Ohio Administrative Code 1501:13 — Department of Natural Resources | Division of Mineral Resources Management-Coal

Chapter 1501:13-1 Administrative Procedures

Ohio Adm.Code 1501:13-1-01 Effective date and applicability.

(A) No permit to conduct coal mining and reclamation operations shall be issued unless application for the permit has been made in accordance with the requirements of these rules.

(B) Each coal mining and reclamation operation shall comply with all the requirements of these rules, except as provided in paragraphs (C)(1) to (C)(3) of this rule.

(C) Each structure used in connection with or to facilitate a coal exploration or coal mining and reclamation operation shall comply with the performance standards and the design requirements of these rules except that:

(1) If the performance standard in effect prior to August 16, 1982, in Chapter 1513. of the Revised Code and Chapters 1501:13-1 to 1501:13-14 of the Administrative Code, is no less effective than the comparable performance standards of these rules, an existing structure which meets the performance standards of the prior law and rules may be exempted by the chief from meeting the design requirements of these rules.

(2) If the performance standard in effect prior to August 16, 1982, in Chapter 1513. of the Revised Code and Chapters 1501:13-1 to 1501:13-14 of the Administrative Code, is less effective than the comparable performance standards of these rules, the chief shall require an existing structure to be modified to meet either the design requirements of Chapter 1513. of the Revised Code and these rules or the comparable performance standards of Chapter 1513. of the Revised Code and these rules, or both.

(3) The exemptions provided in paragraphs (C)(1) and (C)(2) of this rule shall not apply to:

(a) The requirements for existing and new coal mine waste disposal facilities; and

(b) The requirements to restore the approximate original contour of the land.

(4) These rules shall not govern operations conducted prior to August 16, 1982, except:

(a) Operations conducted under a strip mining permit shall comply with and be governed by rules 1501:13-1-01, 1501:13-1-03 to 1501:13-1-13, 1501:13-3-01 to 1501:13-3-08, 1501:13-6-03, 1501:13-7-06, 1501:13-9-10, and 1501:13-14-01 to 1501:13-14-04 of the Administrative Code, and all rules expressly made applicable therein, except that a person conducting such operations may choose to design structures in accordance with the design requirements specified in Chapters 1501:13-4, 1501:13-9, 1501:13-10, 1501:13-11, and 1501:13-13 of the Administrative Code.

(b) All operators of underground coal mines who submitted a mine map and affidavit pursuant to section 1513.12 of the Revised Code as it was in effect prior to September 1, 1981, shall comply with and be governed by rules 1501:13-1-01, 1501:13-1-03 to 1501:13-1-13, 1501:13-3-01 to 1501:13-3-08, 1501:13-6-03, 1501:13-12-03, 1501:13-12-04, and 1501:13-14-01 to 1501:13-14-04 of the Administrative Code, and all rules expressly made applicable therein, except that a person conducting such operations may choose to design structures in accordance with the design requirements specified in Chapters 1501:13-4, 1501:13-9, 1501:13-10, 1501:13-11, and 1501:13-13 of the Administrative Code.

(D) Termination of jurisdiction.

(1) The chief may terminate jurisdiction under Chapter 1513. of the Revised Code over the reclaimed site of a completed coal mining and reclamation operation, or increment thereof, upon the chief's final decision in accordance with Chapter 1501:13-7 of the Administrative Code to release the performance security fully.

(2) Following a termination under paragraph (D)(1) of this rule, the chief shall reassert jurisdiction under Chapter 1513. of the Revised Code over a site if it is demonstrated that the performance security release was based on fraud, collusion, or misrepresentation of a material fact.

Last updated February 27, 2023 at 9:45 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-03

(A) The chief of the division of mineral resources management shall:

(1) Provide advice, assistance, and guidance to all employees of the division of mineral resources management required to file statements pursuant to paragraph (F) of this rule;

(2) Promptly review the statement of employment and financial interests and supplements, if any, filed by each employee, to determine if the employee has correctly identified those listed employment and financial interests which constitute a direct or indirect financial interest in a coal mining operation;

(3) Resolve prohibited financial interest situations by ordering or initiating remedial action or by reporting the violations to the director of the office of surface mining reclamation and enforcement;

(4) Certify on each statement that review has been made, that prohibited financial interests, if any, have been resolved, and that no other prohibited interests have been identified from the statement;

(5) Submit to the director of the office of surface mining reclamation and enforcement such statistics and information as he or she may request;

(6) Submit to the director of the office of surface mining reclamation and enforcement the initial listing and the subsequent annual listings of positions as required by paragraphs (F)(1) to (F)(3) of this rule;

(7) Furnish a blank statement forty-five days in advance of the filing date established by paragraph (G)(1) of this rule to each employee required to file a statement; and

(8) Annually inform each employee required to file a statement with the chief of the name, address, and telephone number of the person whom the employee may contact for advice and counseling.

(B) Employees performing any duties or functions under Chapter 1513. of the Revised Code shall:

(1) Have no direct or indirect financial interest in coal mining operations;

(2) File a fully completed statement of employment and financial interest upon entrance to duty, and annually thereafter on the specified filing date; and

(3) Comply with directives issued by persons responsible for approving each statement and comply with directives issued by those persons responsible for ordering remedial action.

(C) Members of the reclamation commission shall recuse themselves from proceedings which may affect their direct or indirect financial interests.

(D) Definitions. For purposes of this rule:

(1) "Coal mining operation" means the business of developing, producing, preparing or loading coal, or of reclaiming the areas upon which such activities occur.

(2) "Employee" as used in this rule means any person employed by the state who performs any function or duty under Chapter 1513. of the Revised Code. However, members of the reclamation commission and members of the reclamation forfeiture fund advisory board are not included within the meaning of this definition.

(3) "Performing any function or duty under Chapter 1513. of the Revised Code" means those decisions or actions which, if performed or not performed by an employee, affect the regulatory program administered under Chapter 1513. of the Revised Code.

(4) "Direct financial interest" means ownership or part ownership of lands, stocks, bonds, debentures, warrants, partnership shares, or other holdings and also means any other arrangement where the employee may benefit from his or her holding in or salary from coal mining operations. Direct financial interests include employment, pensions, creditor, real property and other financial relationships.

(5) "Indirect financial interest" means the same financial relationships as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by his or her spouse, minor child and other relatives, including in-laws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining operation in which the spouse, minor children or other resident relatives hold a financial interest.

(6) "Prohibited financial interest," means any direct or indirect financial interest in any coal mining operation.

(E) An employee who fails to file the required statement will be considered in violation of the intended employment provisions of section 1513.04 of the Revised Code and will be subject to removal from his or her position.

(F) Who shall file.

(1) Any employee who performs any function or duty under Chapter 1513. of the Revised Code is required to file a statement of employment and financial interest. Members of the reclamation commission and members of the reclamation forfeiture fund advisory board are required to file a statement of employment and financial interests. An employee who occupies a position which has been determined by the chief not to involve performance of any function or duty under Chapter 1513. of the Revised Code or who is no longer employed by the chief at the time a filing is due, is not required to file a statement.

(2) The chief of the division of mineral resources management shall:

(a) Prepare a list of those positions within the division of mineral resources management that do not involve performance of any functions or duties under Chapter 1513. of the Revised Code;

(b) Prepare and submit to the director of the office of surface mining reclamation and enforcement an initial listing of positions that do not involve performance of any functions or duties under Chapter 1513. of the Revised Code.

(3) The chief of the division of mineral resources management shall annually review and update this listing. The listing must be submitted to the director of the office of surface mining reclamation and enforcement and must contain a written justification for inclusion of the positions listed. Proposed revisions or a certification that revision is not required shall be submitted to the director by no later than September thirtieth of each year. The chief of the division of mineral resources management may revise the listing by the addition or deletion of positions at any time he or she determines such revisions are required to carry out the purpose of section 1513.04. of the Revised Code or this rule. Additions to and deletions from the listing of positions are effective upon notification to the incumbents of the positions added or deleted.

(G) When to file.

(1) Employees performing functions or duties under Chapter 1513. of the Revised Code, and members of the reclamation commission and members of the reclamation forfeiture fund advisory board, shall file annually on February first of each year or at such other date as may be agreed to by the director of the office of surface mining reclamation and enforcement.

(2) Employees hired, appointed, or transferred to perform functions or duties under Chapter 1513. of the Revised Code, and members of the reclamation commission and members of the reclamation forfeiture fund advisory board, shall be required to file at the time of entrance to duty.

(3) A new employee, and a new member of the reclamation commission or the reclamation forfeiture fund advisory board, is not required to file an annual statement on the subsequent annual filing date if this date occurs within two months after his or her initial statement was filed.

(H) Where to file.

The chief of the division of mineral resources management shall file his or her statement with the director of the office of surface mining reclamation and enforcement. All other employees, as provided in paragraph (F)(1) of this rule, and members of the reclamation commission and members of the reclamation forfeiture fund advisory board, shall file their statements with the chief of the division of mineral resources management.

(I) What to file.

(1) Each employee and member of the reclamation commission and member of the reclamation forfeiture fund advisory board shall report all information required on the statement of employment and financial interests of the employee or member, his or her spouse, minor children, or other relatives who are full-time residents of the employee's or member's home. The report shall be on "OSM Form 23" as provided by the office of surface mining reclamation and enforcement. The statement shall consist of three major parts:

(a) A listing of all financial interests, including employment, security, real property, creditor, and other financial interests held during the course of the preceding year;

(b) A certification that none of the listed financial interests represent a direct or indirect financial interest in a coal mining operation except as specifically identified and described by the employee or member of the reclamation commission or the reclamation forfeiture fund advisory board as part of the certificate; and

(c) A certification by the reviewer that the form was reviewed, that prohibited interests have been resolved, and that no other prohibited interests have been identified from the statement.

(2) Listing of all financial interests. The statement shall set forth the following information regarding any financial interest:

(a) Employment. Any continuing financial interests in business entities and nonprofit organizations through a pension or retirement plan, shared income, salary or other income arrangement as a result of prior or current employment. The employee or member of the reclamation commission or the reclamation forfeiture fund advisory board, his or her spouse, or other resident relative is not required to report a retirement plan from which he or she will receive a guaranteed income, that is, income which is unlikely to be changed as a result of actions taken by the division of mineral resources management.

(b) Securities. Any financial interest in business entities and nonprofit organizations through ownership of stock, stock options, bonds, securities, or other arrangements including trusts. An employee or a member of the reclamation commission or the reclamation forfeiture fund advisory board is not required to report holdings in widely diversified mutual funds, investment clubs, or regulated investment companies not specializing in coal mining operations.

(c) Real property. Ownership, lease, royalty, or other interests or rights in lands or minerals. Employees or members of the reclamation commission or the reclamation forfeiture fund advisory board are not required to report lands developed and occupied for a personal residence.

(d) Creditors. Debts owed to business entities and nonprofit organizations. Employees or members of the reclamation commission or the reclamation forfeiture fund advisory board are not required to report debts owed to financial institutions (banks, savings and loan associations, credit unions, and the like) which are chartered to provide commercial or personal credit. Also excluded are charge accounts and similar short term debts for current and ordinary household and living expenses.

(3) Employee certification, and, if applicable, a listing of exceptions.

(a) The statement shall provide for a signed certification by the employee or the member of the reclamation commission or the reclamation forfeiture fund advisory board that to the best of his or her knowledge:

(i) None of the listed financial interests represent an interest in a coal mining operation except as specifically identified and described as exceptions by the employee or the member of the reclamation commission or the reclamation forfeiture fund advisory board as part of the certificate; and

(ii) The information shown on the statement is true, accurate, and complete.

(b) An employee or a member of the reclamation commission or the reclamation forfeiture fund advisory board is expected to:

(i) Have complete knowledge of his or her personal involvement in business enterprises such as sole proprietorship and partnership, his or her outside employment, and the outside employment of the spouse and other covered relatives; and

(ii) Be aware of the information contained in the annual financial statement or other corporate or business reports routinely circulated to investors or routinely made available to the public.

(c) The exceptions shown in the employee certification of the form must provide enough information for the chief of the division of mineral resources management to determine the existence of a direct or indirect financial interest and shall include:

(i) A list of financial interests;

(ii) The number of shares, estimated value, or annual income of the financial interests; and

(iii) Any other information that an employee believes should be considered in determining whether the interest represents a prohibited interest or that a member of the reclamation commission believes would support recusal of him or herself from participation in a particular proceeding before the reclamation commission.

(4) Employees are cautioned to give serious consideration to their direct and indirect financial interests before signing the statement of certification pursuant to paragraph (I)(3) of this rule. Signing the certification without listing known prohibited financial interests may be cause for imposing on an employee the penalty prescribed in paragraph (E) of this rule.

(J) Gifts and gratuities.

(1) Except as provided in paragraph (J)(2) of this rule, employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a coal company which:

(a) Conducts or is seeking to conduct, operations, or activities that are regulated by the division of mineral resources management; or

(b) Has interest that may be substantially affected by the performance or nonperformance of the employee's official duty.

(2) The prohibitions in paragraph (J)(1) of this rule do not apply in the context of obvious family or personal relationships, such as those between the parents, children or spouse of the employee and the employee, when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors. Any employee may accept:

(a) Food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon, dinner, or other meeting where an employee may properly be in attendance, provided the nominal value of food, refreshment, unsolicited advertising or promotional materials accepted from a single coal company does not exceed twenty dollars in one year; and

(b) Unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars and other items of nominal value.

(K) The chief shall take the following actions to resolve prohibited interests:

(1) If an employee has a prohibited financial interest, the chief of the division of mineral resources management shall promptly advise the employee, in the form of an order, that remedial action which will resolve the prohibited interest is required within ninety days. Remedial action may include:

(a) Reassignment of the employee to a position which performs no function or duty under Chapter 1513. of the Revised Code; or

(b) Divestiture of the prohibited financial interest; or

(c) Other appropriate action which either eliminates the prohibited interest or eliminates the situation which creates the conflict;

(2) If, ninety days after an employee is notified pursuant to paragraph (K)(1) of this rule to take remedial action, that employee is not in compliance with the requirements of Chapter 1513. of the Revised Code and this rule, the chief of the division of mineral resources management shall report the facts to the director of the office of surface mining reclamation and enforcement. The report to the director shall include the original or a certified true copy of the employee's statement and any other information pertinent to the director's determination, including a statement of actions being taken at the time the report is made.

(L) Appeals procedures. Employees have the right to appeal an order for remedial action under paragraph (K) of this rule and shall have thirty days to exercise this right before disciplinary action is initiated.

(1) An employee, other than the chief of the division of mineral resources management or a hearing officer of the reclamation commission, may file an appeal in writing with the chief, who will conduct an informal hearing on the merits.

(2) The chief of the division of mineral resources management or a hearing officer of the reclamation commission may file an appeal in writing with the director of the office of surface mining reclamation and enforcement, who will refer it to the conflict of interest appeals board within the United States department of the interior.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-13

When a specific paragraph is referenced in these rules, all paragraphs subordinate to that specific paragraph shall be incorporated by that reference. For example, a reference to paragraph (B) of rule 1501:13-4-04 of the Administrative Code shall include paragraphs (B)(1) to (B)(3) of that rule, and a reference to paragraph (C)(1) of rule 1501:13-4-04 of the Administrative Code shall include paragraphs (C)(1)(a) to (C)(1)(c) of that rule.

Last updated February 27, 2023 at 9:46 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-01

(A) Except as provided in paragraph (B) of this rule, a person claiming valid existing rights must demonstrate both of the following:

(1) A property rights demonstration showing that, at the time the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, a legally binding conveyance, lease, deed, contract, or other document vests that person, or a predecessor in interest, with the right to conduct the type of coal mining operations intended; and

(2) Compliance with one of the following standards:

(a) Good faith/all permits standard. All permits and other authorizations required to conduct coal mining operations had been obtained, or a good faith effort to obtain all necessary permits and authorizations had been made, before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code. At a minimum, an application must have been submitted for any permit required under Chapter 1513. of the Revised Code; or

(b) Needed for and adjacent standard. The land is needed for and immediately adjacent to a coal mining operation for which all permits and other authorizations required to conduct coal mining operations had been obtained, or a good faith attempt to obtain all permits and authorizations had been made, before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code. To meet this standard, the person claiming valid existing rights shall demonstrate that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code. Except for operations in existence before August 3, 1977, or for which a good faith effort to obtain all necessary permits had been made before August 3, 1977, this standard does not apply to lands already under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code when the chief approved the permit for the original operation or when the good faith effort to obtain all necessary permits for the original operation was made. In evaluating whether a person meets this standard, the chief may consider factors such as:

(i) The extent to which coal supply contracts or other legal and business commitments that predate the time the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code depend upon use of that land for coal mining operations;

(ii) The extent to which plans used to obtain financing for the operation before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code rely upon use of that land for coal mining operations;

(iii) The extent to which investments in the operation before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code rely upon use of that land for coal mining operations; and

(iv) Whether the land lies within the area identified on the life-of-mine map submitted under paragraph (A)(29) of rule 1501:13-4-08 or paragraph (A)(22) of rule 1501:13-4-08.1 of the Administrative Code before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code.

(B) A person who claims valid existing rights to use or construct a road across the surface of lands protected by division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code shall demonstrate that one or more of the following circumstances exist if the road is included within the definition of coal mining operation of rule 1501:13-1-02 of the Administrative Code:

(1) The road existed when the land upon which it is located came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, and the person has a legal right to use the road for coal mining operations;

(2) A properly recorded right of way or easement for a road in that location existed when the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, and, under the document creating the right of way or easement, and under subsequent conveyances, the person has legal right to use or construct a road across the right of way or easement for coal mining operations;

(3) A valid permit for use or construction of a road in that location for coal mining operations existed when the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code; or

(4) Valid existing rights exist under paragraph (A) of this rule.

(C) Possession of valid existing rights under this rule only confers an exception from the prohibitions of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code. A person seeking to exercise valid existing rights shall comply with all other pertinent requirements of Chapter 1513. of the Revised Code and these rules.

Last updated February 27, 2023 at 9:46 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-08

To provide for lateral support, no permit application shall be approved to extend any part of a pit within fifty feet of horizontal distance to an adjacent land or water unless the permittee owns either the surface or the mineral rights in and under the adjoining land or water, or the permittee has written consent from the adjoining surface and mineral owners which consent shall be filed with the permit application.

Last updated April 24, 2026 at 2:22 PM

History

• Effective: October 27, 1982
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-1-02 Definitions.

As used in Chapters 1501:13-1 to 1501:13-14 of the Administrative Code:

(A) "Abatement plan" means any individual technique or combination of techniques, the implementation of which may result in reduction of the base line pollution load. Abatement techniques may include but are not limited to best management practices such as: addition of alkaline material, daylighting old underground mines, special plans for managing toxic- and acid-forming material, regrading, and revegetation.

(B) "Acid drainage" means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned coal mine and reclamation operation or from an area affected by coal mining and reclamation operations.

(C) "Acid-forming materials" means earth materials that contain sulfide mineral or other materials which, if exposed to air, water, or weathering processes, will form acids that may create acid drainage.

(D) "Acid water" means any waters, the pH of which, as determined by standard methods, is less than 6.0.

(E) "Adjacent area" means the area outside the affected area or permit area where air, surface or ground water, fish, wildlife, vegetation or other resources protected by Chapter 1513. of the Revised Code, determined according to the context in which "adjacent area" is used, are or reasonably could be expected to be adversely affected by proposed coal mining and reclamation operations including probable impacts from underground workings. With respect to underground mining operations, "adjacent area" shall include, at a minimum, the surface areas above full coal recovery areas.

(F) "Affected area" means any land or water surface area which is used to facilitate, or is physically altered by, coal mining and reclamation operations.

(1) The affected area includes:

(a) The disturbed area;

(b) Any area upon which coal mining and reclamation operations are conducted;

(c) Any adjacent lands the use of which is incidental to coal mining and reclamation operations;

(d) All areas covered by new or existing roads used to gain access to, or for hauling coal to or from coal mining and reclamation operations, but may not include public roadways, provided that:

(i) The public roadway was in existence prior to the application for the permit;

(ii) The effect on the public roadway from mining use will be minor; and

(iii) The public roadway is incidentally, rather than directly, part of the mining operation;

(e) Any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, shipping areas; and

(f) Any areas upon which are sited structures, facilities, or other property material on the surface resulting from, or incident to, coal mining and reclamation operations.

(2) The affected area does not include surface disturbance attributable solely to underground mine subsidence, provided that this exception shall not be construed as a limitation on the authority of the chief or his or her authorized representative to require submission of information about, or take enforcement or other actions in regard to, subsidence disturbances and conditions existing in areas overlying underground workings before, during, and after mining, which areas are not within the permit or affected area.

(G) "Alternative financial security" means a trust fund, a standby trust fund, or other similar agreement or mechanism for the benefit of the state, enforceable under law and approved by the chief, that assures sufficient funds are available and devoted solely to the purpose of providing and maintaining long-term water treatment or a long-term alternative water supply, as applicable, for permits the chief determines require alternative financial security under division (F)(8) of section 1513.16 of the Revised Code.

(H) "Angle of draw" means the angle with the vertical, made by a straight line extending away from the edge of the mined-out area to the ground surface, spanning the horizontal distance in which subsidence may occur.

(I) "Applicant" means any person seeking a permit, permit renewal or revision to a permit, or a transfer, assignment or sale of permit rights from the chief to conduct coal mining and reclamation operations.

(J) "Application" means the documents and other information filed with the chief under Chapter 1513. of the Revised Code, and rules adopted thereunder, for the issuance of a permit, permit renewal or revision to a permit, or for a transfer, assignment or sale of permit rights for coal mining and reclamation operations.

(K) "Approximate original contour" means that surface configuration achieved by backfilling and grading of a mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. Permanent water impoundments may remain where the chief determines that they are in compliance with division (A)(8) of section 1513.16 of the Revised Code.

(L) "Aquifer" means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use.

(M) "Area mining" means a method of surface coal mining that involves making a series of parallel mining cuts against the highwall created from the initial mining cut. Spoil from each subsequent cut is placed in the preceding cut where coal has been removed and, as a result, area mining forms a series of parallel spoil ridges. Area mining along the contour differs from contour mining in that at least three successive parallel cuts are made from the initial cut.

(N) "Auger mining" means a method of mining coal at a highwall by drilling holes or cutting into an exposed coal seam from the highwall and transporting the coal along an auger bit or by conveyors or other means to the surface.

(O) "Backfill" or "backfilling" means to fill an excavation or pit with material to a predetermined configuration by reducing the peaks, valleys, and outslopes of the spoil, and filling the cut.

(P) "Base line pollution load" means the characterization of the material being discharged from or on the pollution abatement area, described in terms of mass loading for net acidity, total iron, total manganese, and total suspended solids, including seasonal variations and variations in response to precipitation events.

(Q) "Best available technology economically achievable" means measures and practices which will abate or ameliorate to the maximum extent possible pollution discharges from or on the pollution abatement area. These measures include engineering, geochemical or other applicable practices.

(R) "Best management practice" means a practice implemented during the mining and reclamation of remining sites that is designed to reduce, if not completely eliminate, the pre-existing water pollution problems. Best management practices are tailored to specific mining operations based largely on pre-existing site conditions, hydrology, and geology. Best management practices are designed to function in a physical and/or geochemical manner to reduce pollution loadings. These best management practices may include engineering, geochemical materials handling, daylighting, regrading, revegetation, diversion ditches or other applicable practices.

(S) "Best technology currently available" means equipment, devices, systems, methods, or techniques which:

(1) Will prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable state or federal laws;

(2) Will minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife, and related environmental values, and achieve enhancement of those resources where practicable; and

(3) Are currently available anywhere as determined by the chief. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of sedimentation ponds.

(T) "Cemetery" means any area of land where human bodies are interred.

(U) "Chief" means chief of the division of mineral resources management.

(V) "Coal exploration" means the field gathering of environmental data and surface or subsurface geologic, physical, or chemical data by trenching, drilling or other techniques that disturb the natural land surface and that are necessary to determine the quality and quantity of overburden and coal of an area.

(W) "Coal exploration permit" means a permit to conduct coal exploration operations that substantially disturb the natural land surface, issued by the chief pursuant to section 1513.072 of the Revised Code.

(X) "Coal mine waste" means coal processing waste and underground development waste.

(Y) "Coal mining and reclamation operations" means coal mining operations and all activities necessary and incidental to the reclamation of such operations.

(Z) "Coal mining operation" means:

(1) Activities conducted on the surface of lands in connection with a coal mine, the removal of coal from coal refuse piles, and surface impacts incident to an underground coal mine. Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining; the use of explosives and blasting; in situ distillation or retorting; leaching or other chemical or physical processing; and the cleaning, concentrating, or other processing or preparation of coal. Such activities also include the loading of coal at or near the mine site. Such activities do not include the following:

(a) The extraction of coal incidental to the extraction of other minerals if the weight of coal extracted is less than one-sixth the total weight of minerals removed, including coal;

(b) The extraction of coal as an incidental part of federal, state, or local highway or other government-financed construction when approved by the chief; or

(c) Coal exploration subject to section 1513.072 of the Revised Code; and

(2) The areas upon which such activities occur or where such activities disturb the natural land surface. Such areas include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or improvement or use of existing roads to gain access to the site of such activities, and for hauling, excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities. Separation by a stream, roadway, or utility easement does not preclude two or more contiguous tracts of land from being considered contiguous.

(AA) "Coal preparation" means chemical or physical processing and the cleaning, concentrating, or other processing or preparation of coal.

(BB) "Coal preparation plant" means a facility where coal is subjected to chemical or physical processing or cleaning, concentrating, or other processing or preparation. It includes facilities associated with the coal preparation plant, including, but not limited to, the following: loading facilities; storage and stockpile facilities; sheds, shops, and other buildings; water treatment and water storage facilities; settling basins and impoundments; and coal processing and other waste disposal areas.

(CC) "Coal processing waste" means earth materials which are wasted or otherwise separated from the product coal after physical or chemical processing, cleaning, or concentrating of coal.

(DD) "Collateral bond" means an indemnity agreement in a sum certain payable only to the state and executed by the permittee or applicant as principal which is supported by one or more of the following:

(1) The deposit of cash in one or more federally insured accounts, payable only to the state upon demand;

(2) Negotiable bonds of the United States or the state of Ohio endorsed to the order of, and placed in the possession of, the state;

(3) Negotiable certificates of deposit, payable to, and in possession of, the state;

(4) An irrevocable letter of credit of any bank organized or authorized to transact business in the state of Ohio, payable only to the state upon presentation by the chief; or

(5) A trust fund naming the state as primary beneficiary in an amount sufficient to complete the reclamation plan for any and all areas that may be in default at any time and devoted solely to the purpose of providing performance security in accordance with these rules.

(EE) "Combustible material" means organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.

(FF) "Community or institutional building" means any building other than a public building or an occupied dwelling, which:

(1) Is used primarily for meetings, gatherings, or functions of local civic organizations or other community groups;

(2) Functions as an educational, cultural, historic, religious, scientific, correctional, mental health, or physical health care facility; or

(3) Is used for public services, including, but not limited to, water supply, power generation or sewage treatment.

(GG) "Compaction" means increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or roller loads from heavy equipment.

(HH) "Complete application" means an application for the issuance of a permit, permit renewal or revision to a permit, or for a transfer, assignment or sale of permit rights for coal mining and reclamation operations which contains all the information required under Chapter 1513. of the Revised Code and these rules and necessary to initiate processing and public review.

(II) "Contour mining" means a method of surface coal mining that involves making an initial mining cut along the contour of a hillside to the maximum highwall height and then making subsequent cuts along the same contour, placing spoil in the preceding cut where the coal has been removed.

(JJ) "Cropland" means land used for the production of cultivated crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land will not be considered as having been used for the production of cultivated crops on the basis of use as woodland or rangeland, or where the only cultivation has been disking to establish or help maintain grass used as a forage, or where the only cultivation has been disking to plant small grain for a quick cover to be used as forage and not as a grain crop.

(KK) "Cumulative hydrologic impact assessment" means the assessment of the probable cumulative impact of all anticipated mining in the general and adjacent area upon the hydrologic balance of the area and particularly upon water availability.

(LL) "D permit" means a permit issued pursuant to an application filed with the division of mineral resources management pursuant to section 1513.07 of the Revised Code, effective September 1, 1981.

(MM) "Developed spring" means a spring regularly being used for domestic or agricultural purposes.

(NN) "Disturbed area" means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by coal mining operations. Those areas are classified as disturbed until reclamation is complete and the performance security or other assurance of performance required by section 1513.08 of the Revised Code is released.

(OO) "Diversion" means a channel, embankment, or other man-made structure constructed for the purpose of diverting water from one area to another.

(PP) "Downslope" means the land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor.

(QQ) "Drainage plan" means a description or illustration of the method of collection, treatment, and discharge of all or any of the waters within, flowing onto, or being discharged from the permit area.

(RR) "Effluent limitations" means a specific, numeric, measurable set of limits on the amount of various pollutants that are placed on point source discharges through the national pollutant discharge elimination system (NPDES). For a remining NPDES permit that uses non-numeric limitations, "effluent limitations" means the best management practice as required under that NPDES permit.

(SS) "Embankment" means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or for other similar purposes.

(TT) "Engineer" means a professional engineer registered in accordance with the requirements of Chapter 4733. of the Revised Code.

(UU) "Ephemeral stream" means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local water table.

(VV) "Excess spoil" means spoil material disposed of in a location other than the mined-out area, except that spoil material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain in non-steep slope areas shall not be considered excess spoil, provided that the blending will be done in accordance with paragraph (E) of rule 1501:13-9-14 of the Administrative Code.

(WW) "Existing structure" means a structure or facility used in connection with or to facilitate coal mining and reclamation operations for which construction began prior to August 16, 1982.

(XX) "Forfeiture of performance security" means that the chief shall proceed against the permittee in the manner set forth in rule 1501:13-7-06 of the Administrative Code.

(YY) "Fragile lands" means areas containing natural, ecologic, scientific, or esthetic resources that could be significantly damaged by coal mining operations. Examples of fragile lands include valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, paleontological sites, national natural landmarks, areas where mining may result in flooding, environmental corridors containing a concentration of ecologic and esthetic features, and areas of recreational value due to high environmental quality.

(ZZ) "Fugitive dust" means that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or coal mining and reclamation operations or both. During coal mining and reclamation operations it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed.

(AAA) "Full coal recovery" means recovery of a high percentage of the in-place coal reserve by pillar removal, longwall mining, or other underground mining method in which support is removed from the roof of the mine under a large enough area that a full or partial collapse or subsidence of the mine roof is planned as part of the method of mining.

(BBB) "General area" means, with respect to hydrology, the topographic and ground-water basin in and surrounding a permit area which is of sufficient size to include the area to be affected by all anticipated mining activities, including one or more watersheds containing perennial streams and ground-water zones, and to allow assessment of the probable cumulative impacts on the quality and quantity of surface and ground-water systems in the basins. Anticipated mining shall include, at a minimum, the entire projected lives, through performance security releases, of:

(1) The proposed operation;

(2) All existing operations; and

(3) Any operation for which a permit application has been submitted to the chief.

(CCC) "Grading" means the shaping of material to conform to the approved mining and reclamation plan.

(DDD) "Ground water" means subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated.

(EEE) "Head-of-hollow fill" means a fill structure consisting of any material, other than organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow, measured at the steepest point, are greater than twenty degrees or the average slope of the profile of the existing hollow from the toe of the fill to the top of the fill is greater than ten degrees. In head-of-hollow fills the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.

(FFF) "Higher or better uses" means postmining land uses that have a higher economic value or nonmonetary benefit to the landowner or the community than the premining land uses.

(GGG) "Highwall" means the face of exposed overburden and coal in an open cut of a coal mining operation or for entry to underground mining operations.

(HHH) "Highwall remnant" means that portion of a highwall that remains after backfilling and grading of a remining permit area.

(III) "Historic lands" means areas containing historic, cultural, or scientific resources. Examples of historic lands include archeological sites, properties listed on or eligible for listing on a state or national register of historic places, national historic landmarks, properties having religious or cultural significance to native Americans or religious groups, and properties for which historic designation is pending.

(JJJ) "Historically used for cropland" means:

(1) Lands that have been used for cropland for any five years or more out of the ten years immediately preceding the acquisition, including purchase, lease, or option, of the land for the purpose of conducting or allowing through resale, lease or option the conduct of coal mining and reclamation operations;

(2) Lands that the chief determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific five-years-in-ten criterion, in which case the regulations for prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved; or

(3) Lands that would likely have been used as cropland for any five out of the last ten years, immediately preceding such acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land.

(KKK) "Hydrologic balance" means the relationship between the quality and quantity of inflow to, outflow from, and storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the quantity and quality relationships between precipitation, runoff, evaporation, and the change in ground and surface water storage.

(LLL) "Hydrologic regime" means the entire state of water movement in a given area. It is a function of the climate, and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form and falls as precipitation, moves then along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration.

(MMM) "Imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirements of Chapter 1513. of the Revised Code or these rules in a coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury exists if a rational person, subjected to the same condition or practice giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement.

(NNN) "Impounding structure" means a dam, embankment or other structure used to impound sediment, water, slurry, or other liquid or semi-liquid material.

(OOO) "Impoundments" means all water, sediment, slurry or other liquid or semi-liquid holding structures and depressions, either naturally formed or artificially built.

(PPP) "Incremental area" for a particular permit year applies only to permits for which the applicant or permittee provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code and means:

(1) That area within the permit area which the permittee affects by coal mining and reclamation operations in the particular permit year and which the permittee does not intend to affect in the coming permit year; and

(2) In the permit year in which mining operations are completed on the permit area, all of the affected area not already designated as an incremental area under paragraph (A)(6)(a) of rule 1501:13-7-01 of the Administrative Code.

(QQQ) "Incremental mining unit" applies only to permits for which the applicant or permittee provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code. Incremental mining unit means an area within a permit of sufficient size and configuration to provide for efficient mining and reclamation operations, subject to approval by the chief, where mining and reclamation activities are authorized by the chief and a specific amount of performance security has been determined by the chief pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code.

(RRR) "In situ processes" means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining.

(SSS) "Intermittent stream" means a stream that is below the local water table and flows for at least some part of the year, and obtains its flow from both surface runoff and ground water discharge.

(TTT) "Knowing" or "knowingly" means, except where the context indicates otherwise, that a person who authorized, ordered, or carried out an act or omission knew or had reason to know that the act or omission would result in either a violation or a failure to abate or correct a violation.

(UUU) "Lands eligible for remining" means those lands that would otherwise be eligible for expenditures under section 1513.37 of the Revised Code.

(VVV) "Leachate" means a liquid that has percolated through soil, rock, or waste and has extracted dissolved or suspended materials.

(WWW) "Monitoring" means the collection of environmental data by either continuous or periodic sampling methods.

(XXX) "Mountaintop removal mining" means coal mining operations in which the mining operation removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill except as otherwise provided for in paragraph (B)(1) of rule 1501:13-13-04 of the Administrative Code, by removing substantially all of the overburden off the bench and creating a level plateau or a gently rolling contour, with no highwalls remaining, and capable of supporting postmining land uses in accordance with the requirements of paragraph (C) of rule 1501:13-4-12 of the Administrative Code.

(YYY) "MSHA" means the mine safety and health administration.

(ZZZ) "Mulch" means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing conditions suitable for germination and growth.

(AAAA) "National pollutant discharge elimination system" and "NPDES" means the national permit program authorized under the Clean Water Act, 33 U.S.C. 1251 et seq., that controls water pollution by regulating point sources that discharge pollutants into waters of the United States.

(BBBB) "Natural hazard lands" means geographic areas in which natural conditions exist which pose or, as a result of coal mining operations, may pose a threat to the health, safety, or welfare of people, property or the environment, including areas subject to landslides, cave-ins, severe wind or soil erosion, frequent flooding, avalanches, and areas of unstable geology.

(CCCC) "Non-commercial building" means any building, other than an occupied residential dwelling, that, at the time the subsidence occurs, is used on a regular or temporary basis as a public building or community or institutional building as those terms are defined in this rule. Any building used only for commercial agricultural, industrial, retail or other commercial enterprises is excluded.

(DDDD) "Notice of intention to explore" means the documents and other information filed with the chief for coal exploration, pursuant to section 1513.072 of the Revised Code and rule 1501:13-4-02 of the Administrative Code.

(EEEE) "Noxious plants" means species that have been included on the official list of noxious plants for the state of Ohio.

(FFFF) "Occupied dwelling" means any building that is currently being used on a regular or temporary basis for human habitation.

(GGGG) "Occupied residential dwelling and structures related thereto" means, for purposes of rule 1501:13-12-03 of the Administrative Code, any building or other structure that, at the time the subsidence occurs, is used either temporarily, occasionally, seasonally, or permanently for human habitation. This term also includes any building, structure or facility installed on, above or below, or a combination thereof, the land surface if that building, structure or facility is adjunct to or used in connection with an occupied residential dwelling. Examples of such structures include, but are not limited to, garages; storage sheds and barns; greenhouses and related buildings; utilities and cables; fences and other enclosures; retaining walls; paved or improved patios, walks and driveways; septic sewage treatment facilities; and lot drainage and lawn and garden irrigation systems. Any structure used only for commercial agricultural, industrial, retail or other commercial purposes is excluded.

(HHHH) "Operation" means coal mining operation.

(IIII) "Operator" means any person conducting a coal mining operation and includes the permittee if the permittee is conducting the mining operation or a contract operator if a person under contract with the permittee is conducting the mining operation.

(JJJJ) "Overburden" means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.

(KKKK) "Perennial stream" means a stream or a part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or surface runoff. The term does not include intermittent stream or ephemeral stream.

(LLLL) "Performance security" means a form of financial assurance, including a surety bond; a collateral bond; or a combination thereof, by which a permittee assures faithful performance of all the requirements of Chapter 1513. of the Revised Code, division 1501:13 of the Administrative Code, and the requirements of the permit and reclamation plan.

(MMMM) "Permanent diversion" means a diversion remaining after coal mining and reclamation operations are completed which has been approved for retention by the chief.

(NNNN) "Permanent impoundment" means an impoundment which is approved by the chief and, if required, by other state and federal agencies for retention as part of the postmining land use.

(OOOO) "Permit" means a permit to conduct coal mining and reclamation operations issued by the chief pursuant to section 1513.07 or 1513.074 of the Revised Code.

(PPPP) "Permit area" means the area of land to be affected indicated on the approved map submitted by the applicant or operator with the application required by section 1513.07 or 1513.074 of the Revised Code. This area shall include, at a minimum, all areas which are or will be affected by the coal mining and reclamation operations during the term of the permit. With respect to underground mining operations, "permit area" shall not include those surface areas overlying underground workings and not included within the affected area.

(QQQQ) "Permit year" means the year beginning on the date on which the permit was issued or the year beginning on any yearly anniversary of the permit issuance. Permit years are identified by sequence. For example, the permit year beginning on the date the permit was issued is the "first permit year," the permit year beginning on the first yearly anniversary of the permit is the "second permit year," and so on.

(RRRR) "Permittee" means a person holding or required by Chapter 1513. of the Revised Code to hold a permit.

(SSSS) "Person" means an individual, partnership, corporation, business trust, estate, trust, association or other legal entity, or any political subdivision, instrumentality or agency of the state or the United States.

(TTTT) "Person having an interest which is or may be adversely affected or person with a valid legal interest" means any person:

(1) Who uses any resource of economic, recreational, esthetic, or environmental value that may be adversely affected by coal exploration or coal mining and reclamation operations or any related action of the chief; or

(2) Whose property is or may be adversely affected by coal exploration or coal mining and reclamation operations or any related action of the chief.

(UUUU) "Pit" or "strip mine pit" means that part of the operation prior to backfilling from which coal is being or has been removed from its natural state.

(VVVV) "Point source discharge" means any discernible, confined or discrete conveyance from which a pollutant is, or may be, discharged to the waters of the state.

(WWWW) "Pollution abatement area" means that part or parts of the permit area which are causing or contributing to the base line pollution load, and which must be affected to bring about potential improvement of the base line pollution load, and which may include the immediate location of the discharge(s). The pollution abatement area shall include, to the extent practicable, areas within the permit area which are adjacent to and nearby the remining operation and which also must be affected to reduce the pollution load of the pre-existing discharges, and may include the immediate location of the pre-existing discharges.

(XXXX) "Precipitation event" means a quantity of water resulting from drizzle, rain, snow, sleet, hail, or that quantity of water emanating from snow cover as snowmelt in a limited period of time.

(YYYY) "Pre-existing discharge" means a discharge from surface or subsurface waters which is located on previously mined area as defined in this rule. This term shall include a pre-existing discharge that is relocated as a result of the implementation of best management practices in the permit.

(ZZZZ) "Previously mined area" means land affected by coal mining operations prior to August 3, 1977 that has not been reclaimed to the standards of Chapter 1513. of the Revised Code, as effective September 1, 1981 and thereafter.

(AAAAA) "Prime farmland" means those lands that both:

(1) Are defined by the secretary of agriculture in 7 C.F.R. 657; and

(2) Have been historically used for cropland.

(BBBBB) "Principal shareholder" means any person who is the record or beneficial owner of ten per cent or more of any class of voting stock.

(CCCCC) "Probable hydrologic consequences" means the projected result of proposed coal mining and reclamation operations which may reasonably be expected to change the quantity or quality of the surface and ground water, the flow, timing, or pattern of the surface and ground water, and the stream channel conditions on the permit area and adjacent area.

(DDDDD) "Productivity" means the vegetative yield produced by a unit area for a unit of time.

(EEEEE) "Property to be mined" means the surface estates and mineral estates within the permit area. For those areas covered by underground workings, "property to be mined" means the mineral estates to be mined and the surface estates.

(FFFFF) "Public building" means any building that is owned by a public agency or used primarily for public business or meetings.

(GGGGG) "Public park" means an area or portion of an area dedicated or designated by any federal, state, or local agency primarily for public recreational use, whether or not such is limited to certain times or days, including any land leased, reserved, or held open to the public because of that use.

(HHHHH) "Public roadway" means a road which is:

(1) Designated as a public road in the jurisdiction within which it is located;

(2) Constructed in a manner consistent with other public roads within the jurisdiction within which it is located;

(3) Regularly maintained with public funds; and

(4) Subject to, and available for, substantial use by the public.

(IIIII) "Publicly owned park" means a public park that is owned by a federal, state or local governmental entity.

(JJJJJ) "Reasonably available spoil" means spoil and suitable coal mine waste material generated by the remining operation or other spoil or suitable coal mine waste material located in the permit area and in the immediate vicinity of the permit area that is accessible and available for use and that, when rehandled, will not cause a hazard to public safety or significant damage to the environment.

(KKKKK) "Recharge capacity" means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.

(LLLLL) "Receiving water" means the specific water body of the waters of the state into which point and non-point sources flow.

(MMMMM) "Reclamation" means those actions taken to restore mined land as required by Chapter 1513. of the Revised Code to a postmining land use approved by the chief.

(NNNNN) "Recurrence interval" means the interval of time in which a precipitation event is expected to occur once, on the average. Magnitude of such events are as defined by the "National Weather Service Technical Paper No. 40, Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments or equivalent regional or rainfall probability information developed therefrom. This technical report is available from NOAA's national weather service website www.nws.noaa.gov/ohd/hdsc/currentpf.htm.

(OOOOO) "Refuse pile" means a surface deposit of coal mine waste that does not impound water, slurry, or other liquid or semi-liquid material.

(PPPPP) "Remining" means conducting coal mining and reclamation operations which affect previously mined areas.

(QQQQQ) "Remining NPDES permit" means a national pollutant discharge elimination system permit issued by the Ohio environmental protection agency for a discharge which is in compliance with the permit requirements of 33 U. S.C. section 1311(p).

(RRRRR) "Renewable resource lands" means aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber, and grazing lands.

(SSSSS) "Replacement of water supply" means, with respect to a protected water supply contaminated, diminished, or interrupted by a surface or underground coal mining operation, provision of a water supply on both a temporary and permanent basis equivalent to premining quality and quantity. Replacement includes provision of an equivalent water delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for the premining water supply.

(1) Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.

(2) If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water supply owner.

(TTTTT) "Road" means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or coal mining and reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches and surface. The term includes any access or haul road constructed, used, reconstructed, improved, or maintained for use in coal exploration or within the affected area of coal mining and reclamation operations, including use by coal hauling vehicles leading to transfer, processing, or storage areas. The term does not include ramps and routes of travel within the mining area or within spoil or coal mine waste disposal areas. The term may not include public roadways outside the permitted area, provided that the public roadway was in existence prior to the application for the permit, the effect on the public roadway from mining use will be minor, and the public roadway is incidentally, rather than directly, part of the mining operation.

(UUUUU) "Rules promulgated thereunder," "rules adopted thereunder," or "these rules" means all rules contained in Chapters 1501:13-1 to 1501:13-14 of the Administrative Code.

(VVVVV) "Runoff" means the overland flow caused by excess rainfall.

(WWWWW) "Safety factor" means the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.

(XXXXX) "Sediment" means undissolved organic and inorganic material transported or deposited by water.

(YYYYY) "Sedimentation pond" means an impoundment used to remove solids from water in order to meet water quality standards or effluent limitations before the water leaves the permit area.

(ZZZZZ) "Shadow area" means the surface areas above the underground workings and surface areas that are within the angle of draw of such workings.

(AAAAAA) "Significant, imminent environmental harm to land, air or water resources" means:

(1) An environmental harm is an adverse impact on land, air, or water resources which resources include, but are not limited to, plant and animal life.

(2) An environmental harm is imminent, if a condition, practice, or violation exists which:

(a) Is causing such harm; or

(b) May reasonably be expected to cause such harm at any time before the end of the reasonable abatement time that would be set under section 1513.02 of the Revised Code.

(3) An environmental harm is significant if that harm is appreciable and not immediately reparable.

(BBBBBB) "Slope" means average inclination of a surface, measured from the horizontal.

(CCCCCC) "Soil horizons" means contrasting layers of soils parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The four master soil horizons are:

(1) "A horizon." The uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest;

(2) "E horizon." The layer commonly near the surface below an A horizon and above a B horizon. An E horizon is most commonly differentiated from an overlying A horizon by lighter color and generally has measurably less organic matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these properties;

(3) "B horizon." The layer that typically is immediately beneath the E horizon. This middle layer commonly contains more clay, iron, or aluminum than the A, E or C horizon; and

(4) "C horizon." The deepest layer of the soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.

(DDDDDD) "Soil survey" means a field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. Soil surveys must meet the standards of the national cooperative soil survey.

(EEEEEE) "Spoil" means overburden that has been removed during coal mining operations, including underground development materials, but does not include topsoil.

(FFFFFF) "Stabilize" means any method used to control movement of soil, spoil piles, or areas of disturbed earth and includes, but is not limited to, increasing bearing capacity, increasing shear strength, draining, compacting or revegetating.

(GGGGGG) "Subirrigation" means the supplying of water to plants from underneath or from a semisaturated or saturated subsurface zone where water is available for use by vegetation.

(HHHHHH) "Subsoil" means the B and C horizons or, in instances where the area has been disturbed by agricultural practices, that soil below the soil ordinarily moved in the tillage or its equivalent in uncultivated soil.

(IIIIII) "Substantial legal and financial commitments in a coal mining operation" means significant investments that have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction or storage facilities and other capital-intensive activities. An example would be an existing mine, not actually producing coal, but in a substantial stage of development prior to production. Costs of acquiring the coal in place or of the right to mine it without an existing mine, as described in the above example, alone are not sufficient to constitute substantial legal and financial commitments.

(JJJJJJ) "Substantially disturb" means, for purposes of coal exploration, to affect significantly land or water resources by blasting, by removal of vegetation, topsoil, or overburden, by construction of roads or other access routes, by placement of excavated earth or waste material on the natural land surface, or by other such activities.

(KKKKKK) "Support facilities" means those facilities resulting from or incident to coal mining and reclamation operations and the areas upon which such facilities are located. Support facilities may consist of, but are not limited to, the following facilities: mine buildings; bathhouses; coal loading facilities, coal crushing facilities; coal sizing facilities; coal storage facilities, equipment and storage facilities; fan buildings; hoist buildings; sheds, shops, and other buildings; facilities used to treat and store water for mine consumption; and railroads, surface conveyor systems, chutes, aerial tramways, or other transportation facilities, but not including public roads. "Resulting from or incident to" an activity connotes an element of proximity to that activity.

(LLLLLL) "Surety bond" means an indemnity agreement in a sum certain payable only to the state, executed by the permittee or applicant as principal and which is supported by the performance guarantee of a corporation licensed to do business as a surety in this state.

(MMMMMM) "Surface mining operations" means those coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location.

(NNNNNN) "Surface water" means water, either flowing or standing on the surface of the earth.

(OOOOOO) "Surveyor" means a professional surveyor registered in accordance with the requirements of Chapter 4733. of the Revised Code.

(PPPPPP) "Suspended solids" or "nonfilterable residue," expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the environmental protection agency's regulations for wastewater and analyses (40 C.F.R. part 136).

(QQQQQQ) "Temporary diversion" means a diversion of a stream or overland flow which is used during coal exploration or coal mining and reclamation operations and not approved by the chief to remain after reclamation as part of the approved postmining land use.

(RRRRRR) "Temporary impoundment" means an impoundment used during coal mining and reclamation operations, but not approved by the chief to remain as part of the approved postmining land use.

(SSSSSS) "Topsoil" means the A and E horizon layers, or in instances in which the area has been disturbed by agricultural practices, the soil ordinarily moved in tillage, or its equivalent in uncultivated soil.

(TTTTTT) "Toxic forming materials" means earth materials or wastes having a pH of less than 4.0 or a calcium carbonate deficiency of five tons or more per one thousand tons of material. By order of the chief, such other earth materials or wastes shall be designated toxic which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.

(UUUUUU) "Toxic-mine drainage" means water that is discharged from active or abandoned mines and other areas affected by coal mining operations and which contains a substance which, through chemical action or physical effects, is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it.

(VVVVVV) "Transfer, assignment, or sale of permit rights" means a change of a permittee, including, but not limited to, any fundamental legal change in the structure or nature of a permittee, a name change, or a change in the ownership and operational control of a permittee to a person who has not held a permit issued under Chapter 1513. of the Revised Code for a period of not less than five years where the existence and name of the permittee remain the same.

(WWWWWW) "Trust fund" means money, securities or other property held by a trustee for the benefit of the state that is devoted to the purpose of providing assurance that funds will be available when needed to comply with Chapter 1513. of the Revised Code and rules adopted thereunder and that irrevocably establishes the state as the primary beneficiary.

(XXXXXX) "Unanticipated event or conditions" as used in rule 1501:13-5-01 of the Administrative Code, means an event or condition related to prior mining activity which arises from a surface coal mining and reclamation operation on lands eligible for remining and was not contemplated in the applicable permit.

(YYYYYY) "Underground development waste" means waste-rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings in connection with underground mining operations.

(ZZZZZZ) "Underground mining operations" means underground mining surface operations and underground workings.

(AAAAAAA) "Underground mining surface operations" means the surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities including hoists and ventilating ducts, areas utilized for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed.

(BBBBBBB) "Underground workings" means underground operations such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing and underground mining, hauling, storage and blasting.

(CCCCCCC) "Unwarranted failure to comply" means the failure of the permittee to prevent the occurrence of any violation of the permit or any requirement of Chapter 1513. of the Revised Code or these rules, due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or Chapter 1513. of the Revised Code or these rules due to indifference, lack of diligence, or lack of reasonable care.

(DDDDDDD) "Valid existing rights" means a set of circumstances under which a person demonstrates compliance with the standards under paragraph (A) or (B) of rule 1501:13-3-01 of the Administrative Code and may, subject to the chief's approval, conduct coal mining operations on lands where division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code would otherwise prohibit such operations.

(EEEEEEE) "Valley fill" means a fill structure consisting of any material, other than organic material, that is placed in a valley where side slopes of the existing valley, measured at the steepest point, are greater than twenty degrees, or where the average slope of the profile of the existing valley from the toe of the fill to the top of the fill is greater than ten degrees.

(FFFFFFF) "Violation," for the purposes of rule 1501:13-4-03, paragraph (D) of rule 1501:13-5-01, and rule 1501:13-5-02 of the Administrative Code, means:

(1) A failure to comply with an applicable provision of a federal or state law or regulation pertaining to air or water environmental protection, as evidenced by a written notification from a governmental entity to the responsible person; or

(2) A noncompliance for which the chief has provided one or more of the following types of notice, or the office of surface mining of the U.S. department of the interior or another state regulatory authority has provided equivalent notice under corresponding provisions of the federal regulatory program or a state regulatory program:

(a) A notice of violation;

(b) A cessation order;

(c) A final order, bill, or demand letter pertaining to a delinquent civil penalty;

(d) A bill or demand letter pertaining to delinquent reclamation fees owed to the office of surface mining of the U.S. department of the interior under 30 C.F.R. Part 870; or

(e) A performance security or bond forfeiture order.

(GGGGGGG) "Violation notice," for the purposes of rule 1501:13-4-03, paragraph (D) of rule 1501:13-5-01, and rule 1501:13-5-02 of the Administrative Code, means any written notification from a regulatory authority or other governmental entity of a violation, as specified in the definition of "violation" in this rule.

(HHHHHHH) "Water table" means the upper surface of a zone of saturation where the body of ground water is not confined by an overlying impermeable zone.

(IIIIIII) "Water quality standards" means the rules set forth in Chapter 3745-1 of the Administrative Code establishing stream use designations and water quality criteria protective of such uses for the surface waters of the state.

(JJJJJJJ) "Willful violation" means an act or omission which violates a provision of Chapter 1513. of the Revised Code or these rules, other applicable state or federal laws, or a condition of a permit, committed by a person who intends the result which actually occurs.

(KKKKKKK) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: April 18, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-14

(A) In order to achieve the approximate original contour, the operator shall, as provided by this rule, transport, backfill, compact where advisable to ensure stability or to prevent leaching of toxic materials, and grade all spoil material to eliminate all highwalls, spoil piles, and depressions. Where highwalls are reduced by blasting, all of the provisions of this rule will apply. Small depressions may be left if compatible with the future land use and comply with the requirements of this rule. Cut and fill terraces may be used only in those situations expressly identified in this rule. The postmining graded slopes must approximate the premining natural slopes in the area in accordance with paragraphs (B) and (C)(1) of this rule, except as provided under paragraph (L) of this rule.

(B) Slope measurements.

(1) To determine the natural slopes of the area before mining, representative slopes must be accurately measured and recorded.

(a) Each slope measurement shall be taken along the prevailing slope extending one hundred linear feet above and below or beyond the coal outcrop or the area to be disturbed, or, where this is impractical, at locations specified by the chief.

(b) Where the area has been previously mined, the measurements shall be representative of the premining configuration of the land.

(c) Slope measurements shall take into account natural variations in slope so as to provide accurate representation of the range of natural slopes and shall reflect geomorphic differences of the area to be disturbed.

(2) After the disturbed area has been graded, the final graded slopes shall be measured, comparing the premining slope measurements as shown on the application map.

(3) Slope measurements shall be subject to a five-degree tolerance unless otherwise specified by the chief, provided that this tolerance does not conflict with the approved postmining land use.

(C) Final graded slopes.

(1) The final graded slopes shall not exceed either the approximate premining slopes as determined according to paragraph (B) of this rule and approved by the chief or any lesser slope specified by the chief based on consideration of soil, climate, or other characteristics of the surrounding area. Proof of a minimum long-term static safety factor of 1.3 for the final slopes may be required by the chief. Final graded slopes shall not exceed the angle of repose or such lesser slope as is necessary to achieve this minimum long-term static safety factor and to prevent slides. Postmining final graded slopes need not be uniform.

(2) On approval by the chief and in order to conserve soil moisture, ensure stability, and control erosion on final grade slopes, cut and fill terraces may be allowed if the terraces are compatible with the postmining land use approved under rule 1501:13-9-17 of the Administrative Code, and are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces shall meet the following requirements:

(a) The design and construction is to be certified by an engineer;

(b) The slope of the terrace outslope shall not exceed fifty per cent; and

(c) No highwalls may be left.

(3) All operations on natural slopes of more than twenty degrees or on such lesser slopes as the chief defines as a steep slope shall meet the provisions of rule 1501:13-13-05 of the Administrative Code.

(D) Spoil, except excess spoil disposed of in accordance with rule 1501:13-9-07 of the Administrative Code, shall be returned to the mined-out area or used in accordance with paragraph (E) of this rule for blending to restore approximate original contour.

(E) Blending of spoil. Spoil may be placed on the area outside the mined-out area in nonsteep slope areas within the limits of the approximate original contour by blending the spoil into the surrounding terrain provided all the following requirements are met:

(1) All vegetative and organic material shall be removed from the area;

(2) The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with rule 1501:13-9-03 of the Administrative Code; and

(3) The spoil area shall be backfilled and graded on the area in accordance with the requirements of this rule.

(F) Mountaintop removal. The requirements of this paragraph and of rule 1501:13-13-04 of the Administrative Code shall apply to coal mining operations which remove entire coal seams in the upper part of a mountain, ridge, or hill by removing all of the overburden. Final graded top plateau slopes on the mined area shall be less than twenty per cent so as to create a level plateau or gently rolling configuration and the outslopes of the plateau shall not exceed fifty per cent or such lesser slopes as the chief shall prescribe. Although the area need not be restored to approximate original contour, all highwalls, spoil piles, and depressions except as provided in paragraphs (G) and (H) of this rule shall be eliminated. All mountaintop removal operations shall, in addition, meet the provisions of rule 1501:13-13-04 of the Administrative Code.

(G) Small depressions. The requirement of this rule to achieve the approximate original contour does not prohibit construction of small depressions if they are approved by the chief to minimize erosion, conserve soil moisture, promote revegetation, or enhance fish and wildlife. These depressions shall be compatible with the approved postmining land use and shall not be inappropriate substitutes for construction of lower grades on the reclaimed lands. The total surface area and the holding capacity of the depression shall be approved by the chief. Permanent impoundments shall be governed by paragraph (H) of this rule and by rule 1501:13-9-04 of the Administrative Code.

(H) Permanent impoundments. Permanent impoundments may be retained in mined and reclaimed areas provided all highwalls are eliminated by grading to appropriate contour and the provisions for postmining land use pursuant to rule 1501:13-9-17 of the Administrative Code and protection of the hydrologic balance pursuant to rule 1501:13-9-04 of the Administrative Code are met. No impoundments shall be constructed on top of areas in which excess spoil is deposited pursuant to rule 1501:13-9-07 of the Administrative Code.

(I) Regrading or stabilizing rills and gullies. Rills and gullies which form in regraded, topsoiled areas shall be filled, regraded or otherwise stabilized and have the topsoil replaced and the areas reseeded or replanted, when the rills and gullies either:

(1) Disrupt the approved postmining land use or the reestablishment of the vegetative cover; or

(2) Cause or contribute to a violation of water quality standards.

(J) Covering or otherwise treating coal and acid-forming, toxic-forming, combustible, and other waste materials; stabilizing backfilled materials; and using waste material for fill.

(1) Covering all exposed coal seams remaining after mining. Any acid-forming, toxic-forming or combustible materials, or any other waste materials exposed, used, or produced from a coal mining operation shall be:

(a) Placed in such a manner so as to:

(i) Isolate said materials to minimize contact with water;

(ii) Prevent combustion; and

(iii) Prevent adverse effects on plant growth and land use;

(b) Placed in such a manner so as not to be in proximity to a drainage course; and

(c) Covered with four feet of nontoxic and noncombustible material or treated to a nontoxic and noncombustible state. The chief may allow less than four feet of cover material based on physical and chemical analyses which show the requirements of rule 1501:13-9-15 of the Administrative Code will be met.

(2) Stabilization. Backfilled materials shall be selectively placed and compacted wherever necessary to prevent leaching of acid- or toxic-forming materials into surface or subsurface waters in accordance with rule 1501:13-9-04 of the Administrative Code and wherever necessary to ensure the stability of the backfilled materials. The method of compacting material and the design specifications shall be approved by the chief before the acid- or toxic-forming materials are covered.

(3) Use of waste materials as fill. Coal mine wastes may be disposed of in the mined-out area only if disposed of in accordance with paragraphs (A) and (B) of rule 1501:13-9-09 of the Administrative Code, except that a long-term static safety factor of 1.3 shall be achieved.

(K) Grading along the contour. All final grading, preparation of overburden before replacement of topsoil, and placement of topsoil in accordance with rule 1501:13-9-03 of the Administrative Code, shall be done along the contour to minimize subsequent erosion and instability. If such grading, preparation or placement along the contour would be hazardous to equipment operators, then grading, preparation, or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation, or placement shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.

(L) The postmining slope may vary from the approximate original contour when approval is obtained from the chief for:

(1) Mountaintop removal operations in accordance with paragraph (C) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of paragraph (F) of this rule and of rule 1501:13-13-04 of the Administrative Code are met;

(2) A variance from approximate original contour requirements in accordance with paragraph (E) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of rule 1501:13-13-05 of the Administrative Code are met; or

(3) Incomplete elimination of highwalls in previously mined areas in accordance with paragraph (K) of rule 1501:13-4-12 of the Administrative Code, provided the following performance standards are met. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

(a) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the highwall. The area of reasonably available spoil shall be included within the permit area;

(b) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability;

(c) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the chief, that the highwall remnant is stable;

(d) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment; and

(e) For auger mining operations, the following additional requirements shall be met:

(i) The coal seam mined shall be covered with a minimum of four feet of nonacid-, nontoxic-forming material; and

(ii) The person who conducts the auger mining operation shall demonstrate to the chief that the backfill, designed by an engineer, has a minimum static safety factor for the stability of the backfill of at least 1.3.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-7-06

(A) Performance security forfeiture criteria. The chief shall forfeit performance security under the procedures contained in paragraph (C) of this rule whenever any of the following criteria applies:

(1) The permittee failed to comply with a notice of violation issued for failure to complete any phase of reclamation within the time required by the mining and reclamation plan and any time extensions given for good cause; or

(2) The coal mining and reclamation operations on the area under performance security are abandoned; or

(3) The permittee lacks the ability to continue to operate in compliance with the requirements of Chapter 1513. of the Revised Code, these rules, or the permit; or

(4) The permittee defaults on the conditions under which the performance security was accepted.

(B) Opportunity to show cause why performance security should not be forfeited.

(1) Before performance security is forfeited under the criteria of paragraph (A)(2) or (A)(3) of this rule, because of abandonment of the coal mining and reclamation operation or inability of the permittee to comply, the chief shall order the permittee to show cause why the operation should not be deemed abandoned or why the permittee has the ability to comply with the requirements of Chapter 1513. of the Revised Code.

(2) The show cause order shall:

(a) Identify the coal mining and reclamation operations covered by the performance security to be forfeited;

(b) Give notice of the time, date, place, and purpose of the show cause hearing at which the permittee may show cause why the operation should not be deemed abandoned or why the permittee has the ability to comply with the requirements of Chapter 1513. of the Revised Code; and

(c) Be issued at least twenty-one days before the show cause hearing is held.

(3) If the chief determines that the show cause order sent by certified mail or other method able to track receipt of delivery is not received by the permittee within seven days after the order is mailed, the chief shall, as soon as possible, publish notice of the date, time, place, and purpose of the show cause hearing in a newspaper of general circulation in the locality of the operation.

(C) Forfeiture procedures. When performance security is to be forfeited, the chief shall issue a performance security forfeiture order to the permittee.

(1) The chief shall identify in the performance security forfeiture order the entire permit area or, when applicable, the incremental area or the incremental mining unit, for which performance security is to be forfeited. The order shall forfeit all remaining performance security on deposit for the permit.

(2) The performance security forfeiture order may include the terms of a reclamation agreement with the chief which, if complied with, shall result in avoidance of the forfeiture. The terms of the agreement shall include performance of reclamation operations and abatement of all unabated violations in accordance with a compliance schedule which meets the conditions of the permit, the reclamation plan, Chapter 1513. of the Revised Code and these rules, and a timetable specified by the chief.

(a) If the permittee fails to enter into a reclamation agreement within twenty days of the issuance of a performance security forfeiture order containing such agreement, the chief shall immediately forfeit the performance security and notify the permittee's surety, if applicable, of the permittee's failure to comply.

(b) If the permittee demonstrates to the chief's satisfaction within twenty days of the issuance of a performance security forfeiture order that the permittee has the ability to meet the terms and conditions of the reclamation agreement contained in the performance security forfeiture order, the chief shall monitor compliance with the terms and conditions of the reclamation agreement.

(i) Upon the permittee's satisfactory performance under the terms and conditions of the reclamation agreement, the chief shall rescind the performance security forfeiture order.

(ii) Upon the permittee's failure to comply with any of the terms or conditions of the reclamation agreement, the chief shall immediately forfeit the performance security and notify the permittee's surety, if applicable, of the permittee's failure to comply.

(c) The surety's time to elect to reclaim under paragraph (E) of this rule shall not begin to run until the permittee has failed to enter into an agreement under paragraph (C)(2) of this rule or has failed to comply with the terms of such agreement, and the surety has been notified of such failure.

(3) The performance security forfeiture order shall be sent by certified mail, return receipt requested, or other method able to track receipt of delivery and shall inform the permittee and surety of the reasons for the forfeiture.

(4) In the event that the permittee does not enter into a reclamation agreement or fails to comply with the terms of a reclamation agreement under paragraph (C)(2) of this rule, when the performance security filed with the division of mineral resources management is supported by or in the form of:

(a) Cash, certificates of deposit or negotiable government bonds, then the order shall declare the cash, certificates of deposit, or negotiable government bonds property of the state;

(b) A letter of credit, then the order shall inform the permittee that the state will immediately draw on the letter of credit; or

(c) A trust fund, then the order shall inform the permittee that the state will proceed as set forth in the terms of the trust agreement.

(5) If the performance security filed with the division of mineral resources management is in the form of a surety bond, the chief shall also issue a performance security forfeiture order to all sureties involved, and, in addition to the requirements of paragraphs (C)(1) and (C)(3) of this rule, the order shall inform each surety of its rights and the extent of its obligations and liabilities for the entire permit area or, when applicable, for the incremental area or the incremental mining unit.

(D) Issuance of a performance security forfeiture order does not relieve a permittee from the responsibility for complying, and does not prevent the permittee from being subject to civil penalties for not complying with any order or notice of violation issued for conditions existing on the entire permit area or, when applicable, on the incremental area or the incremental mining unit.

(E) Reclamation by the surety.

(1) Within sixty days after it receives a performance security forfeiture order, or within sixty days of notification of the permittee's failure to elect to enter into a reclamation agreement under paragraph (C)(2) of this rule or the permittee's failure to comply with the terms of a reclamation agreement under paragraph (C)(2) of this rule, each surety:

(a) Shall notify the chief that it will not complete reclamation and shall make payment under the surety bond for the full amount of its liability under the surety bond; or

(b) Shall notify the chief that it will complete reclamation and shall submit to the chief a plan, including a timetable for performing reclamation in accordance with the reclamation plan and the requirements of Chapter 1513. of the Revised Code and these rules.

(2) The chief may allow the surety to complete reclamation if the surety can demonstrate an ability to complete reclamation in accordance with Chapter 1513. of the Revised Code, these rules and the reclamation plan.

(3) A surety completing a reclamation phase on the entire permit area or, when applicable, on the incremental area or incremental mining unit, may obtain a release of its performance security obligation in the same manner as a permittee or operator pursuant to division (F) of section 1513.16 of the Revised Code.

(4) The rights of a surety to perform reclamation shall be terminated if the surety fails to:

(a) Notify the chief within sixty days after receipt of the performance security forfeiture order, or within sixty days of notification of the permittee's failure to elect to enter into a reclamation agreement under paragraph (C)(2) of this rule or the permittee's failure to comply with the terms of a reclamation agreement under paragraph (C)(2) of this rule, that it will or will not perform reclamation.

(b) Submit a reclamation timetable at the same time it notifies the chief that it will perform reclamation; or

(c) Commence, continue, or complete reclamation in accordance with the reclamation timetable.

(5) When the chief determines that the rights of a surety shall be terminated, the chief shall issue an order terminating the rights of the surety and demanding payment from the surety for the entire amount of performance security filed with the chief by the surety for the entire permit area or, when applicable, for the incremental area or incremental mining unit.

(F) Reclamation by the chief.

(1) After receiving the moneys collected under paragraph (C) or (E) of this rule, the chief shall proceed to reclaim the entire permit area or, when applicable, the incremental area or the incremental mining unit, in accordance with:

(a) The requirements of section 1513.18 of the Revised Code if the permit that was forfeited was not a permanent program permit; or

(b) In accordance with Chapter 1513. of the Revised Code, these rules and the approved reclamation plan if the permit that was forfeited was a permanent program permit.

(2) Any revisions that the chief wishes to make to the approved reclamation plan of a permanent program permit on which the performance security has been forfeited shall be made in accordance with paragraph (E) of rule 1501:13-4-06 of the Administrative Code. As used in paragraph (F) of this rule, "permanent program permit" means any permit issued after August 16, 1982, and any permit issued between September 1, 1981 and August 16, 1982 that was subsequently revised to meet the criteria of the approved program.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-01

(A) Requirement to file performance security.

(1) After an application for a permit to conduct coal mining and reclamation operations has been approved under these rules, the applicant shall file with the chief performance security in compliance with these rules.

(a) If the applicant provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule, the applicant shall file performance security for:

(i) The number of acres in the entire area to be permitted; or

(ii) The estimated number of acres to be affected in the first permit year in accordance with the requirements of paragraph (A)(6)(a) of this rule.

(b) If the applicant provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule, the applicant shall file performance security for:

(i) The entire area to be permitted; or

(ii) Each incremental mining unit to be affected in the first permit year in accordance with the requirements of paragraph (A)(6)(b) of this rule.

(c) Once coal extraction begins under an approved permit, a permittee providing performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule may not change to providing performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule.

(2) No person shall disturb surface acreage, either by coal mining and reclamation operations conducted on the surface of land or as a result of surface impacts incidental to an underground coal mine, prior to filing with the chief performance security covering the areas of land to be affected.

(3) Liability on the performance security shall cover all coal mining and reclamation operations to be conducted within the permit area until the end of the permittee's period of reclamation responsibility.

(4) No area affected by a coal mining and reclamation operation within a permit shall be identified with a specific performance security.

(5) Performance security shall apply to the permit area and to all revisions to the permit, including incidental boundary revisions and adjacent area permits.

(6) Providing incremental performance security. When an applicant elects to file performance security incrementally:

(a) The applicant that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule shall as part of the permit application process:

(i) Submit to the chief a written estimate of the number of acres to be affected in the first permit year; and

(ii) Before the permit is issued, file with the chief performance security for the estimated number of acres to be affected in the first permit year;

(b) The applicant that provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule shall as part of the permit application process:

(i) Submit to the chief, on the map required under paragraph (D)(3) of rule 1501:13-4-01 of the Administrative Code, the boundaries for each incremental mining unit within the proposed permit area; and

(ii) Before the permit is issued, file with the chief performance security for each incremental mining unit that will be affected in the first permit year;

(c) Thirty days before affecting more than the number of acres or incremental mining units for which performance security has been filed with the chief, the permittee shall file additional performance security for the number of additional acres to be affected in the permit year or for the next incremental mining unit or units to be affected by the mining and reclamation operation;

(d) The permittee shall within thirty days after the end of every permit year:

(i) Identify on the annual map each incremental area or incremental mining unit for the first through most recent permit year in accordance with the requirements of these rules; and

(ii) File performance bond with the chief, concurrently with the submittal of the annual map, if one of the following circumstances applies:

(a) For permits for which performance security has been filed together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule, the number of acres shown as affected and estimated to be affected on the annual map exceeds the number of acres for which performance secuirty has been provided; or

(b) For permits for which performance security has been filed without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule, the incremental mining units shown as affected and estimated to be affected on the annual map exceed the incremental mining units for which performance security has been provided;

(e) Performance security filed and not yet released for any incremental area or incremental mining unit can be forfeited, in whole or part, to perform the requirements of Chapter 1513. of the Revised Code, rules adopted thereunder, and the conditions of the permit on any area affected by the permittee pursuant to the permit;

(f) After a permit is issued, a permittee that has chosen to provide incremental performance security may elect instead to provide performance security for the entire permit area and file the entire performance security required during the term of the permit; and

(g) After a permit is issued, a permittee that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule and that has filed the entire performance security required during the term of the permit may not change to incremental performance security.

(7) A permittee that has filed performance security for the entire permit area instead of filing performance security incrementally shall identify an incremental area or incremental mining unit at the end of each permit year in the manner prescribed in paragraph (A)(6)(d)(i) of this rule and may obtain release of performance security by incremental area or by incremental mining unit, pursuant to rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code, as applicable.

(B) Estimated cost of reclamation. The chief shall determine the estimated cost of reclamation under the initial term of the permit if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(1) The chief shall determine the estimated cost of reclamation using:

(a) The information contained in the permit application and in the approved mining and reclamation plan, as required by the chief and submitted by the applicant under rule 1501:13-4-05 of the Administrative Code, rule 1501:13-4-14 of the Administrative Code or paragraph (I) of rule 1501:13-4-12 of the Administrative Code; and

(b) After considering the topography, geology, hydrology, and revegetation potential of the area of the approved application, the probable difficulty of reclamation.

(2) The chief shall provide the applicant a copy of the estimated cost of reclamation along with the unit costs used to support the estimated cost of reclamation.

(3) The chief shall send written notice of the amount of the estimated cost of reclamation by certified mail or other method able to track receipt of delivery to the applicant.

(C) Method of providing performance security. The applicant shall send written notice to the chief indicating the method by which the applicant will provide the performance security. The method of providing performance security shall apply to the entire permit. The applicant shall provide the performance security in an amount using one of the following:

(1) If the applicant provides performance security without reliance on the reclamation forfeiture fund created in section 1513.18 of the Revised Code, the applicant shall provide as performance security the amount of the estimated cost of reclamation as determined by the chief under paragraph (B) of this rule and in accordance with paragraphs (B) and (C) of rule 1501:13-7-02 of the Administrative Code.

(2) If the applicant provides performance security together with reliance on the reclamation forfeiture fund created in section 1513.18 of the Revised Code, the applicant shall, in addition to paying the tax on the severance of coal levied under division (A)(8) of section 5749.02 of the Revised Code, provide performance security in the amount required under paragraphs (A) and (C) of rule 1501:13-7-02 of the Administrative Code.

(a) To be eligible to provide performance security in accordance with paragraph (C)(2) of this rule, the applicant, an owner and controller of the applicant, or an affiliate of the applicant shall have held a permit issued under this chapter for any coal mining and reclamation operation for a period of not less than five years.

(b) In the event of forfeiture of performance security that was provided in accordance with paragraph (C)(2) of this rule, the difference between the amount of that performance security and the estimated cost of reclamation as determined by the chief under paragraph (B) of this rule shall be obtained from the money in the reclamation forfeiture fund created in section 1513.18 of the Revised Code as needed to complete the reclamation.

(D) Release of excess performance security.

(1) For a permittee that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule:

(a) If, upon receipt by the chief of the annual map and annual report, the number of acres affected is less than the number of acres for which performance security has been provided, the permittee may obtain a release of the excess performance security by submitting a request for release of excess performance security to the chief on a form provided by the chief; and

(b) If, upon receipt by the chief of the final map and final report, the number of acres affected is less than the number of acres for which performance security has been provided, the chief shall release the excess performance security to the permittee.

(2) For a permittee that provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule, if, upon receipt of the annual map and annual report, the chief determines that the required performance security for the next year is less than the performance security that has been provided, the permittee may obtain a release of the excess performance security by submitting a request for release of excess performance security to the chief on a form provided by the chief.

(E) Responsibilities of the chief.

(1) The chief shall prescribe and furnish forms for filing performance security.

(2) The chief shall determine the estimated cost of reclamation in accordance with paragraph (B) of this rule.

(3) The chief shall adjust the amount of the estimated cost of reclamation and the amount of a permittee's performance security provided for the permit area in accordance with paragraph (E) of rule 1501:13-7-02 of the Administrative Code.

(4) The chief shall release the permittee from his performance security obligations in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code.

(5) The chief shall cause all or part of a performance security to be forfeited in accordance with rule 1501:13-7-06 of the Administrative Code.

(6) The chief shall require as a condition of the permit that adequate performance security coverage be in effect at all times.

Last updated February 14, 2022 at 9:04 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-13-04

(A) Mountaintop removal mining operations shall be exempt from the requirements of rule 1501:13-9-14 of the Administrative Code for achieving approximate original contour, if the following requirements are met:

(1) The chief grants a variance under paragraph (C) of rule 1501:13-4-12 of the Administrative Code;

(2) An industrial, commercial, agricultural, residential, or public facility (including recreation facilities) use is proposed for the affected land;

(3) The alternative land use criteria in rule 1501:13-9-17 of the Administrative Code are met and the proposal is approved by the chief; and

(4) All other applicable requirements of these rules and the requirements of division (B) of section 1513.16 of the Revised Code will be met.

(B) Coal mining and reclamation operations conducted under this rule shall comply with the following standards:

(1) An outcrop barrier of sufficient width, consisting of the toe of the lowest coal seam and its associated overburden, shall be retained to prevent slides and erosion. The chief may permit an exemption to the requirement that the coal barrier be retained if the following conditions are satisfied:

(a) The proposed mine site was mined prior to May 3, 1978, and the toe of the lowest seam has been removed; or

(b) A coal barrier adjacent to a head-of-hollow fill may be removed after the elevation of head-of-hollow fill attains the elevation of the coal barrier if the head-of-hollow fill provides the stability otherwise ensured by the retention of a coal barrier;

(2) The final graded top plateau slopes on the mined area shall be less than 1v:5h so as to create a level plateau or gently rolling configuration and the outslopes of the plateau shall not exceed 1v:2h, except where engineering data substantiates and the chief finds that a minimum static safety factor of 1.5 will be attained;

(3) The resulting level or gently rolling contour shall be graded to drain inward from the outslope except at specific points where it drains over the outslope in protected stable channels. The chief may waive this requirement if environmental problems would be caused by such inward drainage;

(4) Natural watercourses below the area to be mined shall not be damaged;

(5) Spoil shall be placed on the mountaintop bench as is necessary to achieve the postmining land use approved under rule 1501:13-9-17 of the Administrative Code. All excess spoil material not retained on the mountaintop shall be placed in accordance with the standards of rule 1501:13-9-07 of the Administrative Code; and

(6) All waste and acid-forming or toxic-forming materials, including the strata immediately below the coal seam, shall be covered with non-toxic spoil to prevent pollution and achieve the approved postmining land use.

(C) All permits giving approval for mountaintop removal mining shall be reviewed not more than three years from the date of issuance of the permit, unless the operator affirmatively demonstrates and the chief finds that all operations are proceeding in accordance with the terms of the permit and applicable requirements of Chapter 1513. of the Revised Code.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-4-12

(A) Scope. This rule establishes the minimum requirements for permits for certain categories of coal mining and reclamation operations. These requirements are in addition to the general permit requirements contained in Chapter 1501:13-4 of the Administrative Code. All of the provisions of Chapter 1501:13-4 of the Administrative Code apply to such operations, unless otherwise specifically provided in this rule.

(B) Experimental mining practices.

(1) "Experimental practices," as used in this rule, means the use of alternative coal mining and reclamation operation practices for experimental or research purposes. Experimental practices need not comply with specific environmental protection performance standards of these rules, if approved pursuant to paragraph (B) of this rule.

(2) No person shall engage in or maintain any experimental practice, unless that practice is first approved in a permit by the chief and the director of the office of surface mining.

(3) Each person who desires to conduct an experimental practice shall submit a permit application for the approval of the chief and the director of the office of surface mining. The permit application shall contain descriptions, maps, plans, and data which show:

(a) The nature of the experimental practice, including a description of the performance standards for which variances are requested, the duration of the experimental practice, and the special monitoring which will be conducted;

(b) How use of the experimental practice:

(i) Encourages advances in mining and reclamation technology; or

(ii) Allows a postmining land use for industrial, commercial, residential, or public use (including recreational facilities), on an experimental basis, when the results are not otherwise attainable under Chapter 1513. of the Revised Code and rules adopted thereunder;

(c) That the mining and reclamation operations proposed for using an experimental practice are not larger nor more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice;

(d) That the experimental practice:

(i) Is potentially more, or at least as, environmentally protective during and after the proposed mining and reclamation operations as those practices otherwise required under division 1501:13 of the Administrative Code; and

(ii) Will not reduce the protection afforded public health and safety below that provided by the requirements of division 1501:13 of the Administrative Code; and

(e) That the applicant will conduct special monitoring with respect to the experimental practice during and after the operations involved. The monitoring program shall:

(i) Ensure the collection, analysis and reporting of sufficient and reliable data to enable the chief and the director of the office of surface mining to make adequate comparisons with other coal mining and reclamation operations employing similar experimental practices; and

(ii) Include requirements designed to identify, as soon as possible, potential risks to the environment and public health and safety from the use of the experimental practice.

(4) Each application shall set forth the environmental protection performance standards of division 1501:13 of the Administrative Code which will be implemented in the event the objective of the experimental practice is a failure.

(5) All experimental practices for which variances are sought shall be specifically identified through newspaper advertisements by the applicant and the written notifications by the chief required in sections 1513.07 and 1513.071 of the Revised Code.

(6) No permit authorizing an experimental practice shall be issued, unless the chief first finds, in writing, upon the basis of both a complete application filed in accordance with the requirements of paragraph (B) of this rule and the concurrence of the director of the office of surface mining that:

(a) The experimental practice meets all of the requirements of paragraph (B)(3) of this rule;

(b) The experimental practice has been specifically approved, in writing, by the director of the office of surface mining based on the director's findings that all of the requirements of paragraph (B)(3) of this rule will be met;

(c) The experimental practice is based on a clearly defined set of objectives which can reasonably be expected to be achieved; and

(d) The permit contains conditions which specifically:

(i) Limit the experimental practice authorized to that granted by the chief and the director of the office of surface mining;

(ii) Impose enforceable alternative environmental protection requirements; and

(iii) Require the person to conduct the periodic monitoring, recording and reporting program set forth in the application, with such additional requirements as the chief or the director of the office of surface mining may require.

(7) Each permit which authorizes the use of an experimental practice shall be reviewed in its entirety by the chief at a frequency set forth in the approved permit but no less frequently than every two and one-half years. After review, the chief may require such reasonable revision or modification of the permit provisions necessary to ensure that the operations involved are conducted to protect fully the environment and public health and safety. Copies of the decision of the chief shall be provided to the permittee and be subject to review as provided by section 1513.13 of the Revised Code.

(C) Mountaintop removal mining.

(1) Any person who conducts or intends to conduct surface mining operations by mountaintop removal mining shall apply for a variance from approximate original contour restoration requirements in accordance with the requirements of paragraph (C) of this rule.

(2) The chief may issue a permit for mountaintop removal mining, including a variance from the requirements of rule 1501:13-9-14 of the Administrative Code regarding approximate original contour, if he or she first finds, in writing, on the basis of a complete application, that the following requirements are met:

(a) The proposed postmining land use of the lands to be affected will be an industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use and if:

(i) After consultation with the appropriate land use planning agencies, if any, the proposed land use is deemed by the chief to constitute an equal or better economic or public use of the affected land compared with the premining use;

(ii) The applicant demonstrates compliance with the requirements for acceptable alternative postmining land uses of rule 1501:13-9-17 of the Administrative Code;

(iii) The proposed use would be compatible with adjacent land uses and existing state and local land use plans and programs; and

(iv) The chief has provided, in writing, an opportunity of not more than sixty days to review and comment on such proposed use to the local government in whose jurisdiction the land is located and any state or federal agency which the chief, in his or her discretion, determines to have an interest in the proposed use;

(b) The applicant has demonstrated that, in place of restoration of the land to be affected to the approximate original contour under rule 1501:13-9-14 of the Administrative Code, the operation will be conducted in compliance with the requirements of rule 1501:13-13-04 of the Administrative Code;

(c) The requirements of rule 1501:13-13-04 of the Administrative Code are made a specific condition of the permit;

(d) All other requirements of Chapter 1513. of the Revised Code and these rules are met by the proposed operations; and

(e) The permit is clearly identified as being for mountaintop removal mining.

(3) Review of special permits.

(a) Any permits incorporating a variance issued under paragraph (C) of this rule shall be reviewed by the chief to evaluate the progress and development of the mining operations to establish that the operator is proceeding in accordance with the terms of the variance:

(i) Within the sixth month preceding the third year from the date of its issuance;

(ii) Before each permit renewal; and

(iii) Not later than the middle of each permit term.

(b) Any review required under paragraph (C)(3) of this rule need not be held if the permittee has demonstrated and the chief finds, in writing, within three months before the scheduled review, that all operations under the permit are proceeding and will continue to be conducted in accordance with the terms of the permit and requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(c) The chief may modify the terms and conditions of a permit for mountaintop removal mining at any time if he or she determines that more stringent measures are necessary to ensure that the operation involved is conducted in compliance with the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(D) Steep slope mining.

(1) Any person who conducts or intends to conduct steep slope coal mining and reclamation operations shall comply with the requirements of paragraph (D) of this rule except in any of the following situations:

(a) An operator proposes to conduct coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain or predominantly flat area, but on which an occasional steep slope is encountered as the mining operation proceeds;

(b) A person obtains a permit under the provisions of paragraph (C) of this rule; or

(c) To the extent that a person obtains a permit incorporating a variance under paragraph (E) of this rule.

(2) Any application for a permit for coal mining and reclamation operations covered by paragraph (D) of this rule shall contain sufficient information to establish that the operations will be conducted in accordance with the requirements of rule 1501:13-13-05 of the Administrative Code.

(3) No permit shall be issued for any operations covered by paragraph (D) of this rule unless the chief finds, in writing, that in addition to meeting all other requirements of this rule, the operation will be conducted in accordance with the substantive requirements of rule 1501:13-13-05 of the Administrative Code.

(E) Permits incorporating variances from approximate original contour restoration requirements. The chief may, under paragraph (E) of this rule, issue a permit for non-mountaintop removal, steep slope, mining which includes a variance from the requirements of rules 1501:13-9-14 and 1501:13-13-05 of the Administrative Code regarding approximate original contour restoration requirements.

(1) The chief may issue a permit for coal mining incorporating a variance under paragraph (E) of this rule only if he or she first finds, in writing, on the basis of a complete application, that all of the following requirements are met:

(a) The applicant has demonstrated that the purpose of the variance is to make the lands to be affected within the permit area suitable for an industrial, commercial, residential, or public postmining land use (including recreational facilities);

(b) The proposed use, after consultation with the appropriate land use planning agencies, if any, constitutes an equal or better economic or public use;

(c) The applicant has demonstrated compliance with the requirements for acceptable alternative postmining land uses of rule 1501:13-9-17 of the Administrative Code;

(d) The applicant has demonstrated that the watershed of lands within the proposed permit area and adjacent areas will be improved by the operations. The watershed will only be deemed improved if:

(i) There will be a reduction in the amount of total suspended solids or other pollutants discharged to ground or surface waters from the permit area as compared to such discharges prior to mining, so as to improve public or private uses or the ecology of such waters, or there will be reduced flood hazards within the watershed containing the permit area by reduction of peak flow discharges from precipitation events or thaws;

(ii) The total volume of flows from the proposed permit area, during every season of the year, will not vary in a way that adversely affects the ecology of any surface water or any existing or planned use of surface or ground water; and

(iii) The appropriate Ohio environmental agency approves the plan;

(e) The proposed use is designed and certified by an engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site;

(f) The highwall is to be completely backfilled with spoil material, in a manner which results in a static safety factor of at least 1.3, using standard geotechnical analysis;

(g) Only the amount of spoil necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of Chapter 1513. of the Revised Code and rules adopted thereunder is to be placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with rule 1501:13-9-07 of the Administrative Code;

(h) Federal, state and local government agencies with an interest in the proposed land use have an adequate period in which to review and comment on the proposed use;

(i) The applicant has demonstrated that the owner of the surface of the lands within the permit area has knowingly requested, in writing, as part of the application, that a variance be granted. The request shall be made separately from any surface owner consent given for the operations under paragraph (D) of rule 1501:13-4-03 of the Administrative Code and shall show an understanding that the variance could not be granted without the surface owner's request; and

(j) All other requirements of Chapter 1513. of the Revised Code and rules adopted thereunder will be met by the proposed operations.

(2) If a variance is granted under paragraph (E) of this rule:

(a) The requirements of paragraph (E) of this rule shall be made a specific condition of the permit; and

(b) The permit shall be specifically marked as containing a variance from approximate original contour.

(3) Any permits incorporating a variance issued under paragraph (E) of this rule shall be reviewed by the chief to evaluate the progress and development of the mining operations and to establish that the operator is proceeding in accordance with the terms of the variance:

(a) Within the sixth month preceding the third year from the date of its issuance;

(b) Before each permit renewal; and

(c) Not later than the middle of each permit term.

(4) If the permittee demonstrates to the chief at any of the times specified in paragraph (E)(3) of this rule that the operations involved have been and continue to be conducted in compliance with the terms and conditions of the permit, the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code, the review required at that time need not be held.

(5) The terms and conditions of a permit incorporating a variance under paragraph (E) of this rule may be modified at any time by the chief if he or she determines that more stringent measures are necessary to ensure that the operations involved are conducted in compliance with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder.

(F) Prime farmlands.

(1) Paragraph (F) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations on prime farmlands used for cropland. It does not apply to lands included in any existing coal mining operations for which a permit was issued for all or any part thereof prior to August 3, 1977, provided that:

(a) Such lands are part of a single continuous coal mining operation begun under a permit issued before August 3, 1977;

(b) The permittee had a legal right to mine the lands prior to August 3, 1977, through ownership, contract, or lease but not including an option to buy, lease, or contract; and

(c) The lands contain part of a continuous recoverable coal seam that was being mined in a single continuous mining pit or multiple pits if the lands are proven to be part of a single continuous coal mining operation begun under a permit issued prior to August 3, 1977.

(d) For purposes of paragraph (F) of this rule:

(i) A pit shall be deemed to be a single continuous mining pit even if portions of the pit are crossed by a road, pipeline, railroad, or powerline or similar crossing; and

(ii) A single continuous coal mining operation is presumed to consist only of a single continuous mining pit under a permit issued prior to August 3, 1977, but may include non-contiguous parcels if the operator can prove by clear and convincing evidence that, prior to August 3, 1977, the non-contiguous parcels were part of a single permitted operation. For the purposes of this paragraph, clear and convincing evidence includes, but is not limited to, contracts, leases, deeds, or other properly executed legal documents (not including options) that specifically treat physically separate parcels as one coal mining operation.

(2) Application contents for prime farmland. If land within the proposed permit area is identified as prime farmland under paragraph (J) of rule 1501:13-4-04 or paragraph (J) of rule 1501:13-4-13 of the Administrative Code, the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, at a minimum:

(a) A soil survey of the permit area according to the standards of the national cooperative soil survey and in accordance with the procedures set forth in the United States department of agriculture handbooks 436 ("Soil Taxonomy," second edition, 1999) and 18 ("Soil Survey Manual," fourth edition, 2017);

(i) These publications are hereby incorporated by reference. Agriculture handbooks 436 ("Soil Taxonomy") and 18 ("Soil Survey Manual") are available under technical references on the natural resources conservation service website: https://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ref/?cid=stelprdb1247805. Copies of these documents are also available from "NRCS Distribution Center" at https://nrcspad.sc.egov.usda.gov/DistributionCenter/; e-mail nrcsdistributioncenter@ia.usda.gov; or call (888) 526-3227;

(ii) The soil survey shall include a description of soil mapping units and a representative soil profile description as determined by the U.S. natural resources conservation service, including, but not limited to, soil-horizon depths, pH, and the range of soil densities for each prime farmland soil unit within the permit area. Other representative soil profile descriptions from the locality, prepared in conjunction with the national cooperative survey, may be used if their use is approved by the state conservationist, U.S. natural resources conservation service;

(b) The proposed method and type of equipment to be used for removal, storage, and replacement of the soil in accordance with rule 1501:13-13-03 of the Administrative Code;

(c) The method to be employed in avoiding excessive compaction in the replacement of soil;

(d) The location of areas to be used for the separate stockpiling of the soil and plans for soil stabilization before redistribution;

(e) Plans for seeding or cropping the final graded disturbed land and the conservation practices to be used to adequately control erosion and sedimentation and to restore an adequate soil moisture regime, during the period from completion of regrading until release of the performance security as required by Chapter 1513. of the Revised Code and these rules. Proper adjustments for seasons must be proposed so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions;

(f) Available agricultural school studies or other scientific data for areas with comparable soils, climate, and management (including water management) that demonstrate that the proposed method of reclamation will achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before mining;

(g) A demonstration that the applicant has the technological capability to restore the prime farmland to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management; and

(h) In all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as non-mined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to paragraph (F)(2)(a) of this rule.

(3) Consultation with the United States secretary of agriculture. Before any permit is issued for areas that include prime farmlands, the chief shall consult with the United States secretary of agriculture. The United States secretary of agriculture shall provide for review of and comment on the proposed method of soil reconstruction in the plan submitted under paragraph (F)(2) of this rule. If the United States secretary of agriculture considers those methods to be inadequate, he or she shall suggest revisions resulting in more complete and adequate reconstruction. The United States secretary of agriculture has assigned his or her responsibilities under this rule to the administrator of the United States natural resources conservation service. The natural resources conservation service shall carry out consultation and review through the conservationist for the state of Ohio.

(4) Issuance of permit. A permit for the mining and reclamation of prime farmland may be granted by the chief, if he or she first finds, in writing, upon the basis of a complete application, that:

(a) The approved proposed post-mining land use of these prime farmlands will be cropland;

(b) The permit incorporates as specific conditions the contents of the plan submitted under paragraph (F)(2) of this rule, after consideration of any revisions to that plan suggested by the secretary of agriculture under paragraph (F)(3) of this rule;

(c) The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management;

(d) The proposed operations will be conducted in compliance with all of the requirements of rule 1501:13-13-03 of the Administrative Code and other environmental performance and reclamation standards for mining and reclamation of prime farmland; and

(e) The aggregate total prime farmland acreage will not be decreased from that which existed prior to mining. Permanent water bodies, if any, to be constructed during mining and reclamation operations will be located within the post-reclamation non-prime farmland portions of the permit area.

If the prime farmland acreage is to be restored in a location other than the premining location, the relocation must be approved by the chief and the permittee must obtain the consent of all affected surface owners.

(G) Variances for delay in contemporaneous reclamation requirement in combined surface and underground mining operations.

(1) Scope. Any person who conducts or intends to conduct combined surface mining and underground coal mining operations, where contemporaneous reclamation as required by rule 1501:13-9-13 of the Administrative Code is not practicable and a delay is requested to allow underground mining operations to be conducted before the reclamation operation for the surface mining operations can be completed, shall meet the requirements of paragraph (G) of this rule.

(2) The chief may allow the delay in reclaiming where the delay will allow underground mining operations to be conducted to ensure both maximum practical recovery of coal resources and to avoid multiple future disturbances of surface lands or waters.

(3) Application contents for variances. Any person who desires to obtain a variance under paragraph (G) of this rule shall file with the chief complete applications for both the surface mining and underground mining operations which are to be combined. The mining and reclamation operation plans for these permits shall contain appropriate narratives, maps and plans, which:

(a) Show why the proposed underground mining operations are necessary or desirable to assure maximum practical recovery of coal;

(b) Show how the multiple future disturbances of surface lands or waters will be avoided;

(c) Identify the specific surface areas for which a variance is sought and the particular provisions of Chapter 1513. of the Revised Code and these rules from which a variance is being sought;

(d) Show how the operations will comply with rule 1501:13-9-08 of the Administrative Code;

(e) Show why the variance sought is necessary for the implementation of the proposed underground mining operations;

(f) Provide an assessment of the adverse environmental consequences and damages, if any, that will result if the reclamation of coal mining operations is delayed; and

(g) Show how off-site storage of spoil will be conducted to comply with the applicable requirements of rule 1501:13-9-07 of the Administrative Code.

(4) Issuance of permit. A permit incorporating a variance under paragraph (G) of this rule may be issued by the chief if he or she first finds, in writing, upon the basis of a complete application filed in accordance with paragraph (G) of this rule, that:

(a) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations;

(b) The proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple future disturbances of surface land or waters;

(c) The applicant has satisfactorily demonstrated that the applications for the surface mining and underground mining operations conform to the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code, and that all other permits necessary for the underground mining operations have been issued by the appropriate authority;

(d) The surface area of the surface mining operations proposed for the variance has been shown by the applicant to be necessary for implementing the proposed underground mining operations;

(e) No substantial adverse environmental damage, either off-site or on-site, will result from the delay in completion of reclamation otherwise required by division (A)(15) of section 1513.16 of the Revised Code and Chapters 1501:13-9 to 1501:13-11 of the Administrative Code;

(f) The operations will, insofar as a variance is authorized, be conducted in compliance with the requirements of Chapter 1513. of the Revised Code and rule 1501:13-9-08 of the Administrative Code;

(g) Provisions for the placement of excess spoil will comply with the requirements of division (A)(21) of section 1513.16 of the Revised Code and rule 1501:13-9-07 of the Administrative Code;

(h) Liability under the performance security required to be filed by the applicant with the chief pursuant to Chapter 1513. of the Revised Code and these rules shall be for the duration of the underground mining operations and until all requirements of Chapter 1513. of the Revised Code and rules adopted thereunder have been complied with; and

(i) The permit for the surface mining operations contains specific conditions:

(i) Delineating the particular surface areas for which a variance is authorized; and

(ii) Providing a detailed schedule for compliance with the particular requirements of this rule.

(5) Review of permits containing variances. Variances granted under permits issued under paragraph (G) of this rule shall be reviewed by the chief no later than three years from the dates of issuance of the permit and any permit renewals.

(H) Augering.

(1) Paragraph (H) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations utilizing augering operations.

(2) Any application for a permit for operations covered by paragraph (H) of this rule shall contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with the provisions of rule 1501:13-13-02 of the Administrative Code.

(3) No permit shall be issued for any operations covered by paragraph (H) of this rule unless the chief finds, in writing, that in addition to meeting all other applicable requirements of this rule, the operation will be conducted in compliance with rule 1501:13-13-02 of the Administrative Code.

(I) Coal preparation plants or support facilities not located within the permit area of a specified mine.

(1) Paragraph (I) of this rule applies to any person who operates or intends to operate a coal preparation plan or support facility outside the permit area of any mine, other than such plants or facilities which are located at the site of ultimate coal use. Any person who operates such a preparation plant or support facility shall have obtained a permit from the chief in accordance with the requirements of paragraph (I) of this rule.

(2) Any application for a permit for operations covered by paragraph (I) of this rule shall contain in the mining and reclamation plan, specific plans, including descriptions, maps and cross sections of the construction, operation, maintenance and removal of the preparation plants and support facilities. The plan shall demonstrate that those operations will be conducted in compliance with rule 1501:13-13-06 of the Administrative Code. Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in sufficient detail for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(3) No permit shall be issued for any operation covered by paragraph (I) of this rule, unless the chief finds, in writing, that, in addition to meeting all other applicable requirements of Chapter 1501:13-4 of the Administrative Code, the operations will be conducted in compliance with the requirements of rule 1501:13-13-06 of the Administrative Code.

(J) In situ processing activities.

(1) Paragraph (J) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations utilizing in situ processing activities.

(2) Any application for a permit for operations covered by paragraph (J) of this rule shall be made according to all requirements of these rules applicable to underground mining operations. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing that those operations will be conducted in compliance with the applicable requirements of rule 1501:13-13-07 of the Administrative Code, including:

(a) Delineation of proposed holes and wells and production zone for approval of the chief;

(b) Specifications of drill holes and casings proposed to be used;

(c) A plan for treatment, confinement or disposal of all acid-forming, toxic-forming or radioactive gases, solids or liquids constituting a fire, health, safety, or environmental hazard caused by the mining and recovery process; and

(d) Plans for monitoring surface and ground water and air quality, as required by the chief.

(3) No permit shall be issued for operations covered by paragraph (J) of this rule unless the chief first finds, in writing, upon the basis of a complete application made in accordance with paragraph (I)(2) of this rule, that the operation will be conducted in compliance with all requirements of Chapter 1501:13-4 of the Administrative Code relating to underground mining operations and the requirements of Chapters 1501:13-9 to 1501:13-12 and rule 1501:13-13-07 of the Administrative Code.

(K) Permits incorporating variances from approximate original contour restoration requirements for remining operations on previously mined areas. The chief may issue a permit for remining operations on previously mined lands which includes a variance from the requirements of rule 1501:13-9-14 of the Administrative Code requiring elimination of highwalls, provided requirements of paragraph (K) of this rule are met.

(1) The operator of the remining operation shall demonstrate in writing to the chief that the volume of all reasonably available spoil is insufficient to completely backfill the reaffected or enlarged highwall.

(2) If the operator makes the proper demonstration to the chief under paragraph (K)(1) of this rule and the chief issues a permit with a variance for previously mined areas, the remining operation shall be conducted in accordance with the requirements of paragraph (L)(3) of rule 1501:13-9-14 of the Administrative Code.

(L) Lands eligible for remining. Paragraph (L) of this rule applies to any person who proposes to conduct coal mining and reclamation operations on areas eligible for remining. The requirements of this paragraph shall apply until September 30, 2004, or any later date authorized by federal law. The application for a permit containing areas proposed to be remined must include the following:

(1) A description of the proposed lands eligible for remining and a demonstration, to the satisfaction of the chief, how such lands meet the eligibility requirements specified by section 1513.37 of the Revised Code.

(2) Identification, to the extent not otherwise addressed in the permit application, of any potential environmental and safety problems related to the prior mining activity at the site which could be reasonably anticipated to occur. This identification shall be based on a due diligence investigation which shall include visual observations at the site, a record review of past mining at the site, and environmental sampling tailored to current site conditions.

(3) A description, with regard to potential environmental and safety problems identified in paragraph (L)(2) of this rule, of the mitigative measures that will be taken to ensure that the applicable reclamation requirements of Chapter 1513. of the Revised Code and rules adopted thereunder can be met.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-02

(A) Any person who intends to conduct coal exploration operations outside a permit area shall, prior to conducting the exploration, file with the chief a written notice of intention to explore.

(1) Except for exploration of lands designated in accordance with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining operations, if a person demonstrates and the chief finds there will be no substantial disturbance of the natural land surface as "substantially disturb" is defined in rule 1501:13-1-02 of the Administrative Code, the person may conduct coal exploration operations under a notice of intention to explore, provided that person complies with the applicable requirements of this rule.

(2) A person intending to conduct coal exploration operations that substantially disturb the natural land surface, including all exploration of lands designated in accordance with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining operations, shall, in addition to filing a written notice of intention to explore, be issued an exploration permit prior to conducting the exploration.

(B) Notice of intention to explore. The written notice required for coal exploration operations under paragraph (A) of this rule shall include:

(1) The name, address, and telephone number of the person seeking to explore;

(2) The name, address, and telephone number of the representative who will be present at and responsible for conducting the exploration activities;

(3) A description to reasonably identify the exploration area, including a map of a scale of no greater than one inch equals one thousand feet, which shall be attached to the notice of intention showing the location of the exploration area as well as access to the proposed area;

(4) A statement of the period of intended exploration;

(5) A description of the methods and equipment to be used to conduct the exploration operation;

(6) If the surface is owned by a person other than the person seeking to explore, a description of the basis upon which the person seeking to explore claims the right to enter that land for the purpose of conducting exploration and reclamation;

(7) A description of the practices that will be followed to reclaim the area and to protect the environment from the adverse impacts of the exploration operations; and

(8) A statement that the person seeking to explore believes that the exploration operations will not substantially disturb the natural land surface.

(C) The chief, or an authorized representative of the chief, shall promptly review notices of intention to explore.

For exploration operations which the person seeking to explore believes will not substantially disturb the natural land surface, the person shall give reasonable notice to the division of mineral resources management district office having jurisdiction over the exploration area of the approximate date that the exploration will begin and shall give telephone notice on the date of commencement of any exploration activities.

(1) If the chief or an authorized representative of the chief finds the exploration operations will not substantially disturb the natural land surface, he or she shall provide written notice to the person seeking to explore that the notice of intention has been reviewed and the person may begin exploration. Based on determination by the chief, exploration operations that involve only drilling activities may not be considered substantial disturbance of the natural land surface. Drilling activities that will affect lands designated in accordance with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining operations will be considered substantial disturbance.

(2) If the chief or a representative of the chief finds that the exploration operations will substantially disturb the natural land surface, he or she shall notify the person seeking to explore that the notice of intention has been reviewed and the person must submit an application for and be issued an exploration permit before beginning exploration. The chief shall, by order, issue or deny the exploration permit within a reasonable period of time.

(D) Coal exploration under an exploration permit. Any person who intends to conduct coal exploration operations outside a permit area during which more than two hundred fifty tons of coal will be removed or which will substantially disturb the natural land surface, including exploration on lands designated as unsuitable for coal mining operations, shall, prior to conducting the exploration, submit an application and obtain written approval from the chief for an exploration permit. Such exploration shall be subject to the requirements of paragraphs (E) to (L) of this rule. Each application for an exploration permit shall contain, at a minimum, the following information:

(1) The name, address, and telephone number of the applicant;

(2) The name, address and telephone number of the applicant's representative who will be present at and responsible for conducting the exploration activities;

(3) A narrative describing the proposed exploration area;

(4) A narrative description of the methods and equipment to be used to conduct the exploration and reclamation;

(5) An estimated timetable for conducting and completing each phase of the exploration and reclamation;

(6) The estimated amount of coal to be removed and a description of the methods to be used to determine the amount;

(7) If applicable, a statement of why extraction of more than two hundred fifty tons of coal is necessary for exploration;

(8) A description of:

(a) Cultural or historical resources listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html;

(b) Cultural or historical resources known to be eligible for listing on the "National Register of Historic Places," as referenced in paragraph (D)(8)(a) of this rule;

(c) Known archeological resources located within the proposed exploration area; and

(d) Any other information which the chief may require regarding known or unknown historic or archeological resources;

(9) A description of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) identified within the proposed exploration area;

(10) A description of the measures to be used to comply with rule 1501:13-8-01 of the Administrative Code;

(11) The name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored;

(12) A map or maps at a scale of 1:24,000, or larger, showing the areas of land to be disturbed by the proposed exploration and reclamation. The map shall specifically show existing roads, occupied dwellings, topographic and drainage features, bodies of surface water, and pipelines; proposed locations of trenches, roads, and other access routes and structures to be constructed; the location of proposed land excavations; the location of exploration holes or other drill holes or underground openings; the location of excavated earth or waste-material disposal areas; and the location of critical habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(13) If the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter that land for the purpose of conducting exploration and reclamation; and

(14) For any lands listed in rule 1501:13-3-03 of the Administrative Code, a demonstration that, to the extent technologically and economically feasible, the proposed exploration activities have been designed to minimize interference with the values for which those lands were designated as unsuitable for coal mining operations. The application must include documentation of consultation with the owner of the feature causing the land to come under the protection of section 1513.073 of the Revised Code and rules adopted thereunder, and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of section 1513.073 of the Revised Code and rules adopted thereunder.

(E) Public notice and opportunity to comment. Upon submittal to the chief of an administratively complete application for an exploration permit, the applicant shall place an advertisement providing public notice of the filing of the application in a newspaper of general circulation in the county of the proposed exploration area.

(1) The public notice shall state the name and address of the person seeking approval, the filing date of the application, the address of the "Division of Mineral Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229" where written comments on the application may be submitted, the closing date of the comment period, and a description of the area of exploration.

(2) Any person having an interest which is or may be adversely affected shall have the right to file written comments on the application within ten days after the date the notice was published.

(3) A copy of the newspaper advertisement of the application shall be filed with the chief and made part of the complete application. A proof of publication shall be filed with the chief prior to approval of the application.

(F) Decisions on applications for exploration.

(1) The chief, or a representative of the chief, shall promptly review and within a reasonable period of time act upon an administratively complete application for a coal exploration permit and any written comments.

(2) The chief shall approve an application for a coal exploration permit filed in accordance with this rule provided that the application is complete and accurate and the chief finds in writing that the applicant has demonstrated that the exploration and reclamation described in the application will:

(a) Be conducted in accordance with this rule, rule 1501:13-8-01 of the Administrative Code, and the applicable provisions of Chapter 1513. of the Revised Code and these rules;

(b) Not jeopardize the continued existence of an endangered or threatened species listed pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or result in the destruction or adverse modification of critical habitat of those species;

(c) Not adversely affect any cultural or historical resources listed on the "National Register of Historic Places" as referenced in paragraph (D)(8)(a) of this rule, pursuant to the National Historic Preservation Act, as amended (16 U.S.C. 470 et seq.), unless the proposed exploration has been approved by both the chief and the agency with jurisdiction over such matters; and

(d) With respect to exploration activities on any lands protected under section 1513.073 of the Revised Code and rules adopted thereunder, minimize interference, to the extent technologically and economically feasible, with the values for which those lands were designated as unsuitable for coal mining operations. Before making this finding, the chief shall provide reasonable opportunity to the owner of the feature causing the land to come under the protection of section 1513.073 of the Revised Code and rules adopted thereunder, and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of section 1513.073 of the Revised Code and rules adopted thereunder, to comment on whether the finding is appropriate.

(3) Terms of approval issued by the chief shall contain conditions necessary to ensure that the exploration and reclamation will be conducted in compliance with this rule, rule 1501:13-8-01 of the Administrative Code, Chapter 1513. of the Revised Code, and these rules.

(G) Notice of chief's decision. The chief shall notify the applicant, the appropriate local government officials, and other commenters on the application, in writing, of his or her decision on the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval. Public notice of the decision on each application shall be posted by the chief at the division of mineral resources management district office responsible for inspection of the proposed exploration operations.

(H) Coal exploration compliance duties.

(1) Any person who conducts coal exploration operations pursuant to this rule that substantially disturb the natural land surface shall comply with this rule, rule 1501:13-8-01 of the Administrative Code, Chapter 1513. of the Revised Code and these rules, and any exploration permit term or condition imposed by the chief.

(2) Any person who conducts coal exploration operations pursuant to this rule that do not substantially disturb the natural land surface shall comply with the methods and practices described in the notice of intention filed pursuant to paragraph (B) of this rule and the requirements of rule 1501:13-9-02 of the Administrative Code. In addition, this person shall notify the division of mineral resources management district office having jurisdiction over the exploration area of the date of completion of the exploration and reclamation. The notice of intent shall expire on the first anniversary of the date of its issuance, unless a request for renewal is filed with the chief at least sixty days before the expiration date.

(3) Any person who conducts any coal exploration in violation of this rule, rule 1501:13-8-01 of the Administrative Code, Chapter 1513. of the Revised Code and these rules, or any exploration permit term or condition imposed by the chief shall be subject to the provisions of section 1513.99 of the Revised Code, and rules 1501:13-14-01 to 1501:13-14-06 of the Administrative Code.

(I) Public availability of information.

(1) Except as provided in paragraph (I)(2) of this rule, all information submitted to the chief under this rule shall be made available for public inspection and copying at the local offices of the chief closest to the exploration area.

(2) Information not to be available to the public.

(a) The chief shall not make information available for public inspection if the person submitting it requests in writing, at the time of submission, that it not be disclosed and the chief determines that the information is confidential.

(b) The chief shall determine that information is confidential only if it concerns trade secrets or is privileged commercial or financial information that relates to the competitive rights of the person intending to conduct coal exploration.

(c) Information requested to be held as confidential shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.

(J) Availability of exploration permit. Each person conducting a coal exploration operation for which the required exploration permit has been issued shall, while in the exploration area, make the exploration permit available for on-site review by the authorized representative of the chief.

(K) Commercial use or sale.

(1) Except as provided under paragraph (K)(2) of this rule or parts 3480 to 3487 of Title 43 of the Code of Federal Regulations, any person who intends to commercially use or sell coal extracted during coal exploration operations under an exploration permit shall first obtain a permit to conduct surface coal mining operations for those operations from the chief under Chapter 1501:13-4 of the Administrative Code.

(2) With the prior written approval of the chief, no permit to conduct coal mining operations is required for the sale or commercial use of coal extracted during exploration operations if such sale or commercial use is for coal testing purposes only. The person conducting the exploration shall file an application for such approval with the chief. The application shall demonstrate that the coal testing is necessary for the development of a coal mining and reclamation operation for which a coal mining operations permit application is to be submitted in the near future, and that the proposed commercial use or sale of coal extracted during exploration operations is solely for the purpose of testing the coal. The application shall contain the following:

(a) The name of the testing firm and the locations at which the coal will be tested;

(b) If the coal will be sold directly to, or commercially used directly by, the intended end user, a statement from the intended end user, or if the coal is sold indirectly to the intended end user through an agent or broker, a statement from the agent or broker. The statement shall include:

(i) The specific reason for the test, including why the coal may be so different from the intended user's other coal supplies as to require testing;

(ii) The amount of coal necessary for the test and why a lesser amount is not sufficient; and

(iii) A description of the specific tests that will be conducted;

(c) Evidence that sufficient reserves of coal are available to the person conducting exploration or its principals for future commercial use or sale to the intended end user, or agent or broker of such user identified above, to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve; and

(d) An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the quality of the coal and/or the feasibility of developing a surface coal mining operation.

(L) A person adversely affected by a decision of the chief to approve or deny an exploration permit may file an appeal pursuant to section 1513.13 of the Revised Code.

(M) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-12-03

(A) The permittee shall either:

(1) Adopt measures consistent with known technology which prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lands; or

(2) Adopt mining technology which provides for planned subsidence in a predictable and controlled manner. Nothing in this part shall be construed to prohibit the standard method of room-and-pillar mining.

(B) The permittee and the operator shall comply with all provisions of the approved subsidence-control plan prepared pursuant to paragraph (M) of rule 1501:13-4-14 of the Administrative Code.

(C) The chief or his or her authorized representative shall notify the permittee of any material damage to structures or surface land, or of any failure to maintain the value or reasonably foreseeable use of surface lands. Except where such damage or failure may be a part of a set of circumstances which constitute a violation (for example, material damage which results from a failure to adopt measures consistent with known technology which prevent subsidence from causing material damage), notification shall be by letter, electronic mail or inspection report and shall not be deemed a notice of violation. Such notification shall not be subject to formal review by the chief, the reclamation commission, or the courts unless and until it serves as the basis for issuance of a notice of violation or chief's order.

(D) The underground mine permittee shall correct any material damage caused to surface lands, to the extent technologically and economically feasible, by restoring the land surface to a condition capable of maintaining the value and reasonably foreseeable uses which it was capable of supporting before subsidence.

(E) Any agreement between the permittee and a surface owner which addresses the repair of or the compensation for damage to the surface owner's structures shall take precedence over the provisions of this rule and the provisions of this rule shall not apply to any damage to such structures.

(F) If the permittee and the owner of structures have no agreement for repair and compensation, the permittee shall promptly repair, or compensate the owner for, material damage resulting from subsidence caused to any non-commercial building or occupied residential dwelling and structures related thereto that existed at the time of mining. If the repair option is selected, the permittee shall fully rehabilitate, restore or replace the damaged structure. If compensation is selected, the permittee shall compensate the owner of the damaged structure for the full amount of the diminution in value resulting from the subsidence-related damage. The permittee may provide compensation by the purchase, prior to mining, of a non-cancelable premium-prepaid insurance policy for the structures in addition to that required by rule 1501:13-7-07 of the Administrative Code. Structures or facilities not listed in paragraphs (J)(1) to (J)(3) of this rule shall be exempted from the requirements of this paragraph if the permittee or operator submits to the chief copies of documents showing clearly and convincingly that, and the chief determines that, the owner of the structure or facility is the permittee or operator.

(G) If and when subsidence occurs which causes material damage to structures listed in paragraphs (J)(1) to (J)(3) of this rule, or to surface lands, or reduces the foreseeable use or value of surface lands, the underground permittee shall submit to the chief within thirty days after the damage occurs:

(1) Site specific plans for the repair or mitigation of the damage, including a time schedule for performance of the remedial actions;

(2) A request for more time to prepare such plans; or

(3) Written or electronic notification that the permittee feels repair or restoration measures are not technologically feasible. If repair or restoration measures are not desired by the owner of a structure or if repair or restoration measures are not technologically feasible, describe other mitigatory measures to be taken as provided for in this rule.

(H) If and when subsidence causes material damage to any non-commercial building or occupied residential dwelling and structures related thereto that existed at the time of mining, and if the permittee has not reached an agreement with the owner of the structure:

(1) The underground permittee or operator shall submit to the chief within thirty days after receipt of the notice provided under paragraph (C) of this rule:

(a) Site specific plans for the repair of or compensation for the damage, including a time schedule for repair or compensation; or

(b) A request for more time to prepare such plans;

(2) The permittee or operator shall fully perform the obligations specified in any plan submitted in accordance with paragraph (H)(1) of this rule within the time period stated in the plan, provided that the surface owner does not prevent the permittee or operator from performing his or her obligations under the plan; and

(3) If the surface owner prevents the implementation of the permittee's or operator's plan for repair or compensation, then the chief shall take no further action and the surface owner may pursue whatever private rights of action may be available to the surface owner.

(I) All remedial, restoration, and mitigatory actions required under this rule shall be performed as soon as practicable.

(J) Unless the subsidence control plan demonstrates that subsidence will not cause material damage or reduce the reasonably foreseeable use of such features or facilities, underground mining activities shall not be conducted beneath or adjacent to:

(1) Public buildings and facilities;

(2) Churches, schools, and hospitals; or

(3) Impoundments with a storage capacity of twenty acre feet or more, or bodies of water with a volume of twenty acre feet or more.

(K) If the chief determines that it is necessary in order to minimize the potential for material damage to the features or facilities described in paragraphs (J)(1) to (J)(3) of this rule or to any aquifer or body of water that serves as a significant water source for any public water supply system and to protect the public health and safety, he or she may limit the percentage of coal extraction under or adjacent to such features or facilities.

(L) If subsidence causes or does material damage to any of the features or facilities covered by paragraphs (J)(1) to (J)(3) of this rule, the chief may suspend mining under or adjacent to such features or facilities until the subsidence control plan is modified to ensure prevention of material damage to such features or facilities.

(M) The chief shall suspend underground coal mining operations under urbanized areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments, or perennial streams, if imminent danger is found to inhabitants of the urbanized areas, cities, towns, or communities.

(N) Within a schedule approved by the chief, the permittee shall submit a detailed plan of the underground workings. The detailed plan shall include maps and descriptions, as appropriate, of significant features of the underground mine, including pillar and entry size, configuration, and approximate locations; extraction ratios; measures taken to prevent or minimize subsidence and related damage; areas of full extraction; and other information required by the chief. Upon request of the permittee, information submitted with the detailed plan may be held as confidential. As a means of complying with the requirements of this paragraph, the permittee may submit a copy of the mine map submitted to the division of mineral resources management pursuant to section 1563.04 of the Revised Code supplemented with any items needed to meet all the requirements of this paragraph.

(O) Surface owner notification. The permittee shall mail or send by another method able to track receipt of delivery a written notice to owners and occupants of surface property or structures, including wells and buried oil, gas, or utility lines, of the intention of the permittee to mine under such property or structures. Notification shall be mailed at least six months before the mining is to occur or, if a lesser period is approved by the chief, may be mailed less than six months before mining is to occur. The notice shall contain:

(1) Identification of specific areas in which mining will take place;

(2) Approximate dates that specific areas will be undermined;

(3) The location or locations where the subsidence control plan of the permittee may be examined; and

(4) A statement of the permittee's intent to conduct a pre-subsidence survey of all structures, buildings, features and facilities protected under this rule to determine their condition prior to mining, including information on when the survey will be conducted and the area the survey will include. The permittee shall prepare a written report of the survey and provide a copy to the owner or resident of the property which is the subject of the survey and retain a copy for inspection by the chief.

Last updated February 14, 2022 at 1:23 PM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-5-01

(A) Public notices of filing of permit applications, applications for significant revisions to permits, and applications for permit renewal.

(1) After the chief determines an application for a permit, for a significant revision to a permit, or for a permit renewal to be complete, the applicant shall place an advertisement in a local newspaper of general circulation in the locality of the proposed coal mining and reclamation operations at least once a week for four consecutive weeks. The advertisement shall contain, at a minimum, the following information:

(a) The name and business address of the applicant;

(b) A description which shall:

(i) Clearly describe towns, rivers, streams, or other bodies of water, local landmarks, and any other information, including routes, streets, or roads and accurate distance measurements, necessary to allow local residents to readily identify the proposed permit area;

(ii) Clearly describe the exact location and boundaries of the proposed permit area; and

(iii) State the name of the U.S. geological survey 7.5 minute quadrangle map(s) which contains the area described;

(c) The location where a copy of the application is available for public inspection under paragraph (A)(4) of this rule;

(d) The address of the "Division of Mineral Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229" to which written comments, objections, or requests for informal conferences on the application may be submitted under paragraph (B) of this rule and rule 1501:13-14-05 of the Administrative Code;

(e) If the application includes a road permit, approved by the road authority, to conduct coal mining operations within one hundred feet of the outside right-of-way of a public road or to relocate or close a public road, a concise statement describing the public road, the particular part to be relocated, where the relocation is to occur, and the approximate timing and duration of the relocation or closing;

(f) If the application includes a request for an experimental practice under rule 1501:13-4-12 of the Administrative Code, a statement indicating that an experimental practice is requested and identifying the rule of the Administrative Code for which a variance is requested; and

(g) If the application includes a request for restoration off the permit area by means of mitigation pursuant to rule 1501:13-13-08 of the Administrative Code, a statement indicating that such restoration is requested.

(2) Upon receipt of a complete application for a permit, for a significant revision to a permit or for a permit renewal, the chief shall issue written notification of:

(a) The applicant's intention to conduct coal mining and reclamation operations at a particularly described tract of land;

(b) The application or permit number;

(c) Where a copy of the application may be inspected; and

(d) Where comments on the application may be submitted under paragraph (B) of this rule.

(3) The written notification described in paragraph (A)(2) of this rule shall be sent to:

(a) Federal, state, and local government agencies with jurisdiction over or an interest in the area of the proposed operations;

(b) Government planning agencies with jurisdiction to act with regard to land use, air, or water quality planning in the area of the proposed operations;

(c) Sewage and water treatment authorities and water companies, either providing sewage or water services to users in the area of the proposed operations or having water sources or collection, treatment, or distribution facilities located in these areas;

(d) The federal or state government agencies with authority to issue all other permits and licenses needed by the applicant in connection with operations proposed in the application; and

(e) The board of county commissioners, the board of township trustees, the legislative authorities of municipal corporations, private water companies, regional councils of governments, and the boards of directors of conservancy districts in each county or part of a county in which the proposed operations are located.

(4) Availability of permit applications, applications for significant revisions to permits, and applications for permit renewal.

(a) The applicant shall make a full copy of the complete application for a permit, a significant permit revision, or a permit renewal available for the public to inspect and copy. This shall be done by filing a copy of the application submitted to the chief at the division of mineral resources management district office responsible for inspection of the proposed operation, or if no such office is maintained in the county where the mining is proposed to occur, the applicant shall file a copy of the application with the county recorder of that county or at the office of the natural resources conservation service of the United States department of agriculture located in the county where the mining is proposed to occur.

(b) The applicant shall file the copy of the complete application under paragraph (A)(4)(a) of this rule by the first date of newspaper advertisement of the application. The applicant shall file any subsequent changes to the application with the public office at the same time the change is submitted to the chief.

(B) Comments and objections on permit applications, applications for significant revisions to permits and applications for permit renewal.

(1) Within thirty days of notification by the chief, as provided under paragraph (A)(3) of this rule, written comments or objections on an application for a permit, significant revision to a permit, or permit renewal may be submitted to the chief by such public entities with respect to the effects of the proposed mining operations on the environment within their area of responsibility.

(2) Written comments regarding or objections to an application for a permit, significant revision to a permit, or permit renewal may be submitted to the chief by any person having an interest which is or may be adversely affected by the decision on the application, or by an officer or head of any federal, state or local government agency or authority, within thirty days after the last publication of the newspaper notice required under paragraph (A) of this rule.

(3) The chief shall, upon receipt of such written comments or objections, transmit a copy of such written comments or objections to the applicant and file a copy for public inspection at the same public office where the application is filed.

(C) Informal conferences. Any person having an interest which is or may be adversely affected by the issuance of or significant revision to a permit, or by the renewal of a permit, or the officer or head of any federal, state or local government agency or authority may, in writing, within thirty days after the last publication of the newspaper notice required under paragraph (A) of this rule, request that the chief hold an informal conference in accordance with rule 1501:13-14-05 of the Administrative Code.

(D) Review of permit applications, applications for revisions to permits, and applications for permit renewals.

(1) Preliminary review by the chief.

(a) The chief shall review the complete application and any written comments or written objections submitted, and records of any informal conference held under rule 1501:13-14-05 of the Administrative Code.

(b) The applicant for a permit, revision to a permit, or permit renewal shall have the burden of establishing that the application is in compliance with all of the requirements of Chapter 1513. of the Revised Code and these rules.

(2) Time frames for review.

(a) If there has been no informal conference held pursuant to section 1513.071 of the Revised Code, the chief shall submit to the applicant for a permit the written finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within the time frames established in paragraph (D)(2)(b) of this rule. If there has been an informal conference held pursuant to section 1513.071 of the Revised Code, the chief shall submit to the applicant for a permit the written finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within the time frames established in paragraph (B)(3) of rule 1501:13-14-05 of the Administrative Code and paragraph (D)(2)(b) of this rule.

(b) The chief shall grant or deny a permit not later than two hundred forty business days after the submission of a complete application for the permit. Any time during which the applicant is making revisions to the application or providing additional information requested by the chief regarding an application shall not be included in the two hundred forty business days. If the chief determines that a permit cannot be granted or denied within the two-hundred-forty-business-day time frame, the chief, not later than two hundred ten business days after the submission of a complete application for the permit, shall provide the applicant with written notice of the expected delay.

(3) If the chief decides to approve the application, he or she shall require that the applicant file the performance security before the permit is issued, in accordance with the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(4) The chief shall determine, based on the list of violation notices submitted as part of the application under paragraph (C)(3) of rule 1501:13-4-03 of the Administrative Code or on available information concerning federal or state failure-to-abate cessation orders, unabated federal or state imminent harm cessation orders, delinquent civil penalties issued pursuant to rule 1501:13-14-03 of the Administrative Code or section 518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), delinquent abandoned mine reclamation fees, or forfeitures of a coal mining bond, performance security, or similar security deposited in lieu of a bond in this or any other state or with the United States where the violations upon which the forfeitures were based have not been corrected, that any coal mining operation owned or controlled by the applicant or by any person who owns or controls the applicant is not currently in violation of any law, rule, or regulation of the United States or any state law, rule or regulation enacted pursuant to federal law, rule or regulation pertaining to air or water environmental protection. If this determination cannot be made, the chief shall not issue the permit. The chief shall require the applicant, before the issuance of the permit, to either:

(a) Submit to the chief proof that the violation has been corrected or is in the process of being corrected to the satisfaction of the agency that has jurisdiction over the violation, and submit to the chief proof that any civil penalties owed to the state for a violation not the subject of an appeal have been paid; or

(b) Establish for the chief that the applicant, or any person owned or controlled by either the applicant or any person who owns or controls the applicant, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of that violation. If the administrative or judicial hearing authority affirms the violation, then any coal mining operations being conducted under a permit issued according to this paragraph shall be immediately terminated, unless and until the provisions of paragraph (D)(4)(a) of this rule are satisfied.

(5) For the purposes of paragraph (D)(4) of this rule, the chief may presume that, in the absence of a failure-to-abate cessation order, a notice of violation issued pursuant to paragraph (B) of rule 1501:13-14-02 of the Administrative Code or under any equivalent state or federal law, rule or regulation has been or is being corrected to the satisfaction of the agency with jurisdiction over the violation, except where evidence to the contrary is set forth in the permit application, or where the notice of violation is issued for nonpayment of abandoned mine reclamation fees or civil penalties.

(6) No permit shall be issued to an applicant if a determination is made by the chief that the applicant, anyone who owns or controls the applicant, or the operator specified in the application controls or has controlled mining operations with a demonstrated pattern of willful violations of Chapter 1513. of the Revised Code and these rules of a nature and duration to result in irreparable damage to the environment as to indicate an intent not to comply with or a disregard of Chapter 1513. of the Revised Code or division 1501:13 of the Administrative Code.

(7) Any permit that is issued on the basis of proof submitted under paragraph (D)(4)(a) of this rule that a violation is in the process of being corrected, or pending the outcome of an appeal described in paragraph (D)(4)(b) of this rule, shall be conditionally issued.

(8) Subsequent to the effective date of this rule, the prohibitions of paragraph (D)(4) of this rule regarding the issuance of a new permit, shall not apply to any violation that:

(a) Occurs after that date;

(b) Is unabated; and

(c) Results from an unanticipated event or condition that arises from a surface coal mining and reclamation operation on lands that are eligible for remining under a permit:

(i) Issued pursuant to paragraph (L) of rule 1501:13-4-12 of the Administrative Code; and

(ii) Held by the person making application for the new permit.

(d) For permits issued under paragraph (L) of rule 1501:13-4-12 of the Administrative Code, an event or condition shall be presumed to be unanticipated for the purposes of this paragraph if it:

(i) Arose after permit issuance;

(ii) Was related to prior mining; and

(iii) Was not identified in the permit.

(E) Criteria for approval or denial of an application. No application for a permit, significant revision to a permit, or permit renewal shall be approved unless the application affirmatively demonstrates, and the chief finds, in writing, on the basis of information set forth in the application or from information otherwise available, that is documented in the approval and made available to the applicant, that:

(1) The application is accurate and complete and that all requirements of Chapter 1513. of the Revised Code and all rules adopted thereunder have been complied with;

(2) The applicant has demonstrated that coal mining and reclamation operations, as required by Chapter 1513. of the Revised Code and all rules adopted thereunder, can be feasibly accomplished under the mining and reclamation operations plan contained in the application;

(3) The assessment of the probable cumulative hydrologic impacts of all anticipated coal mining in the general area on the hydrologic balance, as described in divisions (B)(1)(k) and (E)(2)(c) of section 1513.07 of the Revised Code, has been made by the chief and the operations proposed under the application have been designed to prevent material damage to the hydrologic balance outside the proposed permit area;

(4) The proposed permit area is:

(a) Not included within an area designated unsuitable for coal mining operations under rule 1501:13-3-07 of the Administrative Code;

(b) Not within an area under study for designation as unsuitable for coal mining operations in an administrative proceeding begun under rule 1501:13-3-07 of the Administrative Code, unless the applicant demonstrates that, before January 4, 1977, substantial legal and financial commitments were made in relation to the operation for which the applicant is applying for a permit;

(c) Not on any lands subject to the prohibitions or limitations of paragraph (A)(1), (A)(2), (A)(6), (A)(7) or (A)(8) of rule 1501:13-3-03 of the Administrative Code;

(d) Not within one hundred feet of the outside right-of-way line of any public road, except as provided for in paragraph (C) of rule 1501:13-3-04 of the Administrative Code; and

(e) Not within three hundred feet from any occupied dwelling, except as provided for in paragraph (A)(5) of rule 1501:13-3-03 or paragraph (D) of rule 1501:13-3-04 of the Administrative Code;

(5) The proposed operations will not adversely affect any publicly owned parks or places included in the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, except as provided for in paragraph (A)(3) of rule 1501:13-3-03 of the Administrative Code. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html;

(6) For operations involving the mining of coal where the private mineral estate to be mined has been severed from the private surface estate and surface disturbance will result from the applicant's proposed use of a surface mining method, the applicant has submitted to the chief the documentation required under paragraph (D)(3) of rule 1501:13-4-03 of the Administrative Code;

(7) The applicant has either:

(a) Submitted the proof required by paragraph (D)(4)(a) of this rule; or

(b) Made the demonstration required by paragraph (D)(4)(b) of this rule;

(8) The applicant has submitted proof, by affidavit and supporting documentation, that all reclamation fees from previous and existing operations as required by Subchapter R of Chapter VII of Title 30 of the Federal Code of Regulations have been paid;

(9) The coal mining and reclamation operations to be performed under the permit will not be inconsistent with other such operations anticipated to be performed during the same permit term in areas adjacent to the proposed permit area;

(10) The applicant will submit the performance security required under Chapter 1513. of the Revised Code and these rules prior to the issuance of the permit;

(11) The applicant has, with respect to prime farmland, obtained either a negative determination or satisfied the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code;

(12) The proposed postmining land use of the permit area has been approved by the chief in accordance with the requirements of rule 1501:13-9-17 of the Administrative Code;

(13) The chief has made all specific approvals required under division 1501:13 of the Administrative Code;

(14) The operations are not likely to jeopardize the continued existence of endangered or threatened species or are not likely to result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.);

(15) The applicant has satisfied the applicable permit requirements for special categories of mining under requirements of rule 1501:13-4-12 of the Administrative Code;

(16) The chief has taken into account the effect of the proposed permitting action on properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (E)(5) of this rule. Some of the ways in which the chief may take into account the effect of the proposed permitting action on such historic resources include, but are not limited to:

(a) Imposing permit conditions which protect the historic resource;

(b) Requiring revision of the proposed operation plan before application approval; and

(c) Concluding in a written finding that no protection measures are necessary;

(17) The applicant has demonstrated that any existing structure will comply with the requirements of paragraph (C) of rule 1501:13-1-01 of the Administrative Code and the applicable performance standards of division 1501:13 of the Administrative Code;

(18) For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements of paragraph (L)(3) of rule 1501:13-9-14 of the Administrative Code, the site of the operation is a previously mined area as defined in rule 1501:13-1-02 of the Administrative Code; and

(19) For operations which will include remining areas under paragraph (L) of rule 1501:13-4-12 of the Administrative Code, the application includes:

(a) Lands eligible for remining;

(b) An identification of the potential environmental and safety problems related to prior mining activity which could reasonably be anticipated to occur at the site; and

(c) Mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation as required by the applicable requirements of Chapter 1513. of the Revised Code can be accomplished.

(F) Final compliance review. After an application is approved, but before the permit is issued, the chief shall reconsider his or her decision to approve the application, based on the compliance review required by paragraph (D)(4) of this rule in light of any new information submitted under paragraphs (B)(11) and (C)(5) of rule 1501:13-4-03 of the Administrative Code.

(G) Conditions of permits: general and right of entry. Each permit issued by the chief shall ensure and contain specific conditions requiring that:

(1) Except to the extent that the chief otherwise directs in the permit that specific actions be taken, the permittee shall conduct all coal mining and reclamation operations as described in the complete application;

(2) The permittee shall allow the authorized representatives of the secretary of the department of the interior, including, but not limited to, inspectors and fee compliance officers, and the chief and his or her authorized representatives, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to:

(a) Have the rights of entry provided for in paragraph (B) of rule 1501:13-14-01 of the Administrative Code; and

(b) Be accompanied by private persons for the purpose of conducting an inspection in accordance with rule 1501:13-14-01 of the Administrative Code when the inspection is in response to an alleged violation reported to the chief by the private person;

(3) The permittee shall conduct coal mining and reclamation operations only on those lands specifically designated on the maps submitted under rules 1501:13-4-04, 1501:13-4-05, 1501:13-4-07, 1501:13-4-08, 1501:13-4-08.1, 1501:13-4-13 and 1501:13-4-14 of the Administrative Code and approved for the term of the permit and which are subject to the performance security in effect pursuant to Chapter 1501:13-7 of the Administrative Code. The permit shall contain a specific condition to prohibit the commencement of coal mining operations on any land that is located within the permit area or the shadow area if the permittee has not provided to the chief documents that form the basis of the permittee's legal right to enter and conduct coal mining operations on that land;

(4) The permittee shall not operate without adequate performance security coverage in effect at all times; and

(5) Within thirty days after a cessation order is issued under rule 1501:13-14-02 of the Administrative Code or 30 C.F.R. 843.11, for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect, the permittee shall submit to the chief the following information, current to the date the cessation order was issued, or notify the chief in writing that there has been no change since the immediately preceding submittal of such information:

(a) Any new information needed to correct or update the information previously submitted to the chief by the permittee under paragraph (B)(5) of rule 1501:13-4-03 of the Administrative Code; or

(b) If not previously submitted, the information required from a permit applicant by paragraph (B)(5) of rule 1501:13-4-03 of the Administrative Code.

(H) Conditions of permits: environment, public health and safety. Each permit issued by the chief shall ensure and contain specific conditions requiring that:

(1) The permittee shall take all possible steps to minimize any adverse impacts to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including, but not limited to:

(a) Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance;

(b) Immediate implementation of measures necessary to comply; and

(c) Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance;

(2) The permittee shall dispose of solids, sludge, filter backwash, or pollutants removed in the course of treatment or control of waters or emissions to the air in the manner required by Chapter 1513. of the Revised Code and all rules adopted thereunder and which prevents violation of any other applicable state or federal law;

(3) The permittee shall conduct his or her operations:

(a) In accordance with any measures specified in the permit as necessary to prevent significant, imminent environmental harm to the health and safety of the public; and

(b) Utilizing any methods specified in the permit by the chief in approving alternative methods of compliance with the performance standards of Chapter 1513. of the Revised Code and all rules adopted thereunder;

(4) As applicable, the permittee shall comply with paragraph (C) of rule 1501:13-1-01 of the Administrative Code and with the permanent or interim program requirements of division 1501:13 of the Administrative Code for compliance, modification, or abandonment of existing structures; and

(5) The permittee shall pay all reclamation fees, as required by Subchapter R of Chapter VII of Title 30 of the Federal Code of Regulations for coal produced under the permit for sale, transfer or use.

(I) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-03

(A) Subject to valid existing rights and qualification for the exception for existing operations under paragraph (B) of this rule, no coal mining operations shall be conducted:

(1) On any lands within the boundaries of the national park system, the national wildlife refuge system, the national system of trails, the national wilderness preservation system, the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276 (a)) or study rivers or study river corridors as established in any guidelines pursuant to that act, national recreation areas designated by act of congress, or any nature preserve dedicated pursuant to Chapter 1517. of the Revised Code;

(2) On any federal lands within the boundaries of any national forest unless approval is granted by the United States secretary of interior;

(3) On any lands on which mining will adversely affect any publicly owned park or any places included on the "National Register of Historic Places," unless approved jointly by the chief and the federal, state, or local agency with jurisdiction over the park or places. The "National Register of Historic Places" is administered by the national parks service, U.S. department of the interior; its website for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html;

(4) Within one hundred feet measured horizontally of the outside right-of-way line of any public road, except:

(a) Where mine access roads or haulage roads join such right-of-way line; or

(b) Where a permit has been issued by the director of transportation, or the board of county commissioners, or the board of township trustees, or such other public authority that is charged by law with the maintenance of the public road subject to the requirements of paragraph (C) of rule 1501:13-3-04 of the Administrative Code and the approval of the chief;

(5) Within three hundred feet measured horizontally of any occupied dwelling unless the owner of the dwelling has provided a written waiver consenting to coal mining operations closer than three hundred feet as provided in paragraph (D) of rule 1501:13-3-04 of the Administrative Code;

(6) Within three hundred feet measured horizontally of any public building, school, church, community or institutional building or public park;

(7) Within one hundred feet measured horizontally of a cemetery. Cemeteries may be relocated if authorized by applicable state law or regulations; or

(8) Within one thousand feet of the normal waterlines of any river dedicated as a component of the scenic rivers program pursuant to sections 1547.81 to 1547.86 of the Revised Code.

(B) Exception for existing operations. The prohibitions and limitations of paragraph (A) of this rule do not apply to coal mining operations for which a valid permit, issued under Chapter 1513. of the Revised Code and these rules, exists when the land comes under the protection of division (D) of section 1513.073 of the Revised Code or this rule. This exception applies only to lands within the permit area as it exists when the land comes under the protection of division (D) of section 1513.073 of the Revised Code or this rule.

(C) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated August 1, 2025 at 12:15 AM

History

• Effective: August 9, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-03

(A) Definition.

(1) For the purposes of this rule, a person "owned or controlled" or "owns or controls" a coal mining operation if, at any time:

(a) The person is the permittee of a coal mining operation;

(b) Based on instruments of legal or equitable ownership or voting securities, the person owns of record in excess of fifty per cent of an entity which conducts coal mining operations; or

(c) The person has any relationship which gives that person authority directly or indirectly to determine the manner in which an applicant, an operator, or other entity conducts coal mining operations.

(2) It will be presumed that a person "owns or controls" or "owned or controlled" a coal mining operation, unless it can be demonstrated that the person does not or did not in fact have the authority directly or indirectly to determine the manner in which the relevant coal mining operation is or was conducted if, at any time:

(a) The person is an officer or a director of an entity which conducts coal mining operations;

(b) The person is the operator of the coal mining operation;

(c) The person has the ability to commit the financial or real property assets or working resources of an entity which conducts coal mining operations;

(d) The person is a general partner in a partnership which conducts coal mining operations;

(e) Based on the instruments of legal or equitable ownership or the voting securities of a corporate entity which conducts coal mining operations, the person owns of record ten through fifty per cent of the entity; or

(f) The person owns or controls coal to be mined by another person under a lease, sublease or other contract; and

(i) Has the right to receive such coal after mining; or

(ii) Has the authority to determine the manner in which another person conducts that coal mining operation.

(B) Identification of interests.

(1) Each application shall contain the names, addresses, and telephone numbers, and either the employer identification numbers or the last four digits of the social security numbers of:

(a) The permit applicant;

(b) The operator, if the operator is a person different from the applicant; and

(c) The person who will pay the abandoned mine land reclamation fee.

(2) For a coal mining operation other than an underground mining operation, each application shall also contain the names and addresses of:

(a) Every legal or equitable owner of record of the property to be mined;

(b) The holders of record of any leasehold interest in the property to be mined; and

(c) Any purchaser of record under a real estate contract of the property to be mined.

(3) For an underground mining operation each application shall also contain the names and addresses of:

(a) Every legal or equitable owner of record of the areas to be affected by surface operations and facilities and every legal or equitable owner of record of the property to be mined;

(b) The holders of record of any leasehold interest in areas to be affected by surface operations or facilities and the holders of record of any leasehold interest in the coal to be mined; and

(c) Any purchaser of record under a real estate contract of areas to be affected by surface operations and facilities and any purchaser of record under a real estate contract of the coal to be mined.

(4) Each application shall contain a statement of whether the applicant is a corporation, partnership, single proprietorship, association or other business entity. Each application other than a single proprietorship shall contain the name, address and telephone numbers of the resident agent of the applicant who will accept service of process.

(5) For each person who owns or controls or owned or controlled the applicant according to paragraph (A) of this rule, the application shall contain the following information:

(a) The person's name and address, and either the last four digits of his or her social security number or his or her employer identification number;

(b) The person's ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure;

(c) The title of the person's position, the date that the position was assumed, and when this information is submitted under paragraph (I) of rule 1501:13-4-06 or paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code and the person is no longer employed in that position, the date of departure from the position;

(d) Each additional name and identifying number, including employer identification number or the last four digits of the social security number, and federal or state permit number and corresponding MSHA number, under which the person owns or controls, or previously owned or controlled, a coal mining and reclamation operation in the United States within the five-year period preceding the date of submission of the application; and

(e) The application number or other identifier of, and the regulatory authority for, any other pending coal mining operation permit application filed by the person in any state in the United States.

(6) If any owner, holder, purchaser, or operator identified under paragraphs (B)(1) to (B)(3) of this rule is a business entity other than a single proprietorship, the application shall contain the names and street addresses of their respective principals, officers, and resident agents.

(7) For any coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in paragraph (A) of this rule, the application shall include the operation's:

(a) Name, address, identifying numbers, including employer identification number, federal or state permit number and corresponding MSHA number, and the regulatory authority; and

(b) Ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure.

(8) Each application shall contain the names and addresses of the owners of record of all surface and subsurface areas contiguous to any part of the proposed permit area.

(9) Each application shall contain the name of the proposed mine and the MSHA identification numbers for all mine-associated structures that require MSHA approval.

(10) Each application shall contain a statement of all lands, interests in lands, options, or pending bids on interests held or made by the applicant for lands which are contiguous to the area to be covered by the permit. If requested by the applicant, any information required by this paragraph which is not on public file pursuant to Ohio law shall be held in confidence by the chief as provided under rule 1501:13-1-10 of the Administrative Code.

(11) After the applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under paragraphs (B)(1), (B)(4), (B)(5), (B)(7), and (J) of this rule.

(12) The applicant shall submit the information required by paragraphs (B) and (C) of this rule on a form prescribed by the chief.

(C) Violation information. Each application shall contain:

(1) A statement of whether the applicant or operator, or any subsidiary, affiliate, or persons controlled by or under common control with the applicant or operator has:

(a) Had a federal or state coal mining permit suspended or revoked during the five-year period preceding the date of submission of the application; or

(b) Forfeited a mining bond, performance security, or similar security deposited in lieu of bond.

(2) If any such suspension, revocation, or forfeiture has occurred, a statement of the facts involved, including:

(a) Identification number of the permit;

(b) Date of suspension, revocation, or forfeiture, and, when applicable, the amount of bond, performance security, or similar security forfeited;

(c) Identification of the regulatory authority that suspended or revoked the permit or forfeited the bond, performance security, or similar security, and the stated reasons for that action;

(d) The current status of the permit, or of the bond, performance security, or similar security involved; and

(e) The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation or forfeiture, and the current status of these proceedings.

(3) The applicant shall submit a listing of:

(a) Each violation notice, as that term is defined in rule 1501:13-1-02 of the Administrative Code, received by the applicant or operator in connection with any coal mining and reclamation operation during the three-year period preceding the date of submission of the application for violations of Chapter 1513. of the Revised Code or these rules, or of any law, rule, or regulation of the United States, or of any state law, rule, or regulation enacted pursuant to federal law, rule, or regulation, pertaining to air or water environmental protection; and

(b) All unabated violation notices received prior to the date of submission of the application incurred in connection with any coal mining and reclamation operation owned or controlled by either the applicant or the operator or by any person who owns or controls the applicant.

(4) For each violation notice reported under paragraph (C)(3)(a) or (C)(3)(b) of this rule, the application shall also contain:

(a) Any identifying numbers for the operation, including the federal or state permit number and associated MSHA number, the date of issuance and identification number of the violation notice, the name of the person to whom the violation notice was issued, and the name of the issuing regulatory authority, department, or agency;

(b) A brief description of the violation alleged in the violation notice;

(c) The date, location, and type of any administrative or judicial proceedings initiated concerning the violation notice, including, but not limited to, proceedings initiated by the applicant to obtain administrative or judicial review of the violations;

(d) The current status of the proceedings and of the violation notice;

(e) If the abatement period for a violation in a notice of violation issued under paragraph (B) of rule 1501:13-14-02 of the Administrative Code, or its equivalent for the federal or another state regulatory program, has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation; and

(f) For all violations not covered under paragraph (C)(4)(e) of this rule, the actions taken to abate or correct the violation.

(5) After the applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under paragraph (C) of this rule.

(D) Right of entry and operation information.

(1) Each application shall contain a notarized statement describing the documents upon which the applicant bases his or her legal right to enter and begin coal mining in the permit area, for surface mining operations, or in the permit and shadow areas, for underground mining operations, and whether that right is the subject of pending litigation. The notarized statement shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.

(2) Each application shall contain a notarized statement identifying the specific land for which the applicant is negotiating to acquire the legal right to enter and begin coal mining in the permit area, for surface mining operations, or in the permit and shadow areas, for underground mining operations, during the term of the permit and, when requested by the chief, signed statements from each landowner and mineral owner granting authorized representatives of the chief a right of entry to, upon, and through the areas of land upon which coal mining and reclamation operations are proposed.

(3) Where the private mineral estate to be mined has been severed from the private surface estate and surface disturbance will result from the applicant's proposed use of a surface mining method, the application shall also provide for lands within the permit area:

(a) A copy of the written consent of the surface owner to the surface disturbance that will result from the extraction of coal by the applicant's proposed surface mining method;

(b) A copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods that cause surface disturbance; or

(c) If the conveyance does not expressly grant the right to extract the coal by surface mining methods that cause disturbance, documentation that under state law, the applicant has the legal authority to extract the coal by those methods.

(4) Nothing in this rule shall be construed to afford the chief the authority to adjudicate property rights disputes.

(E) Relationship to areas designated unsuitable for mining.

(1) Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for coal mining operations under rule 1501:13-3-07 of the Administrative Code or under study for designation in an administrative proceeding under such rule.

(2) If an applicant claims the exemption provided in paragraph (B)(3) of rule 1501:13-3-05 of the Administrative Code, the application shall contain information supporting the applicant's assertion that it made substantial legal and financial commitments before January 4, 1977, concerning the proposed coal mining operations.

(3) If an applicant proposes to conduct coal mining operations within three hundred feet, measured horizontally, of an occupied dwelling, the application shall contain the waiver of the owner of the dwelling as required in paragraph (D) of rule 1501:13-3-04 of the Administrative Code.

(4) If an applicant proposes to conduct coal mining operations within one hundred feet, measured horizontally, of a public road, the application shall contain the road permit as required under paragraph (C) of rule 1501:13-3-04 of the Administrative Code.

(F) Permit term information.

(1) Each application shall state the anticipated or actual starting and termination date of each phase of the coal mining and the anticipated number of acres of land to be affected during the first year of mining and over the total life of the permit.

(2) Each application to conduct an underground mining operation shall also state the horizontal extent of proposed underground mine workings over the total life of the permit.

(3) If an applicant proposes a permit term in excess of five years, the application shall:

(a) Be complete and accurate covering the specified longer term; and

(b) Show that the proposed longer term is reasonably needed to allow the applicant to obtain financing for equipment and for the opening of the operation with the need confirmed, in writing, by the applicant's proposed source of financing.

(G) Identification of location of public office for filing of application. Each application shall identify, by name and address, the public office where the applicant will simultaneously file a copy of the application for public inspection as required by these rules.

(H) Newspaper advertisement and proof of publication. A copy of the newspaper advertisement of the application for a permit or renewal of a permit, or for revision of a permit if notice is required under paragraph (E) of rule 1501:13-4-06 of the Administrative Code, shall be filed with the chief and made a part of the complete application. A proof of publication shall be filed with the chief prior to approval of the permit application.

(I) Facilities or structures used in common.

The plans of a facility or structure that is to be shared by two or more separately permitted mining operations may be included in one permit application and referenced in the other applications. In accordance with Chapter 1501:13-7 of the Administrative Code, each permittee shall provide performance security for the facility or structure unless the permittees sharing it agree to another arrangement for assuming their respective responsibilities. If such agreement is reached, then the application shall include a copy of the agreement between or among the parties setting forth the respective performance security responsibilities of each party for the facility or structure. The agreement shall demonstrate to the satisfaction of the chief that all responsibilities under this chapter for the facility or structure will be met.

(J) Central file for identity information.

(1) The chief shall allow an applicant or permittee to meet the information submittal requirements of paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06, and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code, by submitting the required information to the chief, on a form provided by the chief, with an indication that the information in the form applies to all permits held by the applicant or permittee. The applicant or permittee shall swear or affirm, under oath and in writing, that all information provided pursuant to paragraph (J) of this rule is accurate and complete.

(2) The chief shall establish a central file to house the information submitted pursuant to paragraph (J) of this rule, rather than placing duplicate information in each application file for a permittee. The chief shall make the information in this central file available to the public upon request.

(3) Permittees shall update information in this central file according to the following:

(a) If the information already submitted to the chief under paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06 and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code is accurate and complete, the permittee shall certify to the chief, on a form provided by the chief, by swearing or affirming, under oath and in writing, that the information is accurate, complete, and up to date; or

(b) If part of the information already submitted to the chief under paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06 and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code is missing or incorrect, the permittee shall submit to the chief, on a form provided by the chief, the necessary information or corrections and swear or affirm, under oath and in writing, that the information is accurate and complete.

Last updated June 26, 2025 at 3:22 AM

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-5-02

(A) If the chief has reason to believe that a coal mining and reclamation permit was improvidently issued, the chief shall review the circumstances under which the permit was issued using the criteria in this rule.

(B)

(1) The chief shall make a preliminary finding that a coal mining and reclamation permit was improvidently issued if:

(a) Under the permit eligibility criteria in effect at the time the permit was issued:

(i) The chief should not have issued the permit because of an unabated or uncorrected violation; or

(ii) The permit was issued on the presumption that a violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation; and

(b) The violation:

(i) Remains unabated or uncorrected; and

(ii) Is not the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the regulatory authority, department or agency which has jurisdiction over the violation; and

(c) Through an ownership or control link, the permittee was linked to the violation under the permit eligibility criteria in effect at the time the permit was issued, and the ownership or control link between the permittee and the person responsible for the violation still exists, or, where the link was severed, the permittee continues to be responsible for the violation.

(2) When the chief makes a preliminary finding under paragraph (B)(1) of this rule, the chief shall serve the permittee with a written notice of the preliminary finding, which shall be based on evidence sufficient to establish a prima facie case that the permit was improvidently issued.

(3) Within thirty days of receiving a notice under paragraph (B)(2) of this rule, the permittee may request an informal review of the preliminary finding pursuant to division (A)(3) of section 1513.13 of the Revised Code and may provide evidence to the chief as to why the permit was not improvidently issued under the criteria in paragraph (B)(1) of this rule.

(C) If, in accordance with paragraph (B) of this rule and after considering any evidence submitted under paragraph (B)(3) of this rule, the chief finds that, because of an unabated or uncorrected violation, a permit was improvidently issued, the chief shall use one or more of the following remedial measures:

(1) Implement, with the cooperation of the permittee or other person responsible, and with the cooperation of the agency with jurisdiction over the violation, a plan for the abatement or correction of the violation;

(2) Impose on the permit a condition requiring that in a reasonable period of time the permittee or other person responsible abate or correct the violation;

(3) Suspend the permit pursuant to paragraph (D) of this rule until the violation is abated or corrected; or

(4) Rescind the permit pursuant to paragraph (D) of this rule.

(D)

(1) If, in accordance with paragraph (B) of this rule, the chief finds that a permit was improvidently issued, and if, under paragraph (C)(3) or (C)(4) of this rule, the chief elects to suspend or rescind the permit, the chief shall serve on the permittee notice of proposed suspension and rescission which includes the reasons for the finding and states that in sixty days the permit will be suspended, or in one hundred and twenty days the permit will be rescinded, unless, within either of those periods of time, the permittee submits proof, and the chief finds that:

(a) The chief's finding under paragraph (B) of this rule was erroneous;

(b) The permittee or other person responsible has abated or corrected the violation on which the finding was based to the satisfaction of the agency with jurisdiction over the violation;

(c) The violation is the subject of a good faith administrative or judicial appeal and there does not remain in force an initial judicial decision affirming the violation;

(d) The violation is the subject of an abatement or correction plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the agency with jurisdiction over the violation;

(e) The permittee has severed any ownership or control link with the person responsible for, and does not continue to be responsible for, the violation, and this link was severed subsequent to the chief's finding pursuant to paragraph (B) of this rule; or

(f) The permittee is pursuing a good faith appeal of the relevant ownership or control listing or finding and there does not remain in force an initial judicial decision affirming the listing or finding.

(2) When the chief suspends or rescinds a permit pursuant to this rule, the chief shall:

(a) Immediately order the cessation of coal mining and reclamation operations under the permit; and

(b) Post written notice of the cessation order at the division of mineral resources management district office closest to the permit area.

(3) After permit suspension or rescission, the permittee shall cease all coal mining and reclamation operations under the permit, except for violation abatement or correction and for reclamation and other environmental protection measures as required by the chief.

(E) Any person having an interest that is or may be adversely affected by a decision of the chief made pursuant to this rule may appeal by filing a notice of appeal with the reclamation commission pursuant to section 1513.13 of the Revised Code.

History

• Effective: December 30, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-14

(A) The federal regulation references included in these rules can generally be found in public libraries or electronically at the website govinfo.gov/. The publishing dates for the various parts of the Code of Federal Regulations (C.F.R.) are: Title 7, January 1, 2021; Title 30, July 1, 2020; Title 40, July 1, 2020; Title 43, October 1, 2020.

(1) 7 C.F.R. Part 657;

(2) 30 C.F.R. 77.214, 77.215, 77.216, 77.216(a), 77.216-2(a), and 77.216-3;

(3) 30 C.F.R. 710.12;

(4) 30 C.F.R. Part 761;

(5) 30 C.F.R. 843.11;

(6) 30 C.F.R. Chapter VII, Subchapters D, F, and R;

(7) 40 C.F.R. Parts 122, 123, 136, 260 to 270 and 434;

(8) 43 C.F.R. Parts 3480 to 3487.

(B) The federal law references included in these rules are based on the 2018 edition of the United States Code (U.S.C.), dated January 24, 2020. These federal laws can generally be found in public libraries or electronically at the website govinfo.gov/.

(1) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., as amended;

(2) The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq.;

(3) The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq., as amended;

(4) The Bald and Golden Eagle Protection Act, 16 U.S.C. 668 et seq., as amended;

(5) The Migratory Bird Treaty Act of 1918, 16 U.S.C. 703 et seq., as amended;

(6) Section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq.;

(7) The Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended;

(8) The Occupational Safety and Health Act, 29 U.S.C. 651 et seq., as amended;

(9) The Mine Safety and Health Act, 30 U.S.C. 801 et seq., as amended;

(10) Section 518 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1268;

(11) The Clean Water Act, 33 U.S.C. 1251 et seq.;

(12) Water pollution prevention and control effluent limitations, 33 U.S.C. 1311(p);

(13) Subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(14) Section 3001 of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(15) The Clean Air Act, 42 U.S.C. 7401 et seq.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-04 Exemption for coal extraction incidental to government financed highway or other construction.

(A) Definitions. As used in this rule:

(1) "Extraction of coal as an incidental part" means the extraction of coal which is necessary to enable the construction to be accomplished. For purposes of this rule, only that coal extracted from within the right-of-way and borrow areas, in the case of a road, railroad, utility line or other such construction, or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction. Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction shall be subject to the requirements of Chapter 1513. of the Revised Code.

(2) "Government financing agency" means a federal, state, county, municipal, or local unit of government, or a department, bureau, agency or office of the unit which, directly or through another unit of government, finances construction.

(3) "Government-financed construction" means construction funded fifty per cent or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds, but shall not mean government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent or in-kind payments. Funding at less than fifty per cent may qualify if the project is eligible under section 1513.37 of the Revised Code and the construction is undertaken as an approved reclamation project under section 1513.30 or 1513.37 of the Revised Code.

(B) Any person conducting coal extraction as an incidental part of government-financed construction is responsible for possessing, on the site of the construction operation, the documentation required by paragraphs (E) to (E)(4) of this rule.

(C) Requirements for approved reclamation projects under sections 1513.30 and 1513.37 of the Revised Code with less than fifty per cent government financing.

(1) Determinations. The division of mineral resources management shall determine:

(a) The likelihood of the coal being mined under a permit issued under section 1513.07 of the Revised Code considering the coal reserves from existing mine maps or other sources, the existing environmental conditions, all prior mining activity on or adjacent to the site, current and historic coal production in the area, and any known or anticipated interest in mining the site;

(b) The likelihood that nearby or adjacent mining activities might create new environmental problems or adversely affect existing environmental problems at the site; and

(c) The likelihood that reclamation activities at the site might adversely affect nearby or adjacent mining activities.

(2) Concurrence. The regulatory program coordinator and the abandoned mine lands program coordinator must concur on determinations of the limits on any coal refuse, coal waste, or other coal deposits which can be extracted under this exemption and in the delineation of the boundaries of the AML project.

(3) Documentation. The AML case file must include the determinations made under paragraphs (C)(1) and (C)(2) of this rule, the information taken into account in making these determinations, and the names of the parties making the determinations.

(4) Special requirements. For each exempt project the division must:

(a) Characterize the site in terms of mine drainage, active slides and slide-prone areas, erosion and sedimentation, vegetation, toxic materials, and hydrologic balance;

(b) Ensure that the reclamation project is conducted in accordance with the provisions of the AML program and procedures as approved by the U.S. secretary of interior under 30 C.F.R. Chapter VII, Subchapter R;

(c) Develop site-specific reclamation requirements, including a contract performance bond, when appropriate, in accordance with approved AML procedures; and

(d) Require the contractor conducting the reclamation to provide, prior to the time reclamation begins, applicable documents that clearly authorize the extraction of coal and payment of royalties.

(5) Limitations. If the reclamation contractor extracts coal beyond the limits of the incidental coal specified in paragraph (C)(2) of this rule, the contractor must obtain a permit under section 1513.07 of the Revised Code for such coal.

(D) Applicability.

(1) Coal extraction which is an incidental part of government-financed construction is exempt from Chapter 1513. of the Revised Code.

(2) Any person who conducts or intends to conduct coal extraction which does not satisfy paragraph (D)(1) of this rule shall not proceed until a permit has been obtained from the chief of the division of mineral resources management.

(E) Any person extracting coal incident to government-financed highway or other construction shall maintain, on the site of the extraction operation and available for inspection, documents which show:

(1) A description of the construction project;

(2) The exact location of the construction, right-of-way or the boundaries of the area which will be directly affected by the construction;

(3) The government agency which is providing the financing and the kind and amount of public financing, including the percentage of the entire construction costs represented by the government financing; and

(4) Acres from which coal will be removed.

(F) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-05 Successor division.

Unless expressly provided to the contrary by any rule or any section of the Revised Code, rules contained in rules 1501:13-1-01 to 1501:13-14-06 of the Administrative Code, shall apply to, and be the rules of, any division or other unit of the department of natural resources which, by virtue of a consolidation or reorganization pursuant to section 121.07 of the Revised Code, or by legislative action, shall succeed to the responsibility of the division of mineral resources management to administer and enforce Chapter 1513. of the Revised Code.

History

• Effective: April 15, 2004
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-06

(A) Definitions. For the purposes of this rule:

(1) "Violation" means a violation of any requirement of Chapter 1513. of the Revised Code, rules adopted thereunder, or of any permit condition.

(2) "Failure or refusal" means a failure or refusal to comply with any notice of violation or order of the chief issued under Chapter 1513. of the Revised Code, except that non-payment of civil penalties assessed against a corporate permittee or non-compliance with any order issued by the chief under section 1513.39 of the Revised Code does not constitute a failure or refusal.

(3) "Willfully" means that an individual acted:

(a) Either intentionally, voluntarily or consciously; and

(b) With intentional disregard or plain indifference to legal requirements in authorizing, ordering or carrying out a corporate permittee's action or omission that constituted a violation, failure or refusal.

(B) Except as provided in paragraph (C) of this rule, the chief may assess an individual civil penalty against any corporate director, officer or agent of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violation, failure or refusal.

(C) The chief shall not assess an individual civil penalty in situations resulting from a permit violation by a corporate permittee until a cessation order has been issued by the chief to the corporate permittee for the violation, and the cessation order has remained unabated for thirty days.

(D) Amount of the individual civil penalty.

(1) In determining the amount of an individual civil penalty assessed under paragraph (B) or (C) of this rule, the chief shall consider the criteria specified in division (E)(1) of section 1513.02 of the Revised Code, including:

(a) The individual's history of authorizing, ordering or carrying out previous violations, failures or refusals at the particular coal mining operation;

(b) The seriousness of the violation, failure or refusal, including any irreparable harm to the environment and any hazard to the health or safety of the public; and

(c) The demonstrated good faith of the individual charged in attempting to achieve rapid compliance after receipt of the notice of the violation, failure or refusal.

(2) The penalty shall not exceed five thousand dollars for each violation. Each day of a continuing violation may be deemed a separate violation and the chief may assess a separate individual civil penalty for each day the violation continues, from the date of service of the underlying notice of violation, cessation order or other order incorporating a final decision of the chief, until abatement or compliance is achieved.

(E) Procedure for assessment of the individual civil penalty.

(1) For every imminent harm cessation order or failure-to-abate cessation order issued by the chief in accordance with paragraph (A)(1) or paragraph (A)(3) of rule 1501:13-14-02 of the Administrative Code, the chief shall immediately serve on each individual to be assessed an individual civil penalty, a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order.

(2) The notice of proposed individual civil penalty assessment shall become a final order of the chief thirty days after service upon the individual unless:

(a) The individual files, within thirty days of service of this notice of proposed individual civil penalty assessment, a notice of appeal to the reclamation commission in accordance with section 1513.13 of the Revised Code; or

(b) The chief and the individual or responsible corporate permittee agree, within thirty days of service of the notice of proposed individual civil penalty assessment, to a schedule or plan for the abatement or correction of the violation, failure or refusal.

(3) For purposes of paragraphs (E)(1) to (E)(2)(b) of this rule, service is sufficient if it would satisfy the requirements of paragraph (D) of rule 1501:13-14-02 of the Administrative Code.

(F) If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for review or abatement agreement, the penalty shall be due upon issuance of the final order.

(G) If an individual named in a notice of proposed individual civil penalty assessment files a notice of appeal in accordance with section 1513.13 of the Revised Code, the penalty shall be due upon issuance of a final administrative order affirming, increasing or decreasing the proposed penalty.

(H) Where the chief and the corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated notice of violation or cessation order, an individual named in a notice of proposed individual penalty assessment may postpone payment until receiving either a final order from the chief stating that the penalty is due on the date of such final order, or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn.

(I) Following the expiration of forty-five days after the individual civil penalty is payable, any delinquent penalty shall be certified to the attorney general for collection.

History

• Effective: December 30, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-06 Severability.

The validity of any rule or portion thereof, adopted or amended by the chief of the division of mineral resources management pursuant to Chapter 1513. of the Revised Code shall not be affected by the invalidity of any other rule or portion thereof adopted or amended thereunder by the chief.

History

• Effective: April 15, 2004
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-08 Petitions to initiate rule making.

(A) Any person may petition the chief to initiate a proceeding for the issuance, amendment, or repeal of any rule under Chapter 1513. of the Revised Code. The petition shall be submitted to the chief at the address of "Division of Mineral Resources Management, Ohio Department of Natural Resources, 2045 Morse Road, Building H, Columbus, Ohio 43229."

(B) The petition shall be a concise statement of the facts, technical justification, and law which require issuance, amendment, or repeal of a rule under Chapter 1513. of the Revised Code and shall indicate whether the petitioner desires a public hearing.

(C) Upon receipt of the petition, the chief shall determine if the petition sets forth facts, technical justification and law which may provide a reasonable basis for issuance, amendment or repeal of a rule. Facts, technical justification, or law previously considered in a petition or rule making on the same issue shall not provide a reasonable basis. If the chief determines that the petition has a reasonable basis, a notice shall be published one time in three newspapers published in different counties and of general circulation in the state seeking comments from the public on the proposed change. The chief may hold a public hearing, may conduct an investigation or take other action to determine whether the petition should be granted.

(D) Within ninety days from receipt of the petition, the chief shall issue a written decision either granting or denying the petition.

(1) If the petition is granted, the chief shall initiate a rule making proceeding under Chapter 119. of the Revised Code.

(2) If the petition is denied, the chief shall notify the petitioner in writing, setting forth the reasons for denial.

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-09 Notice of citizen suits.

(A) A person who intends to initiate a civil action on his or her own behalf under division (B) of section 1513.15 of the Revised Code shall give written notice of intent to do so in accordance with this rule.

(B) Notice shall be given by certified mail to the chief and the alleged violator if the complaint alleges a violation of Chapter 1513. of the Revised Code or any rule, order, or permit issued under Chapter 1513. of the Revised Code.

(C) Service of notice under this rule is complete upon mailing to the last known address of the person being notified.

(D) A person giving notice regarding an alleged violation shall state, to the extent known:

(1) Sufficient information to identify the provision of Chapter 1513. of the Revised Code, rule, order, or permit allegedly violated;

(2) The act or omission alleged to constitute a violation;

(3) The name, address, and telephone numbers of the person or persons responsible for the alleged violation;

(4) The date, time, and location of the alleged violation;

(5) The name, address, and telephone number of the person giving notice; and

(6) The name, address, and telephone number of legal counsel, if any, of the person giving notice.

(E) A person giving notice of an alleged failure by the chief to perform a mandatory act or duty under Chapter 1513. of the Revised Code shall state, to the extent known:

(1) The provision of Chapter 1513. of the Revised Code containing the mandatory act or duty allegedly not performed;

(2) Sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under Chapter 1513. of the Revised Code;

(3) The name, address, and telephone number of the person giving notice; and

(4) The name, address, and telephone number of legal counsel, if any, of the person giving notice.

Last updated February 27, 2023 at 9:45 AM

History

• Effective: February 12, 2009
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-10 Availability of records.

(A) The chief shall make available to the public for inspection and copying, at reasonable times, all documents relating to:

(1) Applications for permits, revisions, renewals, and transfers, assignments or sales of permit rights; and

(2) Inspection and enforcement actions.

(B)

(1) Copies of such records, reports, inspection materials or information obtained by the chief shall be made immediately available to the public at the local district offices of the division of mineral resources management closest to the coal mining and reclamation operations until at least five years after expiration of the period during which the subject operation is active or is covered by any portion of a reclamation performance security.

(2) To ensure compliance with paragraph (B)(1) of this rule the chief shall, at the division of mineral resources management district office responsible for inspection of the operation or, if no such office is maintained in the county where the mining is occurring or proposed to occur, at the office of the county recorder of that county or at the county office of the natural resources conservation service of the United States department of agriculture, either:

(a) Make copies of all records, reports, inspection materials, and other subject information available for public inspection; or

(b) Post for public inspection a description of the information available for mailing and a procedure for obtaining such information and, upon request, provide copies of subject information promptly by mail or electronic mail.

(i) If a resident of the area where the mining is occurring or proposed to occur makes a request under paragraph (B)(2)(b) of this rule, the division shall provide copies for no charge.

(ii) If a person other than a resident of the area where the mining is occurring or proposed to occur makes a request under paragraph (B)(2)(b) of this rule, the division shall follow the policy of the department of natural resources in charging for copies.

(C) Records which are confidential and unavailable to the public include:

(1) Information that pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on the components of such coal which are potentially toxic in the environment;

(2) Preparatory materials relating to hearings and enforcement proceedings which are investigative in nature, and information provided by an information source or witness to whom confidentiality has been promised;

(3) Information submitted to the chief if the person submitting it requests in writing at the time of submission that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information relating to the competitive rights of persons intending to conduct coal exploration; and

(4) Information on the nature and location of archeological resources as required under the Archeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq., as amended.

(D) Except as otherwise limited by paragraph (C)(1) of this rule, information pertaining to coal seams, test borings, core samplings or soil samples in an application shall be made available to any person with an interest which is or may be adversely affected.

(E) The availability of other records or documents in the possession of the chief is subject to section 149.43 of the Revised Code, Chapter 1347. of the Revised Code, and other state and federal laws as may be applicable.

(F) The chief shall provide for procedures, including notice and opportunity to be heard for persons both seeking and opposing disclosure, to maintain information required to be kept confidential under this rule separately from other portions of the permit application. This information shall be clearly identified by the applicant and submitted separately from other portions of the application.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-11 Computation of time.

(A) Except as otherwise provided, computation of time under these rules is based on calendar days.

(B) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.

(C) Intermediate Saturdays, Sundays, and legal holidays are excluded from the computation when the period of prescribed time is seven days or less.

Last updated February 27, 2023 at 9:45 AM

History

• Effective: February 12, 2009
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-12 Public notice of hearing to adopt, amend, or rescind rules.

Public notice of a hearing on the adoption, amendment, or rescission of a rule, to be conducted by the division of mineral resources management, department of natural resources, state of Ohio, shall be given in the register of Ohio as required by Chapter 119. of the Revised Code. The website for the register of Ohio is www.registerofohio.state.oh.us. Said notice shall be given at least thirty days prior to the hearing. The notice shall: state the division's intention to consider adopting, amending, or rescinding a rule; include a synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which such proposed rule, amendment or rescission relates; state the reason or purpose for adopting, amending, or rescinding the rule; and enumerate the date, time and place of the hearing on the proposed action which shall not be earlier than the thirty-first nor later than the fortieth day after the proposed rule, amendment, or rescission is filed. The notice shall also state the place from which a copy of the proposed rule, amendment, or rule to be rescinded may be obtained. The chief shall provide a copy of the public notice to anyone who requests it and pays a reasonable fee, not to exceed the cost of copying and mailing.

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-04

(A) General requirements.

(1) This rule shall apply only to coal mining operations other than underground mining operations.

(2)

(a) Each application shall describe and identify the nature of cultural, historic and archeological resources listed or eligible for listing on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, and known archeological sites within the proposed permit and adjacent areas. The description shall be based on all available information, including, but not limited to, information from the state historic preservation officer and from local archeological, historical, and cultural preservation agencies. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(b) The chief may require the applicant to identify and evaluate important historic and archeological resources that may be eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of this rule, through:

(i) Collection of additional information;

(ii) Conduct of field investigations; or

(iii) Other appropriate analyses.

(3) Each application shall describe and identify the lands subject to coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought.

(B) Description of hydrology and geology; general requirements.

Each application shall contain a description of surface and ground water within the general area, and any water which will flow into or receive discharges of water from the permit area. The description shall be prepared in the manner required by paragraphs (B) to (G) of this rule, and conform to the following:

(1) Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the general area shall be provided by the chief, to the extent that this data is available from an appropriate federal or state agency.

(2) If this information is not available from those agencies, the applicant may gather and submit this information to the chief as part of the permit application.

(3) The permit shall not be approved by the chief until this information is made available in the application.

(C) Geology description.

(1) Each application shall include geologic information in sufficient detail to assist in determining:

(a) The probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface and groundwater monitoring is necessary.

(b) All potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined; and

(c) Whether reclamation as required by these rules can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

(2)

(a) The description shall include a general statement of the geology within the proposed permit area and adjacent areas down to and including the deeper of either the first stratum below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely affected by mining. It shall also include the areal and structural geology of the permit and adjacent areas, and the other parameters which influence the required reclamation, and shall show how the areal and structural geology may affect the occurrence, availability, movement, quantity, and quality of potentially affected surface and ground waters. It shall be based on:

(i) The cross sections, maps and plans required by paragraph (B) of rule 1501:13-4-08 of the Administrative Code;

(ii) The information obtained under paragraph (C)(3) of this rule; and

(iii) Geologic literature and practices.

(b) Each application for a permit shall contain the results of tests conducted on the area of land to be mined. Unless the chief first approves a fewer number of test holes, such tests shall consist of test holes made by the boring or drilling method and be conducted at the rate of one test hole for each twenty-five acres of land or fraction thereof, which is underlain by coal on the area of land to be mined. At least one test hole shall be located on the highest elevation in the area of land to be mined. Holes shall be located as far apart as the size and shape of the area of land to be mined will allow. Such holes shall be drilled to the bottom of the material underlying the lowest coal seam to be mined and shall be staked or otherwise marked at the time of filing the application for a permit so as to be clearly visible at the approximate location, and shall be numbered. Such stakes or other markers shall be maintained until the permit to conduct a coal mining operation is granted or denied.

(3) Test borings or core samples.

(a) Test borings or core samples from the proposed permit area shall be collected and analyzed down to and including the stratum immediately below the lowest coal seam to be mined. Individual drilling reports shall be furnished for each test boring or core sampling and shall contain the following information on forms prescribed by the chief:

(i) Location of subsurface water, if encountered;

(ii) Lithologic characteristics including physical properties and thickness of each stratum and each coal seam;

(iii) Chemical analyses to include pH, neutralization potential, potential acidity, total or pyritic sulfur, and calcium carbonate deficiency of each stratum;

(iv) Analyses of the coal seam for acid-forming or toxic-forming materials, including, but not limited to, an analysis of the total sulfur and the sulfur present in pyrite and marcasite;

(v) Identification of the test hole by the number assigned in paragraph (C)(2)(b) of this rule; and

(vi) Identification of all coal seams by name and number.

(b) To verify the results of the applicant's tests, the chief may, prior to approval of the application, require the applicant to drill additional test holes and provide the information required in paragraph (C)(3)(a) of this rule.

(c) If more precise information than can be provided by drilling techniques is warranted by potentially adverse site conditions, the chief may require that the test hole information required in paragraph (C)(3) of this rule be obtained by core drilling.

(4) Prior to submission of an application, an applicant may request that the requirements of paragraphs (C)(2)(b) and (C)(3)(a) of this rule be waived by the chief. The waiver may be granted only if the chief makes a written determination that the statement required is unnecessary because other equivalent information is accessible to him or her in a satisfactory form. If the chief grants a waiver the waiver shall be submitted with the permit application.

(D) Ground water information.

(1) The application shall contain a description of the ground water hydrology for the proposed permit and adjacent areas, including, at a minimum:

(a) The depth below the surface and the horizontal extent of the water table and aquifers;

(b) The lithology and thickness of the aquifers;

(c) Known uses of the water in the aquifers and water table;

(d) The quality of subsurface water, if encountered;

(e) The depth to the water in the coal seam if the seam is a water-bearing stratum, and each water-bearing stratum above and potentially affected water-bearing stratum below the coal seam; and

(f) The approximate rate of discharge or usage of the water.

(2) The application shall contain a water supply inventory to include, at a minimum:

(a) A list of existing water wells on the proposed permit and adjacent areas to describe the quality and quantity of the ground water to include:

(i) Identification number of the well;

(ii) Surface elevation of the well;

(iii) Depth of the well in feet below the land surface;

(iv) Static water level of the well in feet below the land surface;

(v) The lithology of the aquifer in which each well is developed; and

(vi) Name of owner of the well;

(b) A list of existing springs on the proposed permit and adjacent areas to include:

(i) Identification number of the spring;

(ii) Name of owner of any spring that is developed for use as a water supply;

(iii) The surface elevation of the spring; and

(iv) The aquifer each spring flows from; and

(c) A list of the location and type of any public water supply sources on the permit and adjacent areas.

(3) Where information required in the water supply inventory of paragraph (D)(2) of this rule is unobtainable, a statement to that effect shall be made, giving the reasons therefor.

(4) The application shall contain the results of water quality analyses and measurements of static water level or discharge, conducted on at least ten (or all if less than ten) of the wells and springs on the permit and adjacent areas or twenty-five per cent of such wells and springs, whichever number is greater.

(a) Wells and springs chosen for analysis and measurement shall, as a group, represent all known aquifers present in the permit and adjacent areas and shall, wherever possible, be those nearest to or on the permit area.

(b) Sampling for water quality analysis shall be conducted at a minimum one time prior to submission of an application for a permit.

(c) The measurement of static water level or discharge shall be conducted for each well and spring identified in paragraph (D)(4) of this rule at a minimum one time prior to submission of an application for a permit.

(d) Water samples collected at the sites prescribed in paragraph (D)(4) of this rule shall be analyzed for the following parameters according to the methodology specified in 40 C.F.R. parts 136 and 434:

(i) pH in standard units;

(ii) Total acidity in milligrams per liter of CaCO₃;

(iii) Total alkalinity in milligrams per liter of CaCO₃;

(iv) Total manganese in milligrams per liter;

(v) Total iron in milligrams per liter;

(vi) Total hardness in milligrams per liter of CaCO₃;

(vii) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(viii) Total aluminum in milligrams per liter;

(ix) Total sulfates in milligrams per liter; and

(x) Other such information as the chief determines relevant.

(e) The results of water quality analyses and measurements prescribed in paragraph (D) of this rule shall be reported on a form to be provided by the chief.

(5) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D)(7) of this rule shall be submitted with an application for a permit.

(6) Identifying seasonal variations for ground water and surface water. For each application, the applicant shall submit three water samples from each required sampling site designated pursuant to paragraphs (D)(4) and (E)(1) of this rule. One sample shall be from the low flow period, one sample from the high flow period, and one sample from either of the intermediate flow periods, as established in the following table:

Flow Periods and Duration of Flow Periods

| Low Flow | August 16 to October 31 | | --- | --- | | Transition Flow | November 1 to November 15 | | Intermediate Flow | November 16 to January 31 | | Transition Flow | February 1 to February 14 | | High Flow | February 15 to April 30 | | Transition Flow | May 1 to May 15 | | Intermediate Flow | May 16 to July 31 | | Transition Flow | August 1 to August 15 |

(a) For samples submitted to meet the seasonal variations requirements, the period between consecutive samples shall be at least thirty days, but not more than eighteen months, and no sample shall be collected more than thirty-six months before the date of submission of the application to the chief. A sample that exceeds the eighteen month or thirty-six month time limit of this paragraph may be acceptable if the applicant submits the following information with the sample:

(i) The date and sampling site of the sample; and

(ii) A description of all land disturbance activities that existed at the time of the sample date or that have occurred since the sample date within the local watershed that could affect the quality and quantity of the surface water or ground water. The description shall include, but is not limited to, land disturbances such as mining operations, highway construction, cut and fill operations, building construction, and dam construction or demolition.

(iii) A sample that exceeds the eighteen month or thirty-six month time limit is acceptable only if the chief determines that it is still representative of the quality and quantity of the surface water or ground water at the time of submission of the application.

(b) The applicant is not required to collect samples from consecutive flow periods.

(c) The applicant may record a low flow sample as "no flow" if the applicant documents that the applicant made at least two attempts, at least thirty days apart, to collect a flow at that site during the low flow period.

(d) Transition flow periods. A sample obtained during a transition flow period may be used for either the preceding or succeeding flow period if the following conditions are met:

(i) The applicant submits documentation showing that the sample from the transition period accurately reflects the flow period for which the sample is submitted and the chief agrees with this assessment;

(ii) The sample obtained during a transition period is not used for both the preceding and succeeding flow periods;

(iii) At least one of the three required samples is obtained during a flow period other than a transition period; and

(iv) The applicant submits precipitation data for the local watershed for the thirty days prior to the sample date.

(e) Substitute sampling site for one sample. The applicant may request, in writing, that a sample obtained from a site other than a designated sampling site be substituted for one of the three designated site samples. A sample from a substitute site shall not be used as the earliest of the three samples from a designated sampling site. The chief shall review this request and determine whether the substitute sampling site and the data collected from the site are acceptable. In making the request, the applicant shall:

(i) Describe how the substitute sampling site adequately represents the original sampling site;

(ii) Demonstrate that the substitute sampling site is located in the same aquifer as the original sampling site;

(iii) Demonstrate that the geology of the groundwater recharge area of the substitute site, as well as the surface disturbance of the recharge area of the substitute site, are similar to that of the original site;

(iv) Demonstrate that the substitute sampling site represents and performs the same function as the original site;

(v) Demonstrate that the analysis of the water quality and quantity data from the substitute site accurately represents the quality and quantity of the water at the original site and explain any anomalies in water quality or quantity at the substitute site;

(vi) Demonstrate that the flow obtained at the substitute site was obtained during the flow period missed at the original site;

(vii) Include precipitation data for the thirty days prior to the sample date at the substitute site;

(viii) Provide a description of the location of the substitute sampling site relative to the original sampling location. The description shall include bearing and distance measurements from the original sampling location to the substitute sampling location; and

(ix) Submit additional information if required by the chief to support the use of a substitute sample.

(f) The applicant may submit additional samples and other data related to seasonal variations beyond that submitted to meet the minimum requirements of paragraph (D)(6) of this rule.

(7) Water quality and quantity data collected and described other than as required by paragraph (D)(6) of this rule may be submitted to identify seasonal variations in ground water and surface water, provided the chief determines that the alternative data are sufficient to identify seasonal variations needed for the hydrologic assessments required by Chapter 1513. of the Revised Code and the rules adopted thereunder.

(E) Surface-water information.

(1) Within the proposed permit and adjacent areas, all surface-water bodies such as streams, lakes and impoundments and all discharges from the permit area into surface-water bodies shall be described and sampled for analysis under paragraph (E) of this rule. The description shall include the name of any watershed that will receive water discharges, the name, ownership and location of all surface-water bodies and the known uses of the water in these water bodies.

(2) Water samples collected under paragraph (E) of this rule shall be analyzed according to the methodology specified in 40 C.F.R. parts 136 and 434. Surface water information shall include the following water quality data to identify the characteristics of surface waters within the proposed permit and adjacent areas:

(a) Total suspended solids in milligrams per liter;

(b) Total acidity in milligrams per liter of CaCO₃;

(c) Total alkalinity in milligrams per liter of CaCO₃;

(d) pH in standard units;

(e) Total iron in milligrams per liter;

(f) Total manganese in milligrams per liter;

(g) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(h) Total aluminum in milligrams per liter;

(i) Total sulfates in milligrams per liter; and

(j) Other such information as the chief determines relevant.

(3) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D)(7) of this rule shall be submitted with an application for a permit.

(4) The results of water quality analyses and measurements prescribed in paragraph (E) of this rule shall be reported on a form to be provided by the chief.

(F) Alternative water supply information. The application shall identify the extent to which the proposed coal mining operations may proximately result in contamination, diminution, or interruption of an underground or surface source of water that is for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the description shall contain information on water availability and alternative sources of water, including the suitability of alternative water sources for existing premining uses and approved post-mining land uses.

(G) Supplemental information. If the determination of the probable hydrologic consequences required by paragraph (E)(2) of rule 1501:13-4-05 of the Administrative Code indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under paragraphs (D) and (E) of this rule shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analyses of other water quality or quantity characteristics.

(H) Climatological information.

(1) When required by the chief, the application shall contain a statement of the climatological factors that are representative of the proposed permit area, including:

(a) The average seasonal precipitation;

(b) The average direction and velocity of prevailing winds; and

(c) Seasonal temperature ranges.

(2) The chief may request such additional data as deemed necessary to ensure compliance with the requirements of these rules.

(I) Land-use information.

(1) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:

(a) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.

(b) A narrative of the land capability and productivity, which analyzes the land use described under paragraph (I)(1)(a) of this rule in conjunction with other environmental resources information required under these rules. The narrative shall provide analyses of:

(i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area; and

(ii) The productivity of the proposed permit area before mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage, or wood products from the land obtained under high level of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States department of agriculture, state agricultural universities, or appropriate state natural resources or agricultural agencies.

(2) The application shall state whether the proposed permit area has been previously mined, and if so, the following information, if available:

(a) The type of mining method used;

(b) The coal seams or other mineral strata mined;

(c) The extent of coal or other minerals removed;

(d) The approximate dates of past mining; and

(e) The uses of the land preceding mining.

(3) The application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed permit and adjacent areas.

(J) Prime farmland investigation.

(1) The applicant shall conduct a pre-application investigation of the proposed permit area to determine whether lands within the area may be prime farmland. The chief, in consultation with the U.S. natural resources conservation service, shall determine the nature and extent of this investigation.

(2) Land shall not be considered prime farmland if the applicant can demonstrate that:

(a) The land has not been historically used for cropland; or

(b) On the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the U.S. natural resources conservation service.

(3) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of paragraph (J)(2) of this rule.

(4) If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the U.S. natural resources conservation service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed permit area, the applicant shall cause a survey to be made that is of the detail of a second order soil survey used by the U.S. natural resources conservation service for operational conservation planning. This survey shall be used to identify and locate prime farmland soils.

(a) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have been designated as prime farmlands, the applicant shall submit an application, in accordance with the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code, for such designated land.

(b) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have not been designated as prime farmland after review by the U.S. natural resources conservation service, the applicant shall submit a request for negative determination for non-designated land with the permit application establishing compliance with paragraph (J)(2) of this rule.

(K) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated July 10, 2025 at 11:46 PM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Chapter 1501:13-3 Prohibited or Limited Areas for Mining

Ohio Adm.Code 1501:13-3-01 Standards for demonstration of valid existing rights.

(A) Except as provided in paragraph (B) of this rule, a person claiming valid existing rights must demonstrate both of the following:

(1) A property rights demonstration showing that, at the time the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, a legally binding conveyance, lease, deed, contract, or other document vests that person, or a predecessor in interest, with the right to conduct the type of coal mining operations intended; and

(2) Compliance with one of the following standards:

(a) Good faith/all permits standard. All permits and other authorizations required to conduct coal mining operations had been obtained, or a good faith effort to obtain all necessary permits and authorizations had been made, before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code. At a minimum, an application must have been submitted for any permit required under Chapter 1513. of the Revised Code; or

(b) Needed for and adjacent standard. The land is needed for and immediately adjacent to a coal mining operation for which all permits and other authorizations required to conduct coal mining operations had been obtained, or a good faith attempt to obtain all permits and authorizations had been made, before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code. To meet this standard, the person claiming valid existing rights shall demonstrate that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code. Except for operations in existence before August 3, 1977, or for which a good faith effort to obtain all necessary permits had been made before August 3, 1977, this standard does not apply to lands already under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code when the chief approved the permit for the original operation or when the good faith effort to obtain all necessary permits for the original operation was made. In evaluating whether a person meets this standard, the chief may consider factors such as:

(i) The extent to which coal supply contracts or other legal and business commitments that predate the time the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code depend upon use of that land for coal mining operations;

(ii) The extent to which plans used to obtain financing for the operation before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code rely upon use of that land for coal mining operations;

(iii) The extent to which investments in the operation before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code rely upon use of that land for coal mining operations; and

(iv) Whether the land lies within the area identified on the life-of-mine map submitted under paragraph (A)(29) of rule 1501:13-4-08 or paragraph (A)(22) of rule 1501:13-4-08.1 of the Administrative Code before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code.

(B) A person who claims valid existing rights to use or construct a road across the surface of lands protected by division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code shall demonstrate that one or more of the following circumstances exist if the road is included within the definition of coal mining operation of rule 1501:13-1-02 of the Administrative Code:

(1) The road existed when the land upon which it is located came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, and the person has a legal right to use the road for coal mining operations;

(2) A properly recorded right of way or easement for a road in that location existed when the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, and, under the document creating the right of way or easement, and under subsequent conveyances, the person has legal right to use or construct a road across the right of way or easement for coal mining operations;

(3) A valid permit for use or construction of a road in that location for coal mining operations existed when the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code; or

(4) Valid existing rights exist under paragraph (A) of this rule.

(C) Possession of valid existing rights under this rule only confers an exception from the prohibitions of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code. A person seeking to exercise valid existing rights shall comply with all other pertinent requirements of Chapter 1513. of the Revised Code and these rules.

Last updated February 27, 2023 at 9:46 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-03

(A) Subject to valid existing rights and qualification for the exception for existing operations under paragraph (B) of this rule, no coal mining operations shall be conducted:

(1) On any lands within the boundaries of the national park system, the national wildlife refuge system, the national system of trails, the national wilderness preservation system, the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276 (a)) or study rivers or study river corridors as established in any guidelines pursuant to that act, national recreation areas designated by act of congress, or any nature preserve dedicated pursuant to Chapter 1517. of the Revised Code;

(2) On any federal lands within the boundaries of any national forest unless approval is granted by the United States secretary of interior;

(3) On any lands on which mining will adversely affect any publicly owned park or any places included on the "National Register of Historic Places," unless approved jointly by the chief and the federal, state, or local agency with jurisdiction over the park or places. The "National Register of Historic Places" is administered by the national parks service, U.S. department of the interior; its website for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html;

(4) Within one hundred feet measured horizontally of the outside right-of-way line of any public road, except:

(a) Where mine access roads or haulage roads join such right-of-way line; or

(b) Where a permit has been issued by the director of transportation, or the board of county commissioners, or the board of township trustees, or such other public authority that is charged by law with the maintenance of the public road subject to the requirements of paragraph (C) of rule 1501:13-3-04 of the Administrative Code and the approval of the chief;

(5) Within three hundred feet measured horizontally of any occupied dwelling unless the owner of the dwelling has provided a written waiver consenting to coal mining operations closer than three hundred feet as provided in paragraph (D) of rule 1501:13-3-04 of the Administrative Code;

(6) Within three hundred feet measured horizontally of any public building, school, church, community or institutional building or public park;

(7) Within one hundred feet measured horizontally of a cemetery. Cemeteries may be relocated if authorized by applicable state law or regulations; or

(8) Within one thousand feet of the normal waterlines of any river dedicated as a component of the scenic rivers program pursuant to sections 1547.81 to 1547.86 of the Revised Code.

(B) Exception for existing operations. The prohibitions and limitations of paragraph (A) of this rule do not apply to coal mining operations for which a valid permit, issued under Chapter 1513. of the Revised Code and these rules, exists when the land comes under the protection of division (D) of section 1513.073 of the Revised Code or this rule. This exception applies only to lands within the permit area as it exists when the land comes under the protection of division (D) of section 1513.073 of the Revised Code or this rule.

(C) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated August 1, 2025 at 12:15 AM

History

• Effective: August 9, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-08

This rule applies to coal mining operations, including underground mining surface operations, but does not apply to underground workings.

(A) Application map. The permit application shall include an application map prepared by or under the direction of and certified by a surveyor or jointly by a an engineer and a surveyor, to the extent such joint certification is required by state law, showing:

(1) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the proposed permit area; noting the boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin coal mining operations and which areas the applicant does not yet have this right;

(2) The location of all buildings on and within one thousand feet of the proposed permit area, with identification of the current use of the buildings using the map symbols set forth in rule 1501:13-4-10 of the Administrative Code;

(3) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area;

(4) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the chief, those surface waters which will receive discharges from affected areas in the proposed permit area and the location of any discharges to any surface body of water on or adjacent to the land to be affected;

(5) Each public road located in or within one hundred feet of the proposed permit area;

(6) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of rule 1501:13-4-04 of the Administrative Code, and known archeological sites within the proposed permit and adjacent areas;

(7) Each cemetery that is located in or within one hundred feet of the proposed permit area;

(8) Any land within the proposed permit area or adjacent area which is within the boundaries of any units of the national system of trails or the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., or study rivers or study river corridors as established in any guidelines pursuant to that act;

(9) The boundaries and names of counties, municipal corporations, townships, section and lot lines located in and within five hundred feet of the proposed permit area;

(10) The names, locations, and directions of flow of all perennial and intermittent streams located in and within five hundred feet of the proposed permit area;

(11) The name of the drainage basin in which the proposed permit area is located as listed in the "Gazetteer of Ohio Streams," published by the Ohio department of natural resources;

(12) That part of the proposed permit area that is prime farmland;

(13) The areas of land within the proposed permit area on which steep slope mining, mountaintop removal, and augering will be performed;

(14) The drainage control system within the proposed permit area to include the location of:

(a) Each sediment pond and the pond identification number;

(b) Any diversions; and

(c) Any treatment facilities;

(15) All haul roads and access roads proposed to be constructed within the proposed permit area in conjunction with the operations, and all existing haul roads and access roads within the proposed permit area to be used in conjunction with the operation;

(16) The location of the proposed final highwall for each coal seam to be mined within the proposed permit area;

(17) The point at which mining operations will begin and the point at which mining operations will end on the proposed permit area;

(18) Elevations and locations of test borings and core samplings;

(19) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

(20) All coal crop lines and the strike and dip of the coal to be mined in the proposed permit area;

(21) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface, within the proposed permit and adjacent areas;

(22) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas;

(23) Location and extent of existing or previously surface-mined areas within the proposed permit area;

(24) Location and extent of existing areas of spoil, waste, and refuse, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area;

(25) Location of gas and oil wells in and within twenty-five feet of the proposed permit area and the location of producing gas and oil wells in and within three hundred feet of the proposed permit area;

(26) Location of water wells in and within one thousand feet of the proposed permit area;

(27) The location and start and end points of all submitted cross sections within the proposed permit area;

(28) Sufficient slope measurements, in degrees, to adequately represent the existing land surface configuration of the proposed permit area;

(29) The boundaries of all areas proposed to be affected over the estimated total life of the proposed mining operation, with a description of size, sequence, and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;

(30) Buildings, utility corridors within the proposed permit area;

(31) Each coal storage, cleaning and loading area within the proposed permit area;

(32) Each topsoil, spoil, coal waste, and noncoal waste storage area within the proposed permit area;

(33) Each air pollution collection and control facility within the proposed permit area;

(34) Each facility to be used to protect and enhance fish and wildlife and related environmental values within the proposed permit area;

(35) Each explosive storage and handling facility within the proposed permit area;

(36) The location of each facility that will remain on the proposed permit area as a permanent feature after the completion of mining operations;

(37) The location of each water monitoring point within the proposed permit area;

(38) For underground mining surface operations, the location of each subsidence monitoring point within the proposed permit area; and

(39) Other relevant information required by the chief.

(B) Supplementary maps, cross sections, designs and plans. When necessary under these rules, the application shall include:

(1) Designs and plans prepared and certified by an engineer for the following:

(a) Sedimentation ponds, impoundments, coal mine waste banks, and coal mine waste dams;

(b) Spoil disposal facilities;

(c) The sealing or managing of any mine openings within the proposed permit area;

(d) Stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code; and

(e) Road stream crossings, bridges, culverts, drainages, ditches, drainage structures, road cuts, and fill embankments.

(2) Supplementary maps and cross sections, prepared by or under the direction of and certified by an engineer or jointly by an engineer and a surveyor to the extent such joint certification is required by state law, showing:

(a) Each sedimentation pond, permanent water impoundment, coal mine waste bank and coal mine waste dam;

(b) The fill area for the disposal of excess spoil;

(c) The nature, depth, and thickness of the coal seams to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;

(d) The permit area, the original surface topography and the proposed final surface contour;

(e) The location of the proposed final highwall;

(f) The location of each waste disposal facility relating to coal processing or pollution control;

(g) The location of any mine openings within the proposed permit area;

(h) Stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code; and

(i) Road widths, road gradients, road surfaces, road cuts, fill embankments, culverts, bridges, drainages, ditches, and drainage structures.

(C) Hydrologic map. Each application for a permit shall include a hydrologic map which, in addition to the applicable requirements of rules 1501:13-4-09 and 1501:13-4-10 of the Administrative Code, shall be at a scale of not more than five hundred feet to the inch. The hydrologic map shall be certified by a surveyor and, if required pursuant to paragraph (C) of rule 1501:13-4-09 of the Administrative Code, by an engineer. Except as provided in paragraph (D) of this rule, all hydrologic maps shall show the following:

(1) The proposed permit area;

(2) A line identifying the area within one thousand feet of the proposed permit area;

(3) All occupied buildings on or within one thousand feet of the proposed permit area;

(4) All perennial and intermittent streams on or within one thousand feet of the proposed permit area;

(5) The location of the coal outcrop on the proposed permit area and the name and number of each coal seam to be mined;

(6) The location of each cross-section drawn to show hydrogeologic information as required under paragraph (F) of this rule;

(7) The location and type of water supply used by the occupant of each building described in paragraph (C)(3) of this rule for the purpose of domestic, agricultural, or industrial use;

(8) All springs on or within one thousand feet of the proposed permit area;

(9) All seepage zones on and within one thousand feet of the proposed permit area;

(10) The location of sampling stations on each stream identified in paragraph (C)(4) of this rule at points just above and below the proposed permit area and the location and elevation of other sampling stations used to gather data on water quality and quantity in the preparation of the permit application;

(11) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface, within the proposed permit and adjacent areas;

(12) The location of monitoring stations, other than sediment pond outlets, to be monitored during the life of the permit;

(13) All existing water wells on or within one thousand feet of the proposed permit area;

(14) Any well, well field, reservoir, river, or other water source used for a public water supply on or within one thousand feet of the proposed permit area; and

(15) Any land determined to be eligible for remining.

(D)

(1) For the items listed in paragraphs (C)(3), (C)(4), and (C)(7) to (C)(14) of this rule, the chief may require additional information outside the thousand-foot limit to be shown on the hydrologic map if such identification is necessary based on site-specific conditions.

(2) The items listed in paragraphs (C)(3), (C)(7), (C)(8), (C)(9), (C)(10), (C)(11) and (C)(13) of this rule need not be shown on the hydrologic map when:

(a) They are located beyond an intermittent or perennial stream located within one thousand feet of the proposed permit area; and

(b) The lowest coal seam to be mined is at a higher elevation than such intermittent or perennial stream.

(E) The map symbols used to identify the items described in paragraphs (C)(8) to (C)(14) of this rule shall be highlighted in red on all hydrologic maps.

(F) Hydrologic cross-section. Each application for a permit shall include one or more cross-sections prepared by, or under the direction of, an engineer or a professional geologist showing:

(1) The location and extent of subsurface water, if encountered, within the proposed permit or adjacent areas;

(2) All wells, boreholes, piezometers, springs, or other features used to determine the configuration of the water table or potentiometric surface of each aquifer where such wells, boreholes, piezometers, springs, or other items fall on or reasonably close to the line of the cross-section;

(3) Within the permit and adjacent areas, all aquifers and the water table or potentiometric surface of each aquifer above the lowest coal seam to be mined and within the lowest coal seam to be mined if that seam is a water bearing stratum, and each potentially affected water bearing stratum below the lowest coal seam to be mined; and

(4) All coal seams to be mined.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated July 11, 2025 at 4:28 PM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-08.1

This rule applies only to underground workings.

(A) Application map. The permit application shall include an application map prepared by or under the direction of and certified by a surveyor or jointly by an engineer and a surveyor, to the extent such certification is required by state law, showing:

(1) All boundaries of land and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the proposed shadow area; noting the boundaries of land within the proposed shadow area upon which the applicant has the legal right to enter and begin coal mining operations and which areas the applicant does not yet have this right;

(2) The location of all buildings on and within one thousand feet of the proposed shadow area for full coal recovery mining operations and on and within three hundred feet of the proposed shadow area for room and pillar mining operations, with identification of the current use of the buildings using the map symbols set forth in rule 1501:13-4-10 of the Administrative Code;

(3) The location of surface and subsurface man-made features within, passing through, or passing over the proposed shadow and adjacent areas;

(4) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the chief, those surface waters which will receive discharges from the proposed shadow area and the location of any discharges to any surface body of water on or adjacent to the proposed shadow area;

(5) Each public road located within the proposed shadow and adjacent areas;

(6) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of rule 1501:13-4-13 of the Administrative Code, and known archeological sites within the proposed shadow and adjacent areas;

(7) Each cemetery that is located within the proposed shadow and adjacent areas;

(8) Any land within the proposed shadow area or adjacent area which is within the boundaries of any units of the national system of trails or the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., or study rivers or study river corridors as established in any guidelines pursuant to that act;

(9) The boundaries and names of counties, municipal corporations, townships, section and lot lines located in and within five hundred feet of the proposed shadow area;

(10) The names, locations, and directions of flow of all perennial and intermittent streams located in and within five hundred feet of the proposed shadow area;

(11) The name of the drainage basin in which the proposed shadow area is located as listed in the "Gazetteer of Ohio Streams," published by the Ohio department of natural resources;

(12) Elevations and locations of test borings and core samplings;

(13) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

(14) All coal contour lines and the strike and dip of the coal to be mined in the proposed shadow area;

(15) Location and extent of known workings of active, inactive or abandoned underground mines, including mine openings to the surface, within the proposed shadow and adjacent areas;

(16) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed shadow and adjacent areas;

(17) Location and extent of existing or previously surface-mined areas within the proposed shadow and adjacent areas;

(18) Location and extent of existing areas of waste, refuse, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed shadow and adjacent areas;

(19) Location of gas and oil wells in and within twenty-five feet of the proposed shadow area and the location of producing gas and oil wells in and within three hundred feet of the proposed shadow area;

(20) Location of water wells in the proposed shadow and adjacent areas;

(21) The location and start and end points of all submitted cross sections within the proposed shadow area;

(22) The boundaries of all areas proposed to be affected over the estimated total life of the proposed mining operation, with a description of size, sequence, and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;

(23) Buildings, utility corridors within the proposed shadow and adjacent areas;

(24) The location of each water monitoring point within the proposed shadow and adjacent areas;

(25) The location of each subsidence monitoring point within the proposed shadow area; and

(26) Other relevant information required by the chief.

(B) Supplementary maps and cross sections, designs and plans. When necessary under these rules, the application shall include:

(1) Supplementary maps and cross sections, prepared by or under the direction of and certified by an engineer or jointly by an engineer and a surveyor to the extent such joint certification is required by state law, showing the nature, depth, and thickness of the coal seams to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined; and

(2) Other relevant supplementary maps, cross sections, designs and plans required by the chief.

(C) Hydrologic map. Each application for a permit shall include a hydrologic map which, in addition to the applicable requirements of rules 1501:13-4-09 and 1501:13-4-10 of the Administrative Code, shall be at a scale of not more than five hundred feet to the inch. The hydrologic map shall be certified by a surveyor and, if required pursuant to paragraph (C) of rule 1501:13-4-09 of the Administrative Code, by an engineer. Except as provided in paragraph (D) of this rule, all hydrologic maps shall show the following:

(1) The proposed permit and shadow areas and the area within one thousand feet of the proposed shadow area for full coal recovery mining operations and within three hundred feet of the proposed shadow area for room and pillar mining operations;

(2) A line identifying the area within one thousand feet of the proposed shadow area a for full coal recovery mining operations and within three hundred feet of the proposed shadow area for room and pillar mining operations;

(3) All occupied buildings on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(4) All perennial and intermittent streams on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(5) The location of the coal outcrop on the proposed permit area and the name and number of each coal seam to be mined;

(6) The location of each cross-section drawn to show hydrogeologic information as required under paragraph (F) of this rule;

(7) The location and type of water supply used by the occupant of each building described in paragraph (C)(3) of this rule for the purpose of domestic, agricultural, or industrial use;

(8) All springs on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(9) All seepage zones on and within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(10) The location of sampling stations on each stream identified in paragraph (C)(4) of this rule at points just above and below the proposed permit area and the location and elevation of other sampling stations used to gather data on water quality and quantity in the preparation of the permit application;

(11) Location and extent of known workings of active, inactive or abandoned underground mines, including mine openings to the surface, within the proposed shadow and adjacent areas;

(12) The location of monitoring stations, other than sediment pond outlets, to be monitored during the life of the permit;

(13) All existing water wells on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations; and

(14) Any well, well field, reservoir, river, or other water source used for a public water supply on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations.

(D)

(1) For the items listed in paragraphs (C)(3), (C)(4), and (C)(7) to (C)(14) of this rule, the chief may require additional information outside the thousand-foot limit of the shadow area for full coal recovery mining operations or outside the three-hundred-foot limit of the proposed shadow area for room and pillar mining operations to be shown on the hydrologic map if such identification is necessary based on site-specific conditions.

(2) The items listed in paragraphs (C)(3), (C)(7), (C)(8), (C)(9), (C)(10), (C)(11), and (C)(13) of this rule need not be shown on the hydrologic map when:

(a) They are located beyond an intermittent or perennial stream located within one thousand feet of the proposed permit area; and

(b) The lowest coal seam to be mined is at a higher elevation than such intermittent or perennial stream.

(E) The map symbols used to identify the items described in paragraphs (C)(8) to (C)(14) of this rule shall be highlighted in red on all hydrologic maps.

(F) Hydrologic cross-section. Each application for a permit shall include one or more cross-sections prepared by, or under the direction of, an engineer or a professional geologist showing:

(1) The location and extent of subsurface water, if encountered, within the proposed shadow or adjacent areas;

(2) All wells, boreholes, piezometers, springs, or other features used to determine the configuration of the water table or potentiometric surface of each aquifer where such wells, boreholes, piezometers, springs, or other items fall on or reasonably close to the line of the cross-section;

(3) Within the proposed shadow and adjacent areas, all aquifers and the water table or potentiometric surface of each aquifer above the lowest coal seam to be mined and within the lowest coal seam to be mined if that seam is a water bearing stratum, and each potentially affected water bearing stratum below the lowest coal seam to be mined; and

(4) All coal seams to be mined.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 27, 2023 at 9:47 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-02

As used in Chapters 1501:13-1 to 1501:13-14 of the Administrative Code:

(A) "Abatement plan" means any individual technique or combination of techniques, the implementation of which may result in reduction of the base line pollution load. Abatement techniques may include but are not limited to best management practices such as: addition of alkaline material, daylighting old underground mines, special plans for managing toxic- and acid-forming material, regrading, and revegetation.

(B) "Acid drainage" means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned coal mine and reclamation operation or from an area affected by coal mining and reclamation operations.

(C) "Acid-forming materials" means earth materials that contain sulfide mineral or other materials which, if exposed to air, water, or weathering processes, will form acids that may create acid drainage.

(D) "Acid water" means any waters, the pH of which, as determined by standard methods, is less than 6.0.

(E) "Adjacent area" means the area outside the affected area or permit area where air, surface or ground water, fish, wildlife, vegetation or other resources protected by Chapter 1513. of the Revised Code, determined according to the context in which "adjacent area" is used, are or reasonably could be expected to be adversely affected by proposed coal mining and reclamation operations including probable impacts from underground workings. With respect to underground mining operations, "adjacent area" shall include, at a minimum, the surface areas above full coal recovery areas.

(F) "Affected area" means any land or water surface area which is used to facilitate, or is physically altered by, coal mining and reclamation operations.

(1) The affected area includes:

(a) The disturbed area;

(b) Any area upon which coal mining and reclamation operations are conducted;

(c) Any adjacent lands the use of which is incidental to coal mining and reclamation operations;

(d) All areas covered by new or existing roads used to gain access to, or for hauling coal to or from coal mining and reclamation operations, but may not include public roadways, provided that:

(i) The public roadway was in existence prior to the application for the permit;

(ii) The effect on the public roadway from mining use will be minor; and

(iii) The public roadway is incidentally, rather than directly, part of the mining operation;

(e) Any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, shipping areas; and

(f) Any areas upon which are sited structures, facilities, or other property material on the surface resulting from, or incident to, coal mining and reclamation operations.

(2) The affected area does not include surface disturbance attributable solely to underground mine subsidence, provided that this exception shall not be construed as a limitation on the authority of the chief or his or her authorized representative to require submission of information about, or take enforcement or other actions in regard to, subsidence disturbances and conditions existing in areas overlying underground workings before, during, and after mining, which areas are not within the permit or affected area.

(G) "Alternative financial security" means a trust fund, a standby trust fund, or other similar agreement or mechanism for the benefit of the state, enforceable under law and approved by the chief, that assures sufficient funds are available and devoted solely to the purpose of providing and maintaining long-term water treatment or a long-term alternative water supply, as applicable, for permits the chief determines require alternative financial security under division (F)(8) of section 1513.16 of the Revised Code.

(H) "Angle of draw" means the angle with the vertical, made by a straight line extending away from the edge of the mined-out area to the ground surface, spanning the horizontal distance in which subsidence may occur.

(I) "Applicant" means any person seeking a permit, permit renewal or revision to a permit, or a transfer, assignment or sale of permit rights from the chief to conduct coal mining and reclamation operations.

(J) "Application" means the documents and other information filed with the chief under Chapter 1513. of the Revised Code, and rules adopted thereunder, for the issuance of a permit, permit renewal or revision to a permit, or for a transfer, assignment or sale of permit rights for coal mining and reclamation operations.

(K) "Approximate original contour" means that surface configuration achieved by backfilling and grading of a mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. Permanent water impoundments may remain where the chief determines that they are in compliance with division (A)(8) of section 1513.16 of the Revised Code.

(L) "Aquifer" means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use.

(M) "Area mining" means a method of surface coal mining that involves making a series of parallel mining cuts against the highwall created from the initial mining cut. Spoil from each subsequent cut is placed in the preceding cut where coal has been removed and, as a result, area mining forms a series of parallel spoil ridges. Area mining along the contour differs from contour mining in that at least three successive parallel cuts are made from the initial cut.

(N) "Auger mining" means a method of mining coal at a highwall by drilling holes or cutting into an exposed coal seam from the highwall and transporting the coal along an auger bit or by conveyors or other means to the surface.

(O) "Backfill" or "backfilling" means to fill an excavation or pit with material to a predetermined configuration by reducing the peaks, valleys, and outslopes of the spoil, and filling the cut.

(P) "Base line pollution load" means the characterization of the material being discharged from or on the pollution abatement area, described in terms of mass loading for net acidity, total iron, total manganese, and total suspended solids, including seasonal variations and variations in response to precipitation events.

(Q) "Best available technology economically achievable" means measures and practices which will abate or ameliorate to the maximum extent possible pollution discharges from or on the pollution abatement area. These measures include engineering, geochemical or other applicable practices.

(R) "Best management practice" means a practice implemented during the mining and reclamation of remining sites that is designed to reduce, if not completely eliminate, the pre-existing water pollution problems. Best management practices are tailored to specific mining operations based largely on pre-existing site conditions, hydrology, and geology. Best management practices are designed to function in a physical and/or geochemical manner to reduce pollution loadings. These best management practices may include engineering, geochemical materials handling, daylighting, regrading, revegetation, diversion ditches or other applicable practices.

(S) "Best technology currently available" means equipment, devices, systems, methods, or techniques which:

(1) Will prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable state or federal laws;

(2) Will minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife, and related environmental values, and achieve enhancement of those resources where practicable; and

(3) Are currently available anywhere as determined by the chief. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of sedimentation ponds.

(T) "Cemetery" means any area of land where human bodies are interred.

(U) "Chief" means chief of the division of mineral resources management.

(V) "Coal exploration" means the field gathering of environmental data and surface or subsurface geologic, physical, or chemical data by trenching, drilling or other techniques that disturb the natural land surface and that are necessary to determine the quality and quantity of overburden and coal of an area.

(W) "Coal exploration permit" means a permit to conduct coal exploration operations that substantially disturb the natural land surface, issued by the chief pursuant to section 1513.072 of the Revised Code.

(X) "Coal mine waste" means coal processing waste and underground development waste.

(Y) "Coal mining and reclamation operations" means coal mining operations and all activities necessary and incidental to the reclamation of such operations.

(Z) "Coal mining operation" means:

(1) Activities conducted on the surface of lands in connection with a coal mine, the removal of coal from coal refuse piles, and surface impacts incident to an underground coal mine. Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining; the use of explosives and blasting; in situ distillation or retorting; leaching or other chemical or physical processing; and the cleaning, concentrating, or other processing or preparation of coal. Such activities also include the loading of coal at or near the mine site. Such activities do not include the following:

(a) The extraction of coal incidental to the extraction of other minerals if the weight of coal extracted is less than one-sixth the total weight of minerals removed, including coal;

(b) The extraction of coal as an incidental part of federal, state, or local highway or other government-financed construction when approved by the chief; or

(c) Coal exploration subject to section 1513.072 of the Revised Code; and

(2) The areas upon which such activities occur or where such activities disturb the natural land surface. Such areas include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or improvement or use of existing roads to gain access to the site of such activities, and for hauling, excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities. Separation by a stream, roadway, or utility easement does not preclude two or more contiguous tracts of land from being considered contiguous.

(AA) "Coal preparation" means chemical or physical processing and the cleaning, concentrating, or other processing or preparation of coal.

(BB) "Coal preparation plant" means a facility where coal is subjected to chemical or physical processing or cleaning, concentrating, or other processing or preparation. It includes facilities associated with the coal preparation plant, including, but not limited to, the following: loading facilities; storage and stockpile facilities; sheds, shops, and other buildings; water treatment and water storage facilities; settling basins and impoundments; and coal processing and other waste disposal areas.

(CC) "Coal processing waste" means earth materials which are wasted or otherwise separated from the product coal after physical or chemical processing, cleaning, or concentrating of coal.

(DD) "Collateral bond" means an indemnity agreement in a sum certain payable only to the state and executed by the permittee or applicant as principal which is supported by one or more of the following:

(1) The deposit of cash in one or more federally insured accounts, payable only to the state upon demand;

(2) Negotiable bonds of the United States or the state of Ohio endorsed to the order of, and placed in the possession of, the state;

(3) Negotiable certificates of deposit, payable to, and in possession of, the state;

(4) An irrevocable letter of credit of any bank organized or authorized to transact business in the state of Ohio, payable only to the state upon presentation by the chief; or

(5) A trust fund naming the state as primary beneficiary in an amount sufficient to complete the reclamation plan for any and all areas that may be in default at any time and devoted solely to the purpose of providing performance security in accordance with these rules.

(EE) "Combustible material" means organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.

(FF) "Community or institutional building" means any building other than a public building or an occupied dwelling, which:

(1) Is used primarily for meetings, gatherings, or functions of local civic organizations or other community groups;

(2) Functions as an educational, cultural, historic, religious, scientific, correctional, mental health, or physical health care facility; or

(3) Is used for public services, including, but not limited to, water supply, power generation or sewage treatment.

(GG) "Compaction" means increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or roller loads from heavy equipment.

(HH) "Complete application" means an application for the issuance of a permit, permit renewal or revision to a permit, or for a transfer, assignment or sale of permit rights for coal mining and reclamation operations which contains all the information required under Chapter 1513. of the Revised Code and these rules and necessary to initiate processing and public review.

(II) "Contour mining" means a method of surface coal mining that involves making an initial mining cut along the contour of a hillside to the maximum highwall height and then making subsequent cuts along the same contour, placing spoil in the preceding cut where the coal has been removed.

(JJ) "Cropland" means land used for the production of cultivated crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land will not be considered as having been used for the production of cultivated crops on the basis of use as woodland or rangeland, or where the only cultivation has been disking to establish or help maintain grass used as a forage, or where the only cultivation has been disking to plant small grain for a quick cover to be used as forage and not as a grain crop.

(KK) "Cumulative hydrologic impact assessment" means the assessment of the probable cumulative impact of all anticipated mining in the general and adjacent area upon the hydrologic balance of the area and particularly upon water availability.

(LL) "D permit" means a permit issued pursuant to an application filed with the division of mineral resources management pursuant to section 1513.07 of the Revised Code, effective September 1, 1981.

(MM) "Developed spring" means a spring regularly being used for domestic or agricultural purposes.

(NN) "Disturbed area" means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by coal mining operations. Those areas are classified as disturbed until reclamation is complete and the performance security or other assurance of performance required by section 1513.08 of the Revised Code is released.

(OO) "Diversion" means a channel, embankment, or other man-made structure constructed for the purpose of diverting water from one area to another.

(PP) "Downslope" means the land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor.

(QQ) "Drainage plan" means a description or illustration of the method of collection, treatment, and discharge of all or any of the waters within, flowing onto, or being discharged from the permit area.

(RR) "Effluent limitations" means a specific, numeric, measurable set of limits on the amount of various pollutants that are placed on point source discharges through the national pollutant discharge elimination system (NPDES). For a remining NPDES permit that uses non-numeric limitations, "effluent limitations" means the best management practice as required under that NPDES permit.

(SS) "Embankment" means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or for other similar purposes.

(TT) "Engineer" means a professional engineer registered in accordance with the requirements of Chapter 4733. of the Revised Code.

(UU) "Ephemeral stream" means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local water table.

(VV) "Excess spoil" means spoil material disposed of in a location other than the mined-out area, except that spoil material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain in non-steep slope areas shall not be considered excess spoil, provided that the blending will be done in accordance with paragraph (E) of rule 1501:13-9-14 of the Administrative Code.

(WW) "Existing structure" means a structure or facility used in connection with or to facilitate coal mining and reclamation operations for which construction began prior to August 16, 1982.

(XX) "Forfeiture of performance security" means that the chief shall proceed against the permittee in the manner set forth in rule 1501:13-7-06 of the Administrative Code.

(YY) "Fragile lands" means areas containing natural, ecologic, scientific, or esthetic resources that could be significantly damaged by coal mining operations. Examples of fragile lands include valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, paleontological sites, national natural landmarks, areas where mining may result in flooding, environmental corridors containing a concentration of ecologic and esthetic features, and areas of recreational value due to high environmental quality.

(ZZ) "Fugitive dust" means that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or coal mining and reclamation operations or both. During coal mining and reclamation operations it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed.

(AAA) "Full coal recovery" means recovery of a high percentage of the in-place coal reserve by pillar removal, longwall mining, or other underground mining method in which support is removed from the roof of the mine under a large enough area that a full or partial collapse or subsidence of the mine roof is planned as part of the method of mining.

(BBB) "General area" means, with respect to hydrology, the topographic and ground-water basin in and surrounding a permit area which is of sufficient size to include the area to be affected by all anticipated mining activities, including one or more watersheds containing perennial streams and ground-water zones, and to allow assessment of the probable cumulative impacts on the quality and quantity of surface and ground-water systems in the basins. Anticipated mining shall include, at a minimum, the entire projected lives, through performance security releases, of:

(1) The proposed operation;

(2) All existing operations; and

(3) Any operation for which a permit application has been submitted to the chief.

(CCC) "Grading" means the shaping of material to conform to the approved mining and reclamation plan.

(DDD) "Ground water" means subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated.

(EEE) "Head-of-hollow fill" means a fill structure consisting of any material, other than organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow, measured at the steepest point, are greater than twenty degrees or the average slope of the profile of the existing hollow from the toe of the fill to the top of the fill is greater than ten degrees. In head-of-hollow fills the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.

(FFF) "Higher or better uses" means postmining land uses that have a higher economic value or nonmonetary benefit to the landowner or the community than the premining land uses.

(GGG) "Highwall" means the face of exposed overburden and coal in an open cut of a coal mining operation or for entry to underground mining operations.

(HHH) "Highwall remnant" means that portion of a highwall that remains after backfilling and grading of a remining permit area.

(III) "Historic lands" means areas containing historic, cultural, or scientific resources. Examples of historic lands include archeological sites, properties listed on or eligible for listing on a state or national register of historic places, national historic landmarks, properties having religious or cultural significance to native Americans or religious groups, and properties for which historic designation is pending.

(JJJ) "Historically used for cropland" means:

(1) Lands that have been used for cropland for any five years or more out of the ten years immediately preceding the acquisition, including purchase, lease, or option, of the land for the purpose of conducting or allowing through resale, lease or option the conduct of coal mining and reclamation operations;

(2) Lands that the chief determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific five-years-in-ten criterion, in which case the regulations for prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved; or

(3) Lands that would likely have been used as cropland for any five out of the last ten years, immediately preceding such acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land.

(KKK) "Hydrologic balance" means the relationship between the quality and quantity of inflow to, outflow from, and storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the quantity and quality relationships between precipitation, runoff, evaporation, and the change in ground and surface water storage.

(LLL) "Hydrologic regime" means the entire state of water movement in a given area. It is a function of the climate, and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form and falls as precipitation, moves then along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration.

(MMM) "Imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirements of Chapter 1513. of the Revised Code or these rules in a coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury exists if a rational person, subjected to the same condition or practice giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement.

(NNN) "Impounding structure" means a dam, embankment or other structure used to impound sediment, water, slurry, or other liquid or semi-liquid material.

(OOO) "Impoundments" means all water, sediment, slurry or other liquid or semi-liquid holding structures and depressions, either naturally formed or artificially built.

(PPP) "Incremental area" for a particular permit year applies only to permits for which the applicant or permittee provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code and means:

(1) That area within the permit area which the permittee affects by coal mining and reclamation operations in the particular permit year and which the permittee does not intend to affect in the coming permit year; and

(2) In the permit year in which mining operations are completed on the permit area, all of the affected area not already designated as an incremental area under paragraph (A)(6)(a) of rule 1501:13-7-01 of the Administrative Code.

(QQQ) "Incremental mining unit" applies only to permits for which the applicant or permittee provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code. Incremental mining unit means an area within a permit of sufficient size and configuration to provide for efficient mining and reclamation operations, subject to approval by the chief, where mining and reclamation activities are authorized by the chief and a specific amount of performance security has been determined by the chief pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code.

(RRR) "In situ processes" means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining.

(SSS) "Intermittent stream" means a stream that is below the local water table and flows for at least some part of the year, and obtains its flow from both surface runoff and ground water discharge.

(TTT) "Knowing" or "knowingly" means, except where the context indicates otherwise, that a person who authorized, ordered, or carried out an act or omission knew or had reason to know that the act or omission would result in either a violation or a failure to abate or correct a violation.

(UUU) "Lands eligible for remining" means those lands that would otherwise be eligible for expenditures under section 1513.37 of the Revised Code.

(VVV) "Leachate" means a liquid that has percolated through soil, rock, or waste and has extracted dissolved or suspended materials.

(WWW) "Monitoring" means the collection of environmental data by either continuous or periodic sampling methods.

(XXX) "Mountaintop removal mining" means coal mining operations in which the mining operation removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill except as otherwise provided for in paragraph (B)(1) of rule 1501:13-13-04 of the Administrative Code, by removing substantially all of the overburden off the bench and creating a level plateau or a gently rolling contour, with no highwalls remaining, and capable of supporting postmining land uses in accordance with the requirements of paragraph (C) of rule 1501:13-4-12 of the Administrative Code.

(YYY) "MSHA" means the mine safety and health administration.

(ZZZ) "Mulch" means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing conditions suitable for germination and growth.

(AAAA) "National pollutant discharge elimination system" and "NPDES" means the national permit program authorized under the Clean Water Act, 33 U.S.C. 1251 et seq., that controls water pollution by regulating point sources that discharge pollutants into waters of the United States.

(BBBB) "Natural hazard lands" means geographic areas in which natural conditions exist which pose or, as a result of coal mining operations, may pose a threat to the health, safety, or welfare of people, property or the environment, including areas subject to landslides, cave-ins, severe wind or soil erosion, frequent flooding, avalanches, and areas of unstable geology.

(CCCC) "Non-commercial building" means any building, other than an occupied residential dwelling, that, at the time the subsidence occurs, is used on a regular or temporary basis as a public building or community or institutional building as those terms are defined in this rule. Any building used only for commercial agricultural, industrial, retail or other commercial enterprises is excluded.

(DDDD) "Notice of intention to explore" means the documents and other information filed with the chief for coal exploration, pursuant to section 1513.072 of the Revised Code and rule 1501:13-4-02 of the Administrative Code.

(EEEE) "Noxious plants" means species that have been included on the official list of noxious plants for the state of Ohio.

(FFFF) "Occupied dwelling" means any building that is currently being used on a regular or temporary basis for human habitation.

(GGGG) "Occupied residential dwelling and structures related thereto" means, for purposes of rule 1501:13-12-03 of the Administrative Code, any building or other structure that, at the time the subsidence occurs, is used either temporarily, occasionally, seasonally, or permanently for human habitation. This term also includes any building, structure or facility installed on, above or below, or a combination thereof, the land surface if that building, structure or facility is adjunct to or used in connection with an occupied residential dwelling. Examples of such structures include, but are not limited to, garages; storage sheds and barns; greenhouses and related buildings; utilities and cables; fences and other enclosures; retaining walls; paved or improved patios, walks and driveways; septic sewage treatment facilities; and lot drainage and lawn and garden irrigation systems. Any structure used only for commercial agricultural, industrial, retail or other commercial purposes is excluded.

(HHHH) "Operation" means coal mining operation.

(IIII) "Operator" means any person conducting a coal mining operation and includes the permittee if the permittee is conducting the mining operation or a contract operator if a person under contract with the permittee is conducting the mining operation.

(JJJJ) "Overburden" means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.

(KKKK) "Perennial stream" means a stream or a part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or surface runoff. The term does not include intermittent stream or ephemeral stream.

(LLLL) "Performance security" means a form of financial assurance, including a surety bond; a collateral bond; or a combination thereof, by which a permittee assures faithful performance of all the requirements of Chapter 1513. of the Revised Code, division 1501:13 of the Administrative Code, and the requirements of the permit and reclamation plan.

(MMMM) "Permanent diversion" means a diversion remaining after coal mining and reclamation operations are completed which has been approved for retention by the chief.

(NNNN) "Permanent impoundment" means an impoundment which is approved by the chief and, if required, by other state and federal agencies for retention as part of the postmining land use.

(OOOO) "Permit" means a permit to conduct coal mining and reclamation operations issued by the chief pursuant to section 1513.07 or 1513.074 of the Revised Code.

(PPPP) "Permit area" means the area of land to be affected indicated on the approved map submitted by the applicant or operator with the application required by section 1513.07 or 1513.074 of the Revised Code. This area shall include, at a minimum, all areas which are or will be affected by the coal mining and reclamation operations during the term of the permit. With respect to underground mining operations, "permit area" shall not include those surface areas overlying underground workings and not included within the affected area.

(QQQQ) "Permit year" means the year beginning on the date on which the permit was issued or the year beginning on any yearly anniversary of the permit issuance. Permit years are identified by sequence. For example, the permit year beginning on the date the permit was issued is the "first permit year," the permit year beginning on the first yearly anniversary of the permit is the "second permit year," and so on.

(RRRR) "Permittee" means a person holding or required by Chapter 1513. of the Revised Code to hold a permit.

(SSSS) "Person" means an individual, partnership, corporation, business trust, estate, trust, association or other legal entity, or any political subdivision, instrumentality or agency of the state or the United States.

(TTTT) "Person having an interest which is or may be adversely affected or person with a valid legal interest" means any person:

(1) Who uses any resource of economic, recreational, esthetic, or environmental value that may be adversely affected by coal exploration or coal mining and reclamation operations or any related action of the chief; or

(2) Whose property is or may be adversely affected by coal exploration or coal mining and reclamation operations or any related action of the chief.

(UUUU) "Pit" or "strip mine pit" means that part of the operation prior to backfilling from which coal is being or has been removed from its natural state.

(VVVV) "Point source discharge" means any discernible, confined or discrete conveyance from which a pollutant is, or may be, discharged to the waters of the state.

(WWWW) "Pollution abatement area" means that part or parts of the permit area which are causing or contributing to the base line pollution load, and which must be affected to bring about potential improvement of the base line pollution load, and which may include the immediate location of the discharge(s). The pollution abatement area shall include, to the extent practicable, areas within the permit area which are adjacent to and nearby the remining operation and which also must be affected to reduce the pollution load of the pre-existing discharges, and may include the immediate location of the pre-existing discharges.

(XXXX) "Precipitation event" means a quantity of water resulting from drizzle, rain, snow, sleet, hail, or that quantity of water emanating from snow cover as snowmelt in a limited period of time.

(YYYY) "Pre-existing discharge" means a discharge from surface or subsurface waters which is located on previously mined area as defined in this rule. This term shall include a pre-existing discharge that is relocated as a result of the implementation of best management practices in the permit.

(ZZZZ) "Previously mined area" means land affected by coal mining operations prior to August 3, 1977 that has not been reclaimed to the standards of Chapter 1513. of the Revised Code, as effective September 1, 1981 and thereafter.

(AAAAA) "Prime farmland" means those lands that both:

(1) Are defined by the secretary of agriculture in 7 C.F.R. 657; and

(2) Have been historically used for cropland.

(BBBBB) "Principal shareholder" means any person who is the record or beneficial owner of ten per cent or more of any class of voting stock.

(CCCCC) "Probable hydrologic consequences" means the projected result of proposed coal mining and reclamation operations which may reasonably be expected to change the quantity or quality of the surface and ground water, the flow, timing, or pattern of the surface and ground water, and the stream channel conditions on the permit area and adjacent area.

(DDDDD) "Productivity" means the vegetative yield produced by a unit area for a unit of time.

(EEEEE) "Property to be mined" means the surface estates and mineral estates within the permit area. For those areas covered by underground workings, "property to be mined" means the mineral estates to be mined and the surface estates.

(FFFFF) "Public building" means any building that is owned by a public agency or used primarily for public business or meetings.

(GGGGG) "Public park" means an area or portion of an area dedicated or designated by any federal, state, or local agency primarily for public recreational use, whether or not such is limited to certain times or days, including any land leased, reserved, or held open to the public because of that use.

(HHHHH) "Public roadway" means a road which is:

(1) Designated as a public road in the jurisdiction within which it is located;

(2) Constructed in a manner consistent with other public roads within the jurisdiction within which it is located;

(3) Regularly maintained with public funds; and

(4) Subject to, and available for, substantial use by the public.

(IIIII) "Publicly owned park" means a public park that is owned by a federal, state or local governmental entity.

(JJJJJ) "Reasonably available spoil" means spoil and suitable coal mine waste material generated by the remining operation or other spoil or suitable coal mine waste material located in the permit area and in the immediate vicinity of the permit area that is accessible and available for use and that, when rehandled, will not cause a hazard to public safety or significant damage to the environment.

(KKKKK) "Recharge capacity" means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.

(LLLLL) "Receiving water" means the specific water body of the waters of the state into which point and non-point sources flow.

(MMMMM) "Reclamation" means those actions taken to restore mined land as required by Chapter 1513. of the Revised Code to a postmining land use approved by the chief.

(NNNNN) "Recurrence interval" means the interval of time in which a precipitation event is expected to occur once, on the average. Magnitude of such events are as defined by the "National Weather Service Technical Paper No. 40, Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments or equivalent regional or rainfall probability information developed therefrom. This technical report is available from NOAA's national weather service website www.nws.noaa.gov/ohd/hdsc/currentpf.htm.

(OOOOO) "Refuse pile" means a surface deposit of coal mine waste that does not impound water, slurry, or other liquid or semi-liquid material.

(PPPPP) "Remining" means conducting coal mining and reclamation operations which affect previously mined areas.

(QQQQQ) "Remining NPDES permit" means a national pollutant discharge elimination system permit issued by the Ohio environmental protection agency for a discharge which is in compliance with the permit requirements of 33 U. S.C. section 1311(p).

(RRRRR) "Renewable resource lands" means aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber, and grazing lands.

(SSSSS) "Replacement of water supply" means, with respect to a protected water supply contaminated, diminished, or interrupted by a surface or underground coal mining operation, provision of a water supply on both a temporary and permanent basis equivalent to premining quality and quantity. Replacement includes provision of an equivalent water delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for the premining water supply.

(1) Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.

(2) If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water supply owner.

(TTTTT) "Road" means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or coal mining and reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches and surface. The term includes any access or haul road constructed, used, reconstructed, improved, or maintained for use in coal exploration or within the affected area of coal mining and reclamation operations, including use by coal hauling vehicles leading to transfer, processing, or storage areas. The term does not include ramps and routes of travel within the mining area or within spoil or coal mine waste disposal areas. The term may not include public roadways outside the permitted area, provided that the public roadway was in existence prior to the application for the permit, the effect on the public roadway from mining use will be minor, and the public roadway is incidentally, rather than directly, part of the mining operation.

(UUUUU) "Rules promulgated thereunder," "rules adopted thereunder," or "these rules" means all rules contained in Chapters 1501:13-1 to 1501:13-14 of the Administrative Code.

(VVVVV) "Runoff" means the overland flow caused by excess rainfall.

(WWWWW) "Safety factor" means the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.

(XXXXX) "Sediment" means undissolved organic and inorganic material transported or deposited by water.

(YYYYY) "Sedimentation pond" means an impoundment used to remove solids from water in order to meet water quality standards or effluent limitations before the water leaves the permit area.

(ZZZZZ) "Shadow area" means the surface areas above the underground workings and surface areas that are within the angle of draw of such workings.

(AAAAAA) "Significant, imminent environmental harm to land, air or water resources" means:

(1) An environmental harm is an adverse impact on land, air, or water resources which resources include, but are not limited to, plant and animal life.

(2) An environmental harm is imminent, if a condition, practice, or violation exists which:

(a) Is causing such harm; or

(b) May reasonably be expected to cause such harm at any time before the end of the reasonable abatement time that would be set under section 1513.02 of the Revised Code.

(3) An environmental harm is significant if that harm is appreciable and not immediately reparable.

(BBBBBB) "Slope" means average inclination of a surface, measured from the horizontal.

(CCCCCC) "Soil horizons" means contrasting layers of soils parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The four master soil horizons are:

(1) "A horizon." The uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest;

(2) "E horizon." The layer commonly near the surface below an A horizon and above a B horizon. An E horizon is most commonly differentiated from an overlying A horizon by lighter color and generally has measurably less organic matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these properties;

(3) "B horizon." The layer that typically is immediately beneath the E horizon. This middle layer commonly contains more clay, iron, or aluminum than the A, E or C horizon; and

(4) "C horizon." The deepest layer of the soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.

(DDDDDD) "Soil survey" means a field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. Soil surveys must meet the standards of the national cooperative soil survey.

(EEEEEE) "Spoil" means overburden that has been removed during coal mining operations, including underground development materials, but does not include topsoil.

(FFFFFF) "Stabilize" means any method used to control movement of soil, spoil piles, or areas of disturbed earth and includes, but is not limited to, increasing bearing capacity, increasing shear strength, draining, compacting or revegetating.

(GGGGGG) "Subirrigation" means the supplying of water to plants from underneath or from a semisaturated or saturated subsurface zone where water is available for use by vegetation.

(HHHHHH) "Subsoil" means the B and C horizons or, in instances where the area has been disturbed by agricultural practices, that soil below the soil ordinarily moved in the tillage or its equivalent in uncultivated soil.

(IIIIII) "Substantial legal and financial commitments in a coal mining operation" means significant investments that have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction or storage facilities and other capital-intensive activities. An example would be an existing mine, not actually producing coal, but in a substantial stage of development prior to production. Costs of acquiring the coal in place or of the right to mine it without an existing mine, as described in the above example, alone are not sufficient to constitute substantial legal and financial commitments.

(JJJJJJ) "Substantially disturb" means, for purposes of coal exploration, to affect significantly land or water resources by blasting, by removal of vegetation, topsoil, or overburden, by construction of roads or other access routes, by placement of excavated earth or waste material on the natural land surface, or by other such activities.

(KKKKKK) "Support facilities" means those facilities resulting from or incident to coal mining and reclamation operations and the areas upon which such facilities are located. Support facilities may consist of, but are not limited to, the following facilities: mine buildings; bathhouses; coal loading facilities, coal crushing facilities; coal sizing facilities; coal storage facilities, equipment and storage facilities; fan buildings; hoist buildings; sheds, shops, and other buildings; facilities used to treat and store water for mine consumption; and railroads, surface conveyor systems, chutes, aerial tramways, or other transportation facilities, but not including public roads. "Resulting from or incident to" an activity connotes an element of proximity to that activity.

(LLLLLL) "Surety bond" means an indemnity agreement in a sum certain payable only to the state, executed by the permittee or applicant as principal and which is supported by the performance guarantee of a corporation licensed to do business as a surety in this state.

(MMMMMM) "Surface mining operations" means those coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location.

(NNNNNN) "Surface water" means water, either flowing or standing on the surface of the earth.

(OOOOOO) "Surveyor" means a professional surveyor registered in accordance with the requirements of Chapter 4733. of the Revised Code.

(PPPPPP) "Suspended solids" or "nonfilterable residue," expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the environmental protection agency's regulations for wastewater and analyses (40 C.F.R. part 136).

(QQQQQQ) "Temporary diversion" means a diversion of a stream or overland flow which is used during coal exploration or coal mining and reclamation operations and not approved by the chief to remain after reclamation as part of the approved postmining land use.

(RRRRRR) "Temporary impoundment" means an impoundment used during coal mining and reclamation operations, but not approved by the chief to remain as part of the approved postmining land use.

(SSSSSS) "Topsoil" means the A and E horizon layers, or in instances in which the area has been disturbed by agricultural practices, the soil ordinarily moved in tillage, or its equivalent in uncultivated soil.

(TTTTTT) "Toxic forming materials" means earth materials or wastes having a pH of less than 4.0 or a calcium carbonate deficiency of five tons or more per one thousand tons of material. By order of the chief, such other earth materials or wastes shall be designated toxic which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.

(UUUUUU) "Toxic-mine drainage" means water that is discharged from active or abandoned mines and other areas affected by coal mining operations and which contains a substance which, through chemical action or physical effects, is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it.

(VVVVVV) "Transfer, assignment, or sale of permit rights" means a change of a permittee, including, but not limited to, any fundamental legal change in the structure or nature of a permittee, a name change, or a change in the ownership and operational control of a permittee to a person who has not held a permit issued under Chapter 1513. of the Revised Code for a period of not less than five years where the existence and name of the permittee remain the same.

(WWWWWW) "Trust fund" means money, securities or other property held by a trustee for the benefit of the state that is devoted to the purpose of providing assurance that funds will be available when needed to comply with Chapter 1513. of the Revised Code and rules adopted thereunder and that irrevocably establishes the state as the primary beneficiary.

(XXXXXX) "Unanticipated event or conditions" as used in rule 1501:13-5-01 of the Administrative Code, means an event or condition related to prior mining activity which arises from a surface coal mining and reclamation operation on lands eligible for remining and was not contemplated in the applicable permit.

(YYYYYY) "Underground development waste" means waste-rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings in connection with underground mining operations.

(ZZZZZZ) "Underground mining operations" means underground mining surface operations and underground workings.

(AAAAAAA) "Underground mining surface operations" means the surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities including hoists and ventilating ducts, areas utilized for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed.

(BBBBBBB) "Underground workings" means underground operations such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing and underground mining, hauling, storage and blasting.

(CCCCCCC) "Unwarranted failure to comply" means the failure of the permittee to prevent the occurrence of any violation of the permit or any requirement of Chapter 1513. of the Revised Code or these rules, due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or Chapter 1513. of the Revised Code or these rules due to indifference, lack of diligence, or lack of reasonable care.

(DDDDDDD) "Valid existing rights" means a set of circumstances under which a person demonstrates compliance with the standards under paragraph (A) or (B) of rule 1501:13-3-01 of the Administrative Code and may, subject to the chief's approval, conduct coal mining operations on lands where division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code would otherwise prohibit such operations.

(EEEEEEE) "Valley fill" means a fill structure consisting of any material, other than organic material, that is placed in a valley where side slopes of the existing valley, measured at the steepest point, are greater than twenty degrees, or where the average slope of the profile of the existing valley from the toe of the fill to the top of the fill is greater than ten degrees.

(FFFFFFF) "Violation," for the purposes of rule 1501:13-4-03, paragraph (D) of rule 1501:13-5-01, and rule 1501:13-5-02 of the Administrative Code, means:

(1) A failure to comply with an applicable provision of a federal or state law or regulation pertaining to air or water environmental protection, as evidenced by a written notification from a governmental entity to the responsible person; or

(2) A noncompliance for which the chief has provided one or more of the following types of notice, or the office of surface mining of the U.S. department of the interior or another state regulatory authority has provided equivalent notice under corresponding provisions of the federal regulatory program or a state regulatory program:

(a) A notice of violation;

(b) A cessation order;

(c) A final order, bill, or demand letter pertaining to a delinquent civil penalty;

(d) A bill or demand letter pertaining to delinquent reclamation fees owed to the office of surface mining of the U.S. department of the interior under 30 C.F.R. Part 870; or

(e) A performance security or bond forfeiture order.

(GGGGGGG) "Violation notice," for the purposes of rule 1501:13-4-03, paragraph (D) of rule 1501:13-5-01, and rule 1501:13-5-02 of the Administrative Code, means any written notification from a regulatory authority or other governmental entity of a violation, as specified in the definition of "violation" in this rule.

(HHHHHHH) "Water table" means the upper surface of a zone of saturation where the body of ground water is not confined by an overlying impermeable zone.

(IIIIIII) "Water quality standards" means the rules set forth in Chapter 3745-1 of the Administrative Code establishing stream use designations and water quality criteria protective of such uses for the surface waters of the state.

(JJJJJJJ) "Willful violation" means an act or omission which violates a provision of Chapter 1513. of the Revised Code or these rules, other applicable state or federal laws, or a condition of a permit, committed by a person who intends the result which actually occurs.

(KKKKKKK) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: April 18, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-02 Submission and processing of requests for valid existing rights determinations.

(A) Except for federal lands subject to 30 C.F.R. Part 761, any person who intends to conduct coal mining operations on the basis of valid existing rights under division (D) of section 1513.073 of the Revised Code and rules adopted thereunder shall file with the chief a request for a valid existing rights determination. This request shall be submitted before preparing and submitting an application for a permit or boundary revision for the land for which the determination is sought.

(B) Requirements for property rights demonstration. If the request relies upon one of the standards of paragraph (A)(2) of rule 1501:13-3-01 of the Administrative Code, the person claiming valid existing rights shall provide a property rights demonstration under paragraph (A)(1) of rule 1501:13-3-01 of the Administrative Code which shall include the following items:

(1) A legal description of the land to which the request pertains;

(2) Complete documentation of the character and extent of the requestor's current interests in the surface and mineral estates of the land to which the request pertains;

(3) A complete chain of title for the surface and mineral estates of the land to which the request pertains;

(4) A description of the nature and effect of each title instrument that forms the basis for the request, including any provision pertaining to the type or method of mining or mining-related surface disturbances and facilities;

(5) A description of the type and extent of coal mining operations that the requestor claims to have the right to conduct, including the method of mining, any mining-related surface activities and facilities, and an explanation of how those operations would be consistent with Ohio property law;

(6) Complete documentation of the nature and ownership, as of the date the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, of all property rights for the surface and mineral estates of the land to which the request pertains;

(7) Names and addresses of the current owners of the surface and mineral estates of the land to which the request pertains;

(8) If the coal interests have been severed from other property interests, documentation that the requestor has notified and provided reasonable opportunity for the owners of other property interests in the land to which the request pertains to comment on the validity of requestor's property rights claims; and

(9) Any comments the requestor receives in response to the notification required under paragraph (B)(8) of this rule.

(C) Additional requirements for the good faith/all permits standard. If the request relies upon the good faith/all permits standard under paragraph (A)(2)(a) of rule 1501:13-3-01 of the Administrative Code, the request shall also include the following information about coal mining operations on the land to which the request pertains:

(1) Approval and issuance dates and identification numbers for any permits, licenses, and authorizations that the person requesting the determination or a predecessor in interest obtained before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code;

(2) Application dates and identification numbers for any permits, licenses, and authorizations for which the person requesting the determination or a predecessor in interest submitted an application before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code; and

(3) An explanation of any other good faith effort that the person requesting the determination or a predecessor in interest made to obtain the necessary permits, licenses, and authorizations as of the date that the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code.

(D) Additional requirements for the needed for and adjacent standard. If the request relies upon the needed for and adjacent standard under paragraph (A)(2)(b) of rule 1501:13-3-01 of the Administrative Code, the request shall also include:

(1) An explanation of how and why the land is needed for and immediately adjacent to the operation upon which the request is based; and

(2) A demonstration that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code.

(E) Requirements for roads. If the request relies upon one of the standards for roads under paragraphs (B)(1) to (B)(3) of rule 1501:13-3-01 of the Administrative Code, the request shall include satisfactory documentation that:

(1) The road existed when the land upon which it is located came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, and the requestor has a legal right to use the road for coal mining operations;

(2) A properly recorded right of way or easement for a road in that location existed when the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, and, under the document creating the right of way or easement, and under any subsequent conveyances, the requestor has a legal right to use or construct a road across that right of way or easement to conduct coal mining operations; or

(3) A valid permit for use or construction of a road in that location for coal mining operations existed when the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code.

(F) Initial review of request.

(1) The chief shall conduct an initial review to determine whether the request includes all applicable components of the submission requirements of paragraphs (B) to (E) of this rule. This review pertains only to the completeness of the request, not the legal or technical adequacy of the materials submitted.

(2) If the request does not include all applicable components of the submission requirements of paragraphs (B) to (E) of this rule, the chief shall notify the requestor and establish a reasonable time for submission of the missing information.

(3) When the request includes all applicable components of the submission requirements of paragraphs (B) to (E) of this rule, the chief shall notify the requestor that the public notice required under paragraph (G) of this rule can be published.

(4) If the information requested under paragraph (F)(2) of this rule is not provided within the time specified or as subsequently extended, the chief shall issue a determination that valid existing rights have not been demonstrated on the land upon which the request is based, as provided in paragraph (H)(4) of this rule.

(G) Public notice and opportunity to comment.

(1) After the chief determines that a request for a valid existing rights determination is complete, the requestor shall publish a notice inviting comment on the merits of the request in a newspaper of general circulation in the locality of the land to which the request pertains, and shall provide the chief with a copy of the published public notice. The notice shall include:

(a) The location of the land to which the request pertains;

(b) A description of the type of coal mining operations planned;

(c) A reference to and brief description of the applicable standard or standards for demonstrating valid existing rights under rule 1501:13-3-01 of the Administrative Code, and the following:

(i) If the request relies upon one of the standards of paragraph (A)(2) of rule 1501:13-3-01 of the Administrative Code, a description of the property rights that the requestor claims and the basis for this claim;

(ii) If the request is for a road and relies upon the standard in paragraph (B)(1) of rule 1501:13-3-01 of the Administrative Code, a description of the basis for the claim that the road existed when the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, and a description of the basis for the claim that the requestor has a legal right to use that road for coal mining operations; or

(iii) If the request is for a road and relies upon the standard in paragraph (B)(2) of rule 1501:13-3-01 of the Administrative Code, a description of the basis for the claim that a properly recorded right of way or easement for a road in that location existed when the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, and a description of the basis for the claim that, under the document creating the right of way or easement, and under any subsequent conveyances, the requestor has a legal right to use or construct a road across the right of way or easement to conduct coal mining operations;

(d) If the request relies upon one or more of the standards in paragraph (A), (B)(1) or (B)(2) of rule 1501:13-3-01 of the Administrative Code, a statement that the chief will not make a decision on the merits of the request if, by the close of the comment period under this notice or the notice required under paragraph (G)(3) of this rule, a person with a legal interest in the land initiates appropriate legal action in the proper venue to resolve any differences concerning the validity or interpretation of the deed, lease, easement, or other documents that form the basis of the claim;

(e) A description of the procedures the chief will follow in processing the request;

(f) The closing date of the comment period, which must be a minimum of thirty days after the publication date of the notice;

(g) A statement that interested persons may obtain a thirty-day extension of the comment period upon request to the chief; and

(h) The name and address of the district office where a copy of the request is available for public inspection and to which comments and requests for extension of the comment period should be sent.

(2) Upon receipt of a complete request for a valid existing rights determination and a copy of the published public notice, the chief shall provide a copy of the published public notice to:

(a) All reasonably locatable owners of surface and mineral estates in the land included in the request.

(b) The owner of the feature causing the land to come under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, and, when applicable, the agency with primary jurisdiction over the feature with respect to the values causing the land to come under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code.

(3) The letter transmitting the notice required under paragraph (G)(2) of this rule shall provide a thirty-day comment period, starting from the date of service of the letter, and specify that another thirty days is available upon request. The chief may grant additional time for good cause upon request. The chief need not necessarily consider comments received after the closing date of the comment period.

(H) Determination of the chief.

(1) The chief shall review the materials submitted under paragraphs (B) to (E) of this rule, comments received under paragraph (G) of this rule, and any other relevant, reasonably available information to determine whether the record is sufficiently complete and adequate to support a decision on the merits of the request. If not, the chief shall notify the requestor in writing, explaining the inadequacy of the record and requesting submittal, within a specified reasonable time, of any additional information the chief deems necessary to remedy the inadequacy.

(2) Once the record is complete and adequate, the chief shall determine whether the requestor has demonstrated valid existing rights. The chief's decision shall explain how the requestor has or has not satisfied all applicable elements of the standards set forth in rule 1501:13-3-01 of the Administrative Code, contain findings of fact and conclusions, and specify the reasons for the conclusions.

(3) Impact of property rights disagreements. This paragraph applies only when a request relies upon one or more of the standards in paragraphs (A), (B)(1), and (B)(2) of rule 1501:13-3-01 of the Administrative Code.

(a) The chief shall issue a determination that the requestor has not demonstrated valid existing rights if the requestor's property rights claims are the subject of pending litigation in a court or administrative body with jurisdiction over the property rights in question. The chief shall make this determination without prejudice, meaning that the requestor may re-file the request once the property rights dispute is finally adjudicated. This paragraph applies only to situations in which legal action has been initiated as of the closing date of the comment period under paragraph (G)(1) or (G)(3) of this rule.

(b) If the record indicates disagreement as to the accuracy of the requestor's property rights claims, but this disagreement is not the subject of pending litigation in a court or administrative agency of competent jurisdiction, the chief shall evaluate the merits of the information in the record and determine whether the requestor has demonstrated that the requisite property rights exist under paragraph (A)(1), (B)(1), or (B)(2) of rule 1501:13-3-01 of the Administrative Code, as appropriate. The chief shall then proceed with the decision process under paragraph (H)(2) of this rule.

(4) The chief shall issue a determination that the requestor has not demonstrated valid existing rights if the requestor does not submit information that the chief requests under paragraph (F)(2) or (H)(1) of this rule within the time specified or as subsequently extended. The chief shall make this determination without prejudice, meaning that the requestor may re-file a revised request at any time.

(5) After making a determination, the chief shall:

(a) Provide a copy of the determination, together with an explanation of appeal rights and procedures, to the requestor, to the owner or owners of the land to which the determination applies, to the owner of the feature causing the land to come under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code.

(b) Publish notice of the determination in a newspaper of general circulation in the locality in which the land is located.

(I) Administrative and judicial review. A determination by the chief that the requestor has or does not have valid existing rights is subject to administrative and judicial review under sections 1513.13 and 1513.14 of the Revised Code.

(J) Availability of records. The chief shall make a copy of a request for a determination of valid existing rights, as well as any records associated with that request and any subsequent determination under paragraph (H) of this rule, available to the public in accordance with rule 1501:13-1-10 of the Administrative Code.

(K) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-10

(A) The chief shall make available to the public for inspection and copying, at reasonable times, all documents relating to:

(1) Applications for permits, revisions, renewals, and transfers, assignments or sales of permit rights; and

(2) Inspection and enforcement actions.

(B)

(1) Copies of such records, reports, inspection materials or information obtained by the chief shall be made immediately available to the public at the local district offices of the division of mineral resources management closest to the coal mining and reclamation operations until at least five years after expiration of the period during which the subject operation is active or is covered by any portion of a reclamation performance security.

(2) To ensure compliance with paragraph (B)(1) of this rule the chief shall, at the division of mineral resources management district office responsible for inspection of the operation or, if no such office is maintained in the county where the mining is occurring or proposed to occur, at the office of the county recorder of that county or at the county office of the natural resources conservation service of the United States department of agriculture, either:

(a) Make copies of all records, reports, inspection materials, and other subject information available for public inspection; or

(b) Post for public inspection a description of the information available for mailing and a procedure for obtaining such information and, upon request, provide copies of subject information promptly by mail or electronic mail.

(i) If a resident of the area where the mining is occurring or proposed to occur makes a request under paragraph (B)(2)(b) of this rule, the division shall provide copies for no charge.

(ii) If a person other than a resident of the area where the mining is occurring or proposed to occur makes a request under paragraph (B)(2)(b) of this rule, the division shall follow the policy of the department of natural resources in charging for copies.

(C) Records which are confidential and unavailable to the public include:

(1) Information that pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on the components of such coal which are potentially toxic in the environment;

(2) Preparatory materials relating to hearings and enforcement proceedings which are investigative in nature, and information provided by an information source or witness to whom confidentiality has been promised;

(3) Information submitted to the chief if the person submitting it requests in writing at the time of submission that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information relating to the competitive rights of persons intending to conduct coal exploration; and

(4) Information on the nature and location of archeological resources as required under the Archeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq., as amended.

(D) Except as otherwise limited by paragraph (C)(1) of this rule, information pertaining to coal seams, test borings, core samplings or soil samples in an application shall be made available to any person with an interest which is or may be adversely affected.

(E) The availability of other records or documents in the possession of the chief is subject to section 149.43 of the Revised Code, Chapter 1347. of the Revised Code, and other state and federal laws as may be applicable.

(F) The chief shall provide for procedures, including notice and opportunity to be heard for persons both seeking and opposing disclosure, to maintain information required to be kept confidential under this rule separately from other portions of the permit application. This information shall be clearly identified by the applicant and submitted separately from other portions of the application.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-14

(A) The federal regulation references included in these rules can generally be found in public libraries or electronically at the website govinfo.gov/. The publishing dates for the various parts of the Code of Federal Regulations (C.F.R.) are: Title 7, January 1, 2021; Title 30, July 1, 2020; Title 40, July 1, 2020; Title 43, October 1, 2020.

(1) 7 C.F.R. Part 657;

(2) 30 C.F.R. 77.214, 77.215, 77.216, 77.216(a), 77.216-2(a), and 77.216-3;

(3) 30 C.F.R. 710.12;

(4) 30 C.F.R. Part 761;

(5) 30 C.F.R. 843.11;

(6) 30 C.F.R. Chapter VII, Subchapters D, F, and R;

(7) 40 C.F.R. Parts 122, 123, 136, 260 to 270 and 434;

(8) 43 C.F.R. Parts 3480 to 3487.

(B) The federal law references included in these rules are based on the 2018 edition of the United States Code (U.S.C.), dated January 24, 2020. These federal laws can generally be found in public libraries or electronically at the website govinfo.gov/.

(1) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., as amended;

(2) The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq.;

(3) The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq., as amended;

(4) The Bald and Golden Eagle Protection Act, 16 U.S.C. 668 et seq., as amended;

(5) The Migratory Bird Treaty Act of 1918, 16 U.S.C. 703 et seq., as amended;

(6) Section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq.;

(7) The Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended;

(8) The Occupational Safety and Health Act, 29 U.S.C. 651 et seq., as amended;

(9) The Mine Safety and Health Act, 30 U.S.C. 801 et seq., as amended;

(10) Section 518 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1268;

(11) The Clean Water Act, 33 U.S.C. 1251 et seq.;

(12) Water pollution prevention and control effluent limitations, 33 U.S.C. 1311(p);

(13) Subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(14) Section 3001 of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(15) The Clean Air Act, 42 U.S.C. 7401 et seq.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-04

(A) Upon receipt of a complete application for a coal mining and reclamation operation permit, or a complete application for revision of the boundaries of a coal mining and reclamation operation permit, the chief shall review the application to determine whether coal mining operations are limited or prohibited under rule 1501:13-3-03 of the Administrative Code on the lands which would be disturbed by the proposed operation.

(1) Where the proposed operation would be located on any lands listed in paragraph (A)(1), (A)(6), (A)(7) or (A)(8) of rule 1501:13-3-03 of the Administrative Code, the chief shall disapprove the application if the applicant cannot establish valid existing rights for the area.

(2) If the chief is unable to determine whether the proposed operation is located within the boundaries of any of the lands in paragraph (A)(1) of rule 1501:13-3-03 of the Administrative Code or closer than the limits provided in paragraphs (A)(6), (A)(7), and (A)(8) of rule 1501:13-3-03 of the Administrative Code, the chief shall transmit a copy of the relevant portions of the permit application to the appropriate federal, state, or local government agency for a determination or clarification of the relevant boundaries or distances, with a notice to the appropriate agency that it must respond within thirty days of receipt of the request.

(3) The national park service or the U.S. fish and wildlife service shall be notified of any request for a determination of valid existing rights pertaining to areas within the boundaries of areas under their jurisdiction and shall have thirty days from receipt of the notification in which to respond.

(4) The chief, upon request by the appropriate agency, shall grant an extension to the thirty-day period of an additional thirty days. If no response is received within the thirty-day period or within the extended period granted, the chief may make the necessary determination based on the information he or she has available.

(B) Where the proposed operation would include federal lands within the boundaries of any national forest and the applicant seeks a determination that mining is permissible under paragraph (A)(2) of rule 1501:13-3-03 of the Administrative Code, the applicant shall submit a permit application to the director of the office of surface mining of the U.S. department of the interior for processing under 30 C.F.R. subchapter D or a request to the director of the office of surface mining of the U.S. department of the interior for processing under 30 C.F.R. subchapter F.

(C) Where the proposed permit area includes area within one hundred feet measured horizontally of the outside right-of-way line or includes a portion or all of the right-of-way of a public road, including where the applicant proposes to relocate or close a public road, the applicant shall submit a road permit for the road or portion thereof. The issuance of a road permit shall require:

(1) The applicant to provide notice, in a newspaper of general circulation in the county of the proposed operation at least two weeks prior to the hearing required under paragraph (C)(1)(c) of this rule, that the proposed operation includes area within one hundred feet of the outside right-of-way line of the public road or includes a portion or all of the right-of-way of a public road, or that the applicant proposes to relocate or close a public road. The notice shall include:

(a) A description of the road, to include road number, location and length of road for which the road permit is being requested;

(b) A description of how the proposed mining operation will affect the road; and

(c) The date, time, and location at which the public agency with jurisdiction over the road will hold a public meeting to consider issuing the road permit;

(2) The public authority with jurisdiction over the road to provide an opportunity for a public hearing prior to issuing the road permit and, in issuing the road permit, to make a written finding within thirty days of the completion of the public hearing, based on information gathered at the hearing, that the interests of the public and the affected landowners will be protected; and

(3) The chief's approval of the procedures followed and the decision issued by the public authority.

(D) Occupied dwellings.

(1) Where the proposed permit area includes area within three hundred feet measured horizontally of any occupied dwelling, the applicant shall submit with the application, a written waiver from the owner of the dwelling consenting to such operations within a closer distance of the dwelling. The waiver must state that the owner had the legal right to deny mining and knowingly waived that right. The waiver shall be separate from a lease or deed if the lease or deed does not contain language that authorizes mining within three hundred feet of the occupied dwelling either by an explicit waiver or by a legal description of the area to be mined that contains the area within three hundred feet. The waiver shall specifically state the distance for which the waiver is being granted.

(2) Where the applicant for a permit had obtained a valid waiver prior to August 3, 1977, from the owner of an occupied dwelling to mine within three hundred feet of such dwelling, a new waiver shall not be required.

(3) Where the applicant for a permit had obtained a valid waiver from the owner of an occupied dwelling, that waiver shall remain effective against subsequent purchasers who had actual or constructive knowledge of the existing waiver at the time of purchase.

(4) A subsequent purchaser shall be deemed to have constructive knowledge if the waiver has been properly filed in public property records pursuant to Ohio laws or if the mining has proceeded to within the three hundred foot limit prior to the date of purchase.

(E) Historic places.

(1) Where the chief determines that the proposed coal mining operation will adversely affect any publicly owned park or any place included on the "National Register of Historic Places," the chief shall notify the federal, state, or local agency with jurisdiction over the park or place. The "National Register of Historic Places" is administered by the national parks service, U.S. department of the interior; its website for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html. The notification shall include:

(a) A copy of the applicable parts of the permit application, together with a request for that agency's approval or disapproval of the operation; and

(b) A notice that the agency has thirty days from receipt of the request within which to respond and that failure to interpose a timely objection will constitute approval.

(2) The chief, upon request by the appropriate agency, may grant an extension to the thirty-day period of an additional thirty days. Failure to interpose an objection within thirty days or the extended period granted shall constitute an approval of the proposed permit.

(3) A permit for the operation shall not be issued unless jointly approved by all affected agencies.

(F) If the chief determines that the proposed coal mining operation is not prohibited under section 1513.073 of the Revised Code and rules adopted thereunder, he or she may nevertheless, pursuant to appropriate petitions, designate such lands as unsuitable for all or certain types of coal mining operations.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-05 Criteria for designating areas unsuitable for coal mining operations.

(A) Criteria for designating lands as unsuitable.

(1) Upon petition, an area shall be designated as unsuitable for all or certain types of coal mining operations, if the chief determines that reclamation is not technologically and economically feasible.

(2) Upon petition, an area may be designated as unsuitable for certain types of coal mining operations, if the operations will:

(a) Be incompatible with existing state or local land use plans or programs;

(b) Affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific, or esthetic values or natural systems;

(c) Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products or of aquifers and aquifer recharge areas;

(d) Affect natural hazard lands in which the operations could substantially endanger life and property. Such lands include areas subject to frequent flooding and areas of unstable geology; or

(e) Conflict with or otherwise violate additional criteria the chief may adopt.

(B) Land exempt from designation as unsuitable for coal mining operations. The requirements of this rule do not apply to:

(1) Lands on which coal mining operations were being conducted on August 3, 1977;

(2) Lands covered by a permit issued under Chapter 1513. of the Revised Code; or

(3) Lands where substantial legal and financial commitments in coal mining operations were in existence prior to January 4, 1977.

(C) A determination by the chief that a person holds or does not hold a valid existing right or that coal mining operations did or did not exist as of August 3, 1977 may be appealed pursuant to the procedures set forth in section 1513.13 of the Revised Code.

Last updated February 27, 2023 at 9:46 AM

History

• Effective: February 12, 2009
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-06 Exploration on land designated as unsuitable for coal mining operations.

Designation of any area as unsuitable for all or certain types of coal mining operations does not prohibit coal exploration operations in the area, provided that exploration is conducted in accordance with the requirements of Chapter 1513. of the Revised Code and rules 1501:13-4-02 and 1501:13-8-01 of the Administrative Code, and that the exploration does not interfere with any value for which the area has been designated unsuitable for coal mining.

Last updated April 24, 2026 at 2:07 PM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-4-02

(A) Any person who intends to conduct coal exploration operations outside a permit area shall, prior to conducting the exploration, file with the chief a written notice of intention to explore.

(1) Except for exploration of lands designated in accordance with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining operations, if a person demonstrates and the chief finds there will be no substantial disturbance of the natural land surface as "substantially disturb" is defined in rule 1501:13-1-02 of the Administrative Code, the person may conduct coal exploration operations under a notice of intention to explore, provided that person complies with the applicable requirements of this rule.

(2) A person intending to conduct coal exploration operations that substantially disturb the natural land surface, including all exploration of lands designated in accordance with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining operations, shall, in addition to filing a written notice of intention to explore, be issued an exploration permit prior to conducting the exploration.

(B) Notice of intention to explore. The written notice required for coal exploration operations under paragraph (A) of this rule shall include:

(1) The name, address, and telephone number of the person seeking to explore;

(2) The name, address, and telephone number of the representative who will be present at and responsible for conducting the exploration activities;

(3) A description to reasonably identify the exploration area, including a map of a scale of no greater than one inch equals one thousand feet, which shall be attached to the notice of intention showing the location of the exploration area as well as access to the proposed area;

(4) A statement of the period of intended exploration;

(5) A description of the methods and equipment to be used to conduct the exploration operation;

(6) If the surface is owned by a person other than the person seeking to explore, a description of the basis upon which the person seeking to explore claims the right to enter that land for the purpose of conducting exploration and reclamation;

(7) A description of the practices that will be followed to reclaim the area and to protect the environment from the adverse impacts of the exploration operations; and

(8) A statement that the person seeking to explore believes that the exploration operations will not substantially disturb the natural land surface.

(C) The chief, or an authorized representative of the chief, shall promptly review notices of intention to explore.

For exploration operations which the person seeking to explore believes will not substantially disturb the natural land surface, the person shall give reasonable notice to the division of mineral resources management district office having jurisdiction over the exploration area of the approximate date that the exploration will begin and shall give telephone notice on the date of commencement of any exploration activities.

(1) If the chief or an authorized representative of the chief finds the exploration operations will not substantially disturb the natural land surface, he or she shall provide written notice to the person seeking to explore that the notice of intention has been reviewed and the person may begin exploration. Based on determination by the chief, exploration operations that involve only drilling activities may not be considered substantial disturbance of the natural land surface. Drilling activities that will affect lands designated in accordance with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining operations will be considered substantial disturbance.

(2) If the chief or a representative of the chief finds that the exploration operations will substantially disturb the natural land surface, he or she shall notify the person seeking to explore that the notice of intention has been reviewed and the person must submit an application for and be issued an exploration permit before beginning exploration. The chief shall, by order, issue or deny the exploration permit within a reasonable period of time.

(D) Coal exploration under an exploration permit. Any person who intends to conduct coal exploration operations outside a permit area during which more than two hundred fifty tons of coal will be removed or which will substantially disturb the natural land surface, including exploration on lands designated as unsuitable for coal mining operations, shall, prior to conducting the exploration, submit an application and obtain written approval from the chief for an exploration permit. Such exploration shall be subject to the requirements of paragraphs (E) to (L) of this rule. Each application for an exploration permit shall contain, at a minimum, the following information:

(1) The name, address, and telephone number of the applicant;

(2) The name, address and telephone number of the applicant's representative who will be present at and responsible for conducting the exploration activities;

(3) A narrative describing the proposed exploration area;

(4) A narrative description of the methods and equipment to be used to conduct the exploration and reclamation;

(5) An estimated timetable for conducting and completing each phase of the exploration and reclamation;

(6) The estimated amount of coal to be removed and a description of the methods to be used to determine the amount;

(7) If applicable, a statement of why extraction of more than two hundred fifty tons of coal is necessary for exploration;

(8) A description of:

(a) Cultural or historical resources listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html;

(b) Cultural or historical resources known to be eligible for listing on the "National Register of Historic Places," as referenced in paragraph (D)(8)(a) of this rule;

(c) Known archeological resources located within the proposed exploration area; and

(d) Any other information which the chief may require regarding known or unknown historic or archeological resources;

(9) A description of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) identified within the proposed exploration area;

(10) A description of the measures to be used to comply with rule 1501:13-8-01 of the Administrative Code;

(11) The name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored;

(12) A map or maps at a scale of 1:24,000, or larger, showing the areas of land to be disturbed by the proposed exploration and reclamation. The map shall specifically show existing roads, occupied dwellings, topographic and drainage features, bodies of surface water, and pipelines; proposed locations of trenches, roads, and other access routes and structures to be constructed; the location of proposed land excavations; the location of exploration holes or other drill holes or underground openings; the location of excavated earth or waste-material disposal areas; and the location of critical habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(13) If the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter that land for the purpose of conducting exploration and reclamation; and

(14) For any lands listed in rule 1501:13-3-03 of the Administrative Code, a demonstration that, to the extent technologically and economically feasible, the proposed exploration activities have been designed to minimize interference with the values for which those lands were designated as unsuitable for coal mining operations. The application must include documentation of consultation with the owner of the feature causing the land to come under the protection of section 1513.073 of the Revised Code and rules adopted thereunder, and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of section 1513.073 of the Revised Code and rules adopted thereunder.

(E) Public notice and opportunity to comment. Upon submittal to the chief of an administratively complete application for an exploration permit, the applicant shall place an advertisement providing public notice of the filing of the application in a newspaper of general circulation in the county of the proposed exploration area.

(1) The public notice shall state the name and address of the person seeking approval, the filing date of the application, the address of the "Division of Mineral Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229" where written comments on the application may be submitted, the closing date of the comment period, and a description of the area of exploration.

(2) Any person having an interest which is or may be adversely affected shall have the right to file written comments on the application within ten days after the date the notice was published.

(3) A copy of the newspaper advertisement of the application shall be filed with the chief and made part of the complete application. A proof of publication shall be filed with the chief prior to approval of the application.

(F) Decisions on applications for exploration.

(1) The chief, or a representative of the chief, shall promptly review and within a reasonable period of time act upon an administratively complete application for a coal exploration permit and any written comments.

(2) The chief shall approve an application for a coal exploration permit filed in accordance with this rule provided that the application is complete and accurate and the chief finds in writing that the applicant has demonstrated that the exploration and reclamation described in the application will:

(a) Be conducted in accordance with this rule, rule 1501:13-8-01 of the Administrative Code, and the applicable provisions of Chapter 1513. of the Revised Code and these rules;

(b) Not jeopardize the continued existence of an endangered or threatened species listed pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or result in the destruction or adverse modification of critical habitat of those species;

(c) Not adversely affect any cultural or historical resources listed on the "National Register of Historic Places" as referenced in paragraph (D)(8)(a) of this rule, pursuant to the National Historic Preservation Act, as amended (16 U.S.C. 470 et seq.), unless the proposed exploration has been approved by both the chief and the agency with jurisdiction over such matters; and

(d) With respect to exploration activities on any lands protected under section 1513.073 of the Revised Code and rules adopted thereunder, minimize interference, to the extent technologically and economically feasible, with the values for which those lands were designated as unsuitable for coal mining operations. Before making this finding, the chief shall provide reasonable opportunity to the owner of the feature causing the land to come under the protection of section 1513.073 of the Revised Code and rules adopted thereunder, and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of section 1513.073 of the Revised Code and rules adopted thereunder, to comment on whether the finding is appropriate.

(3) Terms of approval issued by the chief shall contain conditions necessary to ensure that the exploration and reclamation will be conducted in compliance with this rule, rule 1501:13-8-01 of the Administrative Code, Chapter 1513. of the Revised Code, and these rules.

(G) Notice of chief's decision. The chief shall notify the applicant, the appropriate local government officials, and other commenters on the application, in writing, of his or her decision on the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval. Public notice of the decision on each application shall be posted by the chief at the division of mineral resources management district office responsible for inspection of the proposed exploration operations.

(H) Coal exploration compliance duties.

(1) Any person who conducts coal exploration operations pursuant to this rule that substantially disturb the natural land surface shall comply with this rule, rule 1501:13-8-01 of the Administrative Code, Chapter 1513. of the Revised Code and these rules, and any exploration permit term or condition imposed by the chief.

(2) Any person who conducts coal exploration operations pursuant to this rule that do not substantially disturb the natural land surface shall comply with the methods and practices described in the notice of intention filed pursuant to paragraph (B) of this rule and the requirements of rule 1501:13-9-02 of the Administrative Code. In addition, this person shall notify the division of mineral resources management district office having jurisdiction over the exploration area of the date of completion of the exploration and reclamation. The notice of intent shall expire on the first anniversary of the date of its issuance, unless a request for renewal is filed with the chief at least sixty days before the expiration date.

(3) Any person who conducts any coal exploration in violation of this rule, rule 1501:13-8-01 of the Administrative Code, Chapter 1513. of the Revised Code and these rules, or any exploration permit term or condition imposed by the chief shall be subject to the provisions of section 1513.99 of the Revised Code, and rules 1501:13-14-01 to 1501:13-14-06 of the Administrative Code.

(I) Public availability of information.

(1) Except as provided in paragraph (I)(2) of this rule, all information submitted to the chief under this rule shall be made available for public inspection and copying at the local offices of the chief closest to the exploration area.

(2) Information not to be available to the public.

(a) The chief shall not make information available for public inspection if the person submitting it requests in writing, at the time of submission, that it not be disclosed and the chief determines that the information is confidential.

(b) The chief shall determine that information is confidential only if it concerns trade secrets or is privileged commercial or financial information that relates to the competitive rights of the person intending to conduct coal exploration.

(c) Information requested to be held as confidential shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.

(J) Availability of exploration permit. Each person conducting a coal exploration operation for which the required exploration permit has been issued shall, while in the exploration area, make the exploration permit available for on-site review by the authorized representative of the chief.

(K) Commercial use or sale.

(1) Except as provided under paragraph (K)(2) of this rule or parts 3480 to 3487 of Title 43 of the Code of Federal Regulations, any person who intends to commercially use or sell coal extracted during coal exploration operations under an exploration permit shall first obtain a permit to conduct surface coal mining operations for those operations from the chief under Chapter 1501:13-4 of the Administrative Code.

(2) With the prior written approval of the chief, no permit to conduct coal mining operations is required for the sale or commercial use of coal extracted during exploration operations if such sale or commercial use is for coal testing purposes only. The person conducting the exploration shall file an application for such approval with the chief. The application shall demonstrate that the coal testing is necessary for the development of a coal mining and reclamation operation for which a coal mining operations permit application is to be submitted in the near future, and that the proposed commercial use or sale of coal extracted during exploration operations is solely for the purpose of testing the coal. The application shall contain the following:

(a) The name of the testing firm and the locations at which the coal will be tested;

(b) If the coal will be sold directly to, or commercially used directly by, the intended end user, a statement from the intended end user, or if the coal is sold indirectly to the intended end user through an agent or broker, a statement from the agent or broker. The statement shall include:

(i) The specific reason for the test, including why the coal may be so different from the intended user's other coal supplies as to require testing;

(ii) The amount of coal necessary for the test and why a lesser amount is not sufficient; and

(iii) A description of the specific tests that will be conducted;

(c) Evidence that sufficient reserves of coal are available to the person conducting exploration or its principals for future commercial use or sale to the intended end user, or agent or broker of such user identified above, to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve; and

(d) An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the quality of the coal and/or the feasibility of developing a surface coal mining operation.

(L) A person adversely affected by a decision of the chief to approve or deny an exploration permit may file an appeal pursuant to section 1513.13 of the Revised Code.

(M) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-8-01

This rule shall apply only to coal exploration operations that substantially disturb the natural land surface.

(A) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values, including critical habitats of threatened species and critical habitats of species protected by state or federal law, shall not be disturbed during coal exploration operations.

(B) All roads shall comply with the applicable provisions of rule 1501:13-10-01 of the Administrative Code.

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

(D) Topsoil shall be removed, stored, and redistributed on disturbed areas as necessary to assure successful revegetation.

(E) All disturbed areas shall be revegetated in a manner that encourages prompt revegetation and recovery of a diverse, effective, and permanent vegetative cover. Revegetation shall be accomplished in accordance with the following:

(1) All disturbed lands shall be seeded or planted to the same seasonal variety native to the disturbed area. If the land use of the explored area is intensive agriculture, planting of crops normally grown will meet the requirements of this paragraph; and

(2) The vegetative cover shall be capable of stabilizing the soil surface from erosion.

(F) Use of diversions. Diversions of perennial and intermittent streams and miscellaneous flows shall be made in accordance with paragraph (F) of rule 1501:13-9-04 of the Administrative Code.

(G) Each exploration hole, borehole, or other exposed underground opening created during exploration operations shall be reclaimed in accordance with rule 1501:13-9-02 of the Administrative Code.

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

(1) Provide additional environmental data;

(2) Reduce or control on- and off-site effects of the exploration operations; or

(3) Facilitate future coal mining and reclamation operations by the person conducting the exploration operations under an approved permit.

(I) Coal exploration operations shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance in accordance with rule 1501:13-9-04 of the Administrative Code. The chief may specify additional measures which shall be adopted by the person engaged in coal exploration operations.

(J) Toxic- and acid-forming materials shall be handled and disposed of in accordance with paragraph (J) of rule 1501:13-9-14 and paragraph (J) of rule 1501:13-9-04 of the Administrative Code. The chief may specify additional measures which shall be adopted by the person engaged in coal exploration operations.

(K) If explosives are to be used in connection with a coal exploration permit, the explosives shall be used in accordance with rule 1501:13-9-06 of the Administrative Code.

(L) Notification of completion of coal exploration. The person conducting the coal exploration operations shall notify the chief:

(1) Upon completion of the exploration; and

(2) Upon completion of the reclamation of the area after exploration.

Last updated February 27, 2023 at 9:57 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-07 Procedures for designating areas unsuitable for coal mining operations.

(A) Petitions.

(1) Right to petition. Any person having an interest which is or may be adversely affected has the right to petition the chief to have an area designated as unsuitable for coal mining operations, or to have an existing designation terminated. A person having an interest which is or may be adversely affected must demonstrate how he or she meets the "injury in fact" test by describing the injury to the specific affected interests and demonstrating how he or she is among the injured.

(2) Designation. Information that a petitioner must provide is:

(a) The location and approximate size of the area covered by the petition and a U.S. geological survey topographical map outlining the perimeter of the petitioned areas;

(b) Allegations of fact and supporting evidence, covering all lands in the petition area, which tend to establish that the area is unsuitable for all or certain types of coal mining operations, assuming that contemporary mining practices required by these rules would be followed if the area were to be mined. Each allegation of fact shall be specific as to the mining operation, if known, the portion(s) of the petitioned area, and the petitioner's interests to which the allegation applies, and shall be supported by evidence that tends to establish the validity of each allegation for the mining operation or portion of the petitioned areas;

(c) A description of how mining of the area has affected or may adversely affect people, land, air, water or other resources;

(d) The petitioner's name, address, telephone number and notarized signature; and

(e) Identification of the petitioner's interest which is or may be adversely affected, including a statement demonstrating how the petitioner satisfies the requirements of paragraph (A)(1) of this rule.

(3) Termination. A petitioner must provide the following information to terminate a designation:

(a) The location and approximate size of the area covered by the petition and a U.S. geological survey topographical map outlining the perimeter of the petitioned areas to which the termination petition applies;

(b) Allegations of fact and supporting evidence covering all lands for which termination is proposed. Each allegation of fact shall be specific as to the mining operation, if any, the portions of the petitioned area, and the petitioner's interests to which each allegation applies. Each allegation shall be supported by evidence, not contained in the record of the proceeding in which the area was designated unsuitable, that tends to establish the validity of each allegation for the mining operation or portion of the petitioned area, assuming that contemporary mining practices required by these rules would be followed were the area to be mined. Allegations and supporting evidence should also be specific with regard to the basis for which the designation was made and tend to establish that the designation should be terminated based on:

(i) The nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on criteria found in paragraph (A)(2) of rule 1501:13-3-05 of the Administrative Code; or

(ii) Reclamation now being technologically and economically feasible, if the designation was based on the criteria found in paragraph (A)(1) of rule 1501:13-3-05 of the Administrative Code; or

(iii) The resources or condition not being affected by coal mining operations, or in the case of land use plans, not being incompatible with coal mining operations during and after mining, if the designation was based on the criteria found in paragraph (A)(2) of rule 1501:13-3-05 of the Administrative Code;

(c) The petitioner's name, address, telephone number and a notarized signature;

(d) Identification of the petitioner's interest which is or may be adversely affected by the continuation of the designation, including a statement demonstrating how the petitioner satisfies the requirements of paragraph (A)(1) of this rule; and

(e) For areas previously and unsuccessfully proposed for termination, significant new allegations of fact and supporting evidence must be presented in the petition.

(B) Initial processing, recordkeeping, and notification requirements.

(1) Promptly after a petition is received, the chief shall notify the general public of the receipt of the petition by a newspaper advertisement placed in the locale of the area covered by the petition, in the newspaper providing broadest circulation in the region of the petitioned area.

(2) Within thirty days of receipt of a petition, the chief shall notify the petitioner by certified mail whether or not the petition is complete under paragraph (A)(2) or (A)(3) of this rule.

(3) The chief shall determine whether any identified coal resources exist in the area covered by the petition without requiring any showing from the petitioner. If the chief finds there are not any identified coal resources in that area, he or she shall return the petition to the petitioner with a statement of the findings.

(4) The chief may reject petitions for designations and terminations of designations which are frivolous. A "frivolous petition" is one in which the allegations of harm lack serious merit. Once the requirements of paragraph (A) of this rule are met, no party shall bear any burden of proof, but each accepted petition shall be considered and acted upon by the chief pursuant to the procedures of this rule.

(5) When considering a petition for an area which was previously and unsuccessfully proposed for designation, the chief shall determine if the new petition presents new allegations of fact. If the petition does not contain new allegations of fact, the chief shall not consider the petition and shall return the petition to the petitioner, with a statement of his or her findings and a reference to the record of the previous designation proceedings where the facts were considered.

(6) If the chief determines that the petition is incomplete or frivolous, he or she shall return the petition to the petitioner, with a written statement of the reasons for the determination and the categories of information needed to make the petition complete.

(7) The chief shall notify the person who submits a complete petition of any application for a permit received which proposes to include any area covered by the petition.

(8) The chief may determine not to process any petition received insofar as it pertains to lands for which a complete permit application has been filed and the first newspaper notice has been published. Based on such a determination, the chief may issue a decision on a complete and accurate permit application and shall inform the petitioner why the chief cannot consider the part of the petition pertaining to the proposed permit area.

(9) Within three weeks after the determination that a petition is complete, the chief shall make copies of the petition available to the public. He or she shall also circulate copies of the petition to, and request submissions of relevant information from, other interested governmental agencies, the petitioner, intervenors, persons with an ownership interest of record in the property, and other persons known to the chief to have an interest in the property.

(10) Within three weeks after the determination that a petition is complete, the chief shall notify the general public of the receipt of the petition and request submissions of relevant information by a newspaper advertisement placed in the newspaper providing broadest circulation in the region of the petitioned area once a week for two consecutive weeks in the locale of the area covered by the petition.

(11) Beginning immediately after a complete petition is filed, the chief shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the chief. The chief shall make the record available for public inspection, free of charge, and copying, at reasonable cost, during all normal business hours at the division's district office for the multi-county area in which the land petitioned is located, and at the main office of the chief.

(12) Until three days before the chief holds a hearing under paragraph (C) of this rule, any person may intervene in the proceeding by filing allegations of fact, with supporting evidence, describing how the designation determination directly affects the intervenor, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address and telephone number.

(C) Hearing requirements.

(1)

(a) Within ninety days after receipt of a complete petition, the chief shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held.

(b) The hearing may be conducted with cross-examination of expert witnesses only.

(c) The chief may delay the hearing for up to an additional two hundred ten days when necessary for adequate review.

(d) A record of the hearing shall be made and preserved according to state law. No person shall bear the burden of proof or persuasion. The record shall include all relevant parts of the data base and inventory system and all public comments received during the public comment period. The record shall be considered by the chief in his or her decision on the petition.

(e) The provisions of paragraph (B)(5) of this rule shall also apply to this hearing.

(2) The chief shall give notice of the date, time, and location of the hearing to:

(a) Local, state, and federal agencies which may have an interest in the decision on the petition;

(b) The petitioner and intervenors; and

(c) Any person with an ownership or other interest known to the chief in the area covered by the petition.

(3) Notice of the hearing shall be sent by certified mail and postmarked not less than thirty days before the scheduled date of the hearing.

(4) The chief shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once a week for two consecutive weeks and once during the week prior to the hearing in the locale of the area covered by the petition. The advertisement shall begin between four to five weeks before the scheduled date of the public hearing.

(5) The chief may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.

(6) Prior to designating any land areas as unsuitable for coal mining operations, the chief shall prepare a detailed statement, using existing and available information on the potential coal resources of the area, the demand for coal resources, and the impact of such designation on the environment, the economy, and the supply of coal.

(7) In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration.

(D) Decision.

(1) In reaching his or her decision, the chief shall use:

(a) The information contained in the data base and inventory system;

(b) Information provided by other governmental agencies;

(c) The detailed statement prepared under paragraph (C)(6) of this rule; and

(d) Any other relevant information submitted during the comment period.

(2) A final written decision shall be issued by the chief, including a statement of reasons, within sixty days of completion of the public hearing, or if no public hearing is held, within twelve months after receipt of the complete petition. The chief shall simultaneously send the decision by certified mail to the petitioner, every other party of the proceeding, and to the state office of the United States office of surface mining.

(3) The decision of the chief with respect to a petition, or the failure of the chief to act within the time limits set forth in this rule, shall be subject to administrative and judicial review as provided by sections 1513.13 and 1513.14 of the Revised Code. The record made at the hearing pursuant to paragraph (C)(1) of this rule shall be considered and included in the record of this review.

(E) Data base and inventory system requirements.

(1) The chief shall develop a data base and inventory system which will permit proper evaluation of the capacity of different land areas of the state to support and permit reclamation of coal mining operations.

(2) The chief shall add to the data base and inventory system information:

(a) On potential coal resources of Ohio, demand for those resources, the environment, the economy and the supply of coal, sufficient to enable the chief to prepare the statements required by paragraph (C)(6) of this rule; and

(b) That becomes available from petitions, publications, experiments, permit applications, mining and reclamation operations, and other sources.

(3) The chief shall include in the system information relevant to the criteria in paragraph (A) of rule 1501:13-3-05 of the Administrative Code, including, but not limited to, information from the United States fish and wildlife service, the Ohio historical preservation officer, and the agency administering section 127 of the Clean Air Act as amended (42 U.S.C. 7470 et seq.).

(F) Public information. The chief shall:

(1) Make the information and data base system developed under paragraph (E) of this rule available to the public for inspection free of charge and for copying at reasonable cost. However, specific information relating to location of properties proposed to be nominated to, or listed in, the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, need not be disclosed if the chief determines that the disclosure of such information would create a risk of destruction or harm to such properties. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html; and

(2) Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of coal mining operations or to have designations terminated and describe how the inventory and data base system can be used.

(G) Implementation.

(1) The chief shall not issue permits which are inconsistent with designations made pursuant to Chapter 1501:13-3 of the Administrative Code.

(2) The chief shall maintain a map of areas designated as unsuitable for all or certain types of coal mining operations.

(3) The chief shall make available to any person any information within his or her control regarding designations, including mineral or elemental content that is potentially toxic in the environment, but not including proprietary information that pertains only to the analysis of the chemical and physical properties of the coal.

(H) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-08 Lateral support.

To provide for lateral support, no permit application shall be approved to extend any part of a pit within fifty feet of horizontal distance to an adjacent land or water unless the permittee owns either the surface or the mineral rights in and under the adjoining land or water, or the permittee has written consent from the adjoining surface and mineral owners which consent shall be filed with the permit application.

Last updated April 24, 2026 at 2:22 PM

History

• Effective: October 27, 1982
• Promulgated Under: Ch 119.

Chapter 1501:13-4 Permits

Ohio Adm.Code 1501:13-4-01 General contents requirements for permit applications.

(A) Responsibilities.

(1) Persons seeking to engage in coal mining and reclamation operations, including underground mining operations, shall submit an application for and obtain a permit for those operations in accordance with Chapters 1501:13-4, 1501:13-5, and 1501:13-6 of the Administrative Code. Persons seeking to conduct coal exploration operations shall comply with rule 1501:13-4-02 of the Administrative Code.

(2) The chief shall review each permit application, renewal, revision and notice of intention to explore, shall approve or disapprove each permit application, renewal, revision or notice of intention to explore, and shall issue, condition, suspend, or revoke exploration permits, permits, renewals, or revised permits.

(B) Coordination with requirements under other laws. The chief shall, to avoid duplication, provide for the coordination of review and issuance of permits for coal mining and reclamation operations with any other federal or state permit process applicable to these operations including, at a minimum, the applicable requirements of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act as amended (16 U.S.C. 661 et seq.), the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470 et seq.), the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 703 et seq.), and the Bald and Golden Eagle Protection Act, as amended (16 U.S.C. 668 et seq.) Where there are involved federal or Indian lands covered by the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), the chief shall provide for the coordination of review and issuance of permits for coal mining and reclamation operations with any permit process applicable to these operations under the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.)

(C) Compliance with permits. All persons shall conduct coal mining and reclamation operations under permits issued pursuant to these rules, and shall comply with the terms and conditions of the permit and the requirements of Chapter 1513. of the Revised Code.

(D) Permit applications - general requirements for format and contents.

(1) Applications for permits to conduct coal mining and reclamation operations shall be filed in the format required by the chief. The application shall be complete and include all the applicable information required under these rules.

(2) Information set forth in the application shall be current, shall be presented clearly and concisely, and shall be supported by appropriate references to technical and other written material available to the chief.

(a) All technical data submitted in the application shall be accompanied by:

(i) Names of persons or organizations which collected and analyzed such data;

(ii) Dates of the collection and analyses; and

(iii) Descriptions of methodology used to collect and analyze the data.

(b) Technical analyses shall be planned by or under the direction of a professional qualified in the subject to be analyzed.

(c) The application shall state the name, address and position of officials of each private or academic research organization or governmental agency consulted by the applicant in preparation of the application for information on land uses, soils, geology, vegetation, fish and wildlife, water quantity and quality, air quality, and archeological, cultural and historic features.

(3) Maps and plans: general requirements.

(a) Maps submitted with applications shall be presented in a consolidated format, to the extent possible, and shall include all the types of information that are set forth on topographic maps of the United States geological survey of the 1:24,000 scale series.

(b) All maps and plans submitted with the application shall distinguish among each of the phases during which surface coal mining operations were or will be conducted at any place within the life of operations. At a minimum, distinctions shall be clearly shown among those portions of the life of operations in which surface coal mining operations occurred:

(i) Prior to August 3, 1977;

(ii) After August 3, 1977, and prior to either:

(a) May 3, 1978; or

(b) In the case of an applicant or operator that obtained a small operator's exemption in accordance with 30 CFR 710.12, January 1, 1979;

(iii) After May 3, 1978 (or January 1, 1979, for operators that obtained a small operator's exemption), and prior to August 16, 1982; and

(iv) After the estimated date of issuance of a permit by the chief under Ohio's approved regulatory program.

(E) Verification of application. Applications for permits, revisions, renewals or transfers, sales or assignments of permit rights shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true and correct to the best of the official's information and belief.

(F) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-02

(A) Any person who intends to conduct coal exploration operations outside a permit area shall, prior to conducting the exploration, file with the chief a written notice of intention to explore.

(1) Except for exploration of lands designated in accordance with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining operations, if a person demonstrates and the chief finds there will be no substantial disturbance of the natural land surface as "substantially disturb" is defined in rule 1501:13-1-02 of the Administrative Code, the person may conduct coal exploration operations under a notice of intention to explore, provided that person complies with the applicable requirements of this rule.

(2) A person intending to conduct coal exploration operations that substantially disturb the natural land surface, including all exploration of lands designated in accordance with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining operations, shall, in addition to filing a written notice of intention to explore, be issued an exploration permit prior to conducting the exploration.

(B) Notice of intention to explore. The written notice required for coal exploration operations under paragraph (A) of this rule shall include:

(1) The name, address, and telephone number of the person seeking to explore;

(2) The name, address, and telephone number of the representative who will be present at and responsible for conducting the exploration activities;

(3) A description to reasonably identify the exploration area, including a map of a scale of no greater than one inch equals one thousand feet, which shall be attached to the notice of intention showing the location of the exploration area as well as access to the proposed area;

(4) A statement of the period of intended exploration;

(5) A description of the methods and equipment to be used to conduct the exploration operation;

(6) If the surface is owned by a person other than the person seeking to explore, a description of the basis upon which the person seeking to explore claims the right to enter that land for the purpose of conducting exploration and reclamation;

(7) A description of the practices that will be followed to reclaim the area and to protect the environment from the adverse impacts of the exploration operations; and

(8) A statement that the person seeking to explore believes that the exploration operations will not substantially disturb the natural land surface.

(C) The chief, or an authorized representative of the chief, shall promptly review notices of intention to explore.

For exploration operations which the person seeking to explore believes will not substantially disturb the natural land surface, the person shall give reasonable notice to the division of mineral resources management district office having jurisdiction over the exploration area of the approximate date that the exploration will begin and shall give telephone notice on the date of commencement of any exploration activities.

(1) If the chief or an authorized representative of the chief finds the exploration operations will not substantially disturb the natural land surface, he or she shall provide written notice to the person seeking to explore that the notice of intention has been reviewed and the person may begin exploration. Based on determination by the chief, exploration operations that involve only drilling activities may not be considered substantial disturbance of the natural land surface. Drilling activities that will affect lands designated in accordance with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining operations will be considered substantial disturbance.

(2) If the chief or a representative of the chief finds that the exploration operations will substantially disturb the natural land surface, he or she shall notify the person seeking to explore that the notice of intention has been reviewed and the person must submit an application for and be issued an exploration permit before beginning exploration. The chief shall, by order, issue or deny the exploration permit within a reasonable period of time.

(D) Coal exploration under an exploration permit. Any person who intends to conduct coal exploration operations outside a permit area during which more than two hundred fifty tons of coal will be removed or which will substantially disturb the natural land surface, including exploration on lands designated as unsuitable for coal mining operations, shall, prior to conducting the exploration, submit an application and obtain written approval from the chief for an exploration permit. Such exploration shall be subject to the requirements of paragraphs (E) to (L) of this rule. Each application for an exploration permit shall contain, at a minimum, the following information:

(1) The name, address, and telephone number of the applicant;

(2) The name, address and telephone number of the applicant's representative who will be present at and responsible for conducting the exploration activities;

(3) A narrative describing the proposed exploration area;

(4) A narrative description of the methods and equipment to be used to conduct the exploration and reclamation;

(5) An estimated timetable for conducting and completing each phase of the exploration and reclamation;

(6) The estimated amount of coal to be removed and a description of the methods to be used to determine the amount;

(7) If applicable, a statement of why extraction of more than two hundred fifty tons of coal is necessary for exploration;

(8) A description of:

(a) Cultural or historical resources listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html;

(b) Cultural or historical resources known to be eligible for listing on the "National Register of Historic Places," as referenced in paragraph (D)(8)(a) of this rule;

(c) Known archeological resources located within the proposed exploration area; and

(d) Any other information which the chief may require regarding known or unknown historic or archeological resources;

(9) A description of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) identified within the proposed exploration area;

(10) A description of the measures to be used to comply with rule 1501:13-8-01 of the Administrative Code;

(11) The name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored;

(12) A map or maps at a scale of 1:24,000, or larger, showing the areas of land to be disturbed by the proposed exploration and reclamation. The map shall specifically show existing roads, occupied dwellings, topographic and drainage features, bodies of surface water, and pipelines; proposed locations of trenches, roads, and other access routes and structures to be constructed; the location of proposed land excavations; the location of exploration holes or other drill holes or underground openings; the location of excavated earth or waste-material disposal areas; and the location of critical habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(13) If the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter that land for the purpose of conducting exploration and reclamation; and

(14) For any lands listed in rule 1501:13-3-03 of the Administrative Code, a demonstration that, to the extent technologically and economically feasible, the proposed exploration activities have been designed to minimize interference with the values for which those lands were designated as unsuitable for coal mining operations. The application must include documentation of consultation with the owner of the feature causing the land to come under the protection of section 1513.073 of the Revised Code and rules adopted thereunder, and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of section 1513.073 of the Revised Code and rules adopted thereunder.

(E) Public notice and opportunity to comment. Upon submittal to the chief of an administratively complete application for an exploration permit, the applicant shall place an advertisement providing public notice of the filing of the application in a newspaper of general circulation in the county of the proposed exploration area.

(1) The public notice shall state the name and address of the person seeking approval, the filing date of the application, the address of the "Division of Mineral Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229" where written comments on the application may be submitted, the closing date of the comment period, and a description of the area of exploration.

(2) Any person having an interest which is or may be adversely affected shall have the right to file written comments on the application within ten days after the date the notice was published.

(3) A copy of the newspaper advertisement of the application shall be filed with the chief and made part of the complete application. A proof of publication shall be filed with the chief prior to approval of the application.

(F) Decisions on applications for exploration.

(1) The chief, or a representative of the chief, shall promptly review and within a reasonable period of time act upon an administratively complete application for a coal exploration permit and any written comments.

(2) The chief shall approve an application for a coal exploration permit filed in accordance with this rule provided that the application is complete and accurate and the chief finds in writing that the applicant has demonstrated that the exploration and reclamation described in the application will:

(a) Be conducted in accordance with this rule, rule 1501:13-8-01 of the Administrative Code, and the applicable provisions of Chapter 1513. of the Revised Code and these rules;

(b) Not jeopardize the continued existence of an endangered or threatened species listed pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or result in the destruction or adverse modification of critical habitat of those species;

(c) Not adversely affect any cultural or historical resources listed on the "National Register of Historic Places" as referenced in paragraph (D)(8)(a) of this rule, pursuant to the National Historic Preservation Act, as amended (16 U.S.C. 470 et seq.), unless the proposed exploration has been approved by both the chief and the agency with jurisdiction over such matters; and

(d) With respect to exploration activities on any lands protected under section 1513.073 of the Revised Code and rules adopted thereunder, minimize interference, to the extent technologically and economically feasible, with the values for which those lands were designated as unsuitable for coal mining operations. Before making this finding, the chief shall provide reasonable opportunity to the owner of the feature causing the land to come under the protection of section 1513.073 of the Revised Code and rules adopted thereunder, and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of section 1513.073 of the Revised Code and rules adopted thereunder, to comment on whether the finding is appropriate.

(3) Terms of approval issued by the chief shall contain conditions necessary to ensure that the exploration and reclamation will be conducted in compliance with this rule, rule 1501:13-8-01 of the Administrative Code, Chapter 1513. of the Revised Code, and these rules.

(G) Notice of chief's decision. The chief shall notify the applicant, the appropriate local government officials, and other commenters on the application, in writing, of his or her decision on the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval. Public notice of the decision on each application shall be posted by the chief at the division of mineral resources management district office responsible for inspection of the proposed exploration operations.

(H) Coal exploration compliance duties.

(1) Any person who conducts coal exploration operations pursuant to this rule that substantially disturb the natural land surface shall comply with this rule, rule 1501:13-8-01 of the Administrative Code, Chapter 1513. of the Revised Code and these rules, and any exploration permit term or condition imposed by the chief.

(2) Any person who conducts coal exploration operations pursuant to this rule that do not substantially disturb the natural land surface shall comply with the methods and practices described in the notice of intention filed pursuant to paragraph (B) of this rule and the requirements of rule 1501:13-9-02 of the Administrative Code. In addition, this person shall notify the division of mineral resources management district office having jurisdiction over the exploration area of the date of completion of the exploration and reclamation. The notice of intent shall expire on the first anniversary of the date of its issuance, unless a request for renewal is filed with the chief at least sixty days before the expiration date.

(3) Any person who conducts any coal exploration in violation of this rule, rule 1501:13-8-01 of the Administrative Code, Chapter 1513. of the Revised Code and these rules, or any exploration permit term or condition imposed by the chief shall be subject to the provisions of section 1513.99 of the Revised Code, and rules 1501:13-14-01 to 1501:13-14-06 of the Administrative Code.

(I) Public availability of information.

(1) Except as provided in paragraph (I)(2) of this rule, all information submitted to the chief under this rule shall be made available for public inspection and copying at the local offices of the chief closest to the exploration area.

(2) Information not to be available to the public.

(a) The chief shall not make information available for public inspection if the person submitting it requests in writing, at the time of submission, that it not be disclosed and the chief determines that the information is confidential.

(b) The chief shall determine that information is confidential only if it concerns trade secrets or is privileged commercial or financial information that relates to the competitive rights of the person intending to conduct coal exploration.

(c) Information requested to be held as confidential shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.

(J) Availability of exploration permit. Each person conducting a coal exploration operation for which the required exploration permit has been issued shall, while in the exploration area, make the exploration permit available for on-site review by the authorized representative of the chief.

(K) Commercial use or sale.

(1) Except as provided under paragraph (K)(2) of this rule or parts 3480 to 3487 of Title 43 of the Code of Federal Regulations, any person who intends to commercially use or sell coal extracted during coal exploration operations under an exploration permit shall first obtain a permit to conduct surface coal mining operations for those operations from the chief under Chapter 1501:13-4 of the Administrative Code.

(2) With the prior written approval of the chief, no permit to conduct coal mining operations is required for the sale or commercial use of coal extracted during exploration operations if such sale or commercial use is for coal testing purposes only. The person conducting the exploration shall file an application for such approval with the chief. The application shall demonstrate that the coal testing is necessary for the development of a coal mining and reclamation operation for which a coal mining operations permit application is to be submitted in the near future, and that the proposed commercial use or sale of coal extracted during exploration operations is solely for the purpose of testing the coal. The application shall contain the following:

(a) The name of the testing firm and the locations at which the coal will be tested;

(b) If the coal will be sold directly to, or commercially used directly by, the intended end user, a statement from the intended end user, or if the coal is sold indirectly to the intended end user through an agent or broker, a statement from the agent or broker. The statement shall include:

(i) The specific reason for the test, including why the coal may be so different from the intended user's other coal supplies as to require testing;

(ii) The amount of coal necessary for the test and why a lesser amount is not sufficient; and

(iii) A description of the specific tests that will be conducted;

(c) Evidence that sufficient reserves of coal are available to the person conducting exploration or its principals for future commercial use or sale to the intended end user, or agent or broker of such user identified above, to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve; and

(d) An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the quality of the coal and/or the feasibility of developing a surface coal mining operation.

(L) A person adversely affected by a decision of the chief to approve or deny an exploration permit may file an appeal pursuant to section 1513.13 of the Revised Code.

(M) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-14

(A) The federal regulation references included in these rules can generally be found in public libraries or electronically at the website govinfo.gov/. The publishing dates for the various parts of the Code of Federal Regulations (C.F.R.) are: Title 7, January 1, 2021; Title 30, July 1, 2020; Title 40, July 1, 2020; Title 43, October 1, 2020.

(1) 7 C.F.R. Part 657;

(2) 30 C.F.R. 77.214, 77.215, 77.216, 77.216(a), 77.216-2(a), and 77.216-3;

(3) 30 C.F.R. 710.12;

(4) 30 C.F.R. Part 761;

(5) 30 C.F.R. 843.11;

(6) 30 C.F.R. Chapter VII, Subchapters D, F, and R;

(7) 40 C.F.R. Parts 122, 123, 136, 260 to 270 and 434;

(8) 43 C.F.R. Parts 3480 to 3487.

(B) The federal law references included in these rules are based on the 2018 edition of the United States Code (U.S.C.), dated January 24, 2020. These federal laws can generally be found in public libraries or electronically at the website govinfo.gov/.

(1) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., as amended;

(2) The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq.;

(3) The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq., as amended;

(4) The Bald and Golden Eagle Protection Act, 16 U.S.C. 668 et seq., as amended;

(5) The Migratory Bird Treaty Act of 1918, 16 U.S.C. 703 et seq., as amended;

(6) Section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq.;

(7) The Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended;

(8) The Occupational Safety and Health Act, 29 U.S.C. 651 et seq., as amended;

(9) The Mine Safety and Health Act, 30 U.S.C. 801 et seq., as amended;

(10) Section 518 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1268;

(11) The Clean Water Act, 33 U.S.C. 1251 et seq.;

(12) Water pollution prevention and control effluent limitations, 33 U.S.C. 1311(p);

(13) Subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(14) Section 3001 of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(15) The Clean Air Act, 42 U.S.C. 7401 et seq.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-02

As used in Chapters 1501:13-1 to 1501:13-14 of the Administrative Code:

(A) "Abatement plan" means any individual technique or combination of techniques, the implementation of which may result in reduction of the base line pollution load. Abatement techniques may include but are not limited to best management practices such as: addition of alkaline material, daylighting old underground mines, special plans for managing toxic- and acid-forming material, regrading, and revegetation.

(B) "Acid drainage" means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned coal mine and reclamation operation or from an area affected by coal mining and reclamation operations.

(C) "Acid-forming materials" means earth materials that contain sulfide mineral or other materials which, if exposed to air, water, or weathering processes, will form acids that may create acid drainage.

(D) "Acid water" means any waters, the pH of which, as determined by standard methods, is less than 6.0.

(E) "Adjacent area" means the area outside the affected area or permit area where air, surface or ground water, fish, wildlife, vegetation or other resources protected by Chapter 1513. of the Revised Code, determined according to the context in which "adjacent area" is used, are or reasonably could be expected to be adversely affected by proposed coal mining and reclamation operations including probable impacts from underground workings. With respect to underground mining operations, "adjacent area" shall include, at a minimum, the surface areas above full coal recovery areas.

(F) "Affected area" means any land or water surface area which is used to facilitate, or is physically altered by, coal mining and reclamation operations.

(1) The affected area includes:

(a) The disturbed area;

(b) Any area upon which coal mining and reclamation operations are conducted;

(c) Any adjacent lands the use of which is incidental to coal mining and reclamation operations;

(d) All areas covered by new or existing roads used to gain access to, or for hauling coal to or from coal mining and reclamation operations, but may not include public roadways, provided that:

(i) The public roadway was in existence prior to the application for the permit;

(ii) The effect on the public roadway from mining use will be minor; and

(iii) The public roadway is incidentally, rather than directly, part of the mining operation;

(e) Any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, shipping areas; and

(f) Any areas upon which are sited structures, facilities, or other property material on the surface resulting from, or incident to, coal mining and reclamation operations.

(2) The affected area does not include surface disturbance attributable solely to underground mine subsidence, provided that this exception shall not be construed as a limitation on the authority of the chief or his or her authorized representative to require submission of information about, or take enforcement or other actions in regard to, subsidence disturbances and conditions existing in areas overlying underground workings before, during, and after mining, which areas are not within the permit or affected area.

(G) "Alternative financial security" means a trust fund, a standby trust fund, or other similar agreement or mechanism for the benefit of the state, enforceable under law and approved by the chief, that assures sufficient funds are available and devoted solely to the purpose of providing and maintaining long-term water treatment or a long-term alternative water supply, as applicable, for permits the chief determines require alternative financial security under division (F)(8) of section 1513.16 of the Revised Code.

(H) "Angle of draw" means the angle with the vertical, made by a straight line extending away from the edge of the mined-out area to the ground surface, spanning the horizontal distance in which subsidence may occur.

(I) "Applicant" means any person seeking a permit, permit renewal or revision to a permit, or a transfer, assignment or sale of permit rights from the chief to conduct coal mining and reclamation operations.

(J) "Application" means the documents and other information filed with the chief under Chapter 1513. of the Revised Code, and rules adopted thereunder, for the issuance of a permit, permit renewal or revision to a permit, or for a transfer, assignment or sale of permit rights for coal mining and reclamation operations.

(K) "Approximate original contour" means that surface configuration achieved by backfilling and grading of a mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. Permanent water impoundments may remain where the chief determines that they are in compliance with division (A)(8) of section 1513.16 of the Revised Code.

(L) "Aquifer" means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use.

(M) "Area mining" means a method of surface coal mining that involves making a series of parallel mining cuts against the highwall created from the initial mining cut. Spoil from each subsequent cut is placed in the preceding cut where coal has been removed and, as a result, area mining forms a series of parallel spoil ridges. Area mining along the contour differs from contour mining in that at least three successive parallel cuts are made from the initial cut.

(N) "Auger mining" means a method of mining coal at a highwall by drilling holes or cutting into an exposed coal seam from the highwall and transporting the coal along an auger bit or by conveyors or other means to the surface.

(O) "Backfill" or "backfilling" means to fill an excavation or pit with material to a predetermined configuration by reducing the peaks, valleys, and outslopes of the spoil, and filling the cut.

(P) "Base line pollution load" means the characterization of the material being discharged from or on the pollution abatement area, described in terms of mass loading for net acidity, total iron, total manganese, and total suspended solids, including seasonal variations and variations in response to precipitation events.

(Q) "Best available technology economically achievable" means measures and practices which will abate or ameliorate to the maximum extent possible pollution discharges from or on the pollution abatement area. These measures include engineering, geochemical or other applicable practices.

(R) "Best management practice" means a practice implemented during the mining and reclamation of remining sites that is designed to reduce, if not completely eliminate, the pre-existing water pollution problems. Best management practices are tailored to specific mining operations based largely on pre-existing site conditions, hydrology, and geology. Best management practices are designed to function in a physical and/or geochemical manner to reduce pollution loadings. These best management practices may include engineering, geochemical materials handling, daylighting, regrading, revegetation, diversion ditches or other applicable practices.

(S) "Best technology currently available" means equipment, devices, systems, methods, or techniques which:

(1) Will prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable state or federal laws;

(2) Will minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife, and related environmental values, and achieve enhancement of those resources where practicable; and

(3) Are currently available anywhere as determined by the chief. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of sedimentation ponds.

(T) "Cemetery" means any area of land where human bodies are interred.

(U) "Chief" means chief of the division of mineral resources management.

(V) "Coal exploration" means the field gathering of environmental data and surface or subsurface geologic, physical, or chemical data by trenching, drilling or other techniques that disturb the natural land surface and that are necessary to determine the quality and quantity of overburden and coal of an area.

(W) "Coal exploration permit" means a permit to conduct coal exploration operations that substantially disturb the natural land surface, issued by the chief pursuant to section 1513.072 of the Revised Code.

(X) "Coal mine waste" means coal processing waste and underground development waste.

(Y) "Coal mining and reclamation operations" means coal mining operations and all activities necessary and incidental to the reclamation of such operations.

(Z) "Coal mining operation" means:

(1) Activities conducted on the surface of lands in connection with a coal mine, the removal of coal from coal refuse piles, and surface impacts incident to an underground coal mine. Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining; the use of explosives and blasting; in situ distillation or retorting; leaching or other chemical or physical processing; and the cleaning, concentrating, or other processing or preparation of coal. Such activities also include the loading of coal at or near the mine site. Such activities do not include the following:

(a) The extraction of coal incidental to the extraction of other minerals if the weight of coal extracted is less than one-sixth the total weight of minerals removed, including coal;

(b) The extraction of coal as an incidental part of federal, state, or local highway or other government-financed construction when approved by the chief; or

(c) Coal exploration subject to section 1513.072 of the Revised Code; and

(2) The areas upon which such activities occur or where such activities disturb the natural land surface. Such areas include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or improvement or use of existing roads to gain access to the site of such activities, and for hauling, excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities. Separation by a stream, roadway, or utility easement does not preclude two or more contiguous tracts of land from being considered contiguous.

(AA) "Coal preparation" means chemical or physical processing and the cleaning, concentrating, or other processing or preparation of coal.

(BB) "Coal preparation plant" means a facility where coal is subjected to chemical or physical processing or cleaning, concentrating, or other processing or preparation. It includes facilities associated with the coal preparation plant, including, but not limited to, the following: loading facilities; storage and stockpile facilities; sheds, shops, and other buildings; water treatment and water storage facilities; settling basins and impoundments; and coal processing and other waste disposal areas.

(CC) "Coal processing waste" means earth materials which are wasted or otherwise separated from the product coal after physical or chemical processing, cleaning, or concentrating of coal.

(DD) "Collateral bond" means an indemnity agreement in a sum certain payable only to the state and executed by the permittee or applicant as principal which is supported by one or more of the following:

(1) The deposit of cash in one or more federally insured accounts, payable only to the state upon demand;

(2) Negotiable bonds of the United States or the state of Ohio endorsed to the order of, and placed in the possession of, the state;

(3) Negotiable certificates of deposit, payable to, and in possession of, the state;

(4) An irrevocable letter of credit of any bank organized or authorized to transact business in the state of Ohio, payable only to the state upon presentation by the chief; or

(5) A trust fund naming the state as primary beneficiary in an amount sufficient to complete the reclamation plan for any and all areas that may be in default at any time and devoted solely to the purpose of providing performance security in accordance with these rules.

(EE) "Combustible material" means organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.

(FF) "Community or institutional building" means any building other than a public building or an occupied dwelling, which:

(1) Is used primarily for meetings, gatherings, or functions of local civic organizations or other community groups;

(2) Functions as an educational, cultural, historic, religious, scientific, correctional, mental health, or physical health care facility; or

(3) Is used for public services, including, but not limited to, water supply, power generation or sewage treatment.

(GG) "Compaction" means increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or roller loads from heavy equipment.

(HH) "Complete application" means an application for the issuance of a permit, permit renewal or revision to a permit, or for a transfer, assignment or sale of permit rights for coal mining and reclamation operations which contains all the information required under Chapter 1513. of the Revised Code and these rules and necessary to initiate processing and public review.

(II) "Contour mining" means a method of surface coal mining that involves making an initial mining cut along the contour of a hillside to the maximum highwall height and then making subsequent cuts along the same contour, placing spoil in the preceding cut where the coal has been removed.

(JJ) "Cropland" means land used for the production of cultivated crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land will not be considered as having been used for the production of cultivated crops on the basis of use as woodland or rangeland, or where the only cultivation has been disking to establish or help maintain grass used as a forage, or where the only cultivation has been disking to plant small grain for a quick cover to be used as forage and not as a grain crop.

(KK) "Cumulative hydrologic impact assessment" means the assessment of the probable cumulative impact of all anticipated mining in the general and adjacent area upon the hydrologic balance of the area and particularly upon water availability.

(LL) "D permit" means a permit issued pursuant to an application filed with the division of mineral resources management pursuant to section 1513.07 of the Revised Code, effective September 1, 1981.

(MM) "Developed spring" means a spring regularly being used for domestic or agricultural purposes.

(NN) "Disturbed area" means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by coal mining operations. Those areas are classified as disturbed until reclamation is complete and the performance security or other assurance of performance required by section 1513.08 of the Revised Code is released.

(OO) "Diversion" means a channel, embankment, or other man-made structure constructed for the purpose of diverting water from one area to another.

(PP) "Downslope" means the land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor.

(QQ) "Drainage plan" means a description or illustration of the method of collection, treatment, and discharge of all or any of the waters within, flowing onto, or being discharged from the permit area.

(RR) "Effluent limitations" means a specific, numeric, measurable set of limits on the amount of various pollutants that are placed on point source discharges through the national pollutant discharge elimination system (NPDES). For a remining NPDES permit that uses non-numeric limitations, "effluent limitations" means the best management practice as required under that NPDES permit.

(SS) "Embankment" means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or for other similar purposes.

(TT) "Engineer" means a professional engineer registered in accordance with the requirements of Chapter 4733. of the Revised Code.

(UU) "Ephemeral stream" means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local water table.

(VV) "Excess spoil" means spoil material disposed of in a location other than the mined-out area, except that spoil material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain in non-steep slope areas shall not be considered excess spoil, provided that the blending will be done in accordance with paragraph (E) of rule 1501:13-9-14 of the Administrative Code.

(WW) "Existing structure" means a structure or facility used in connection with or to facilitate coal mining and reclamation operations for which construction began prior to August 16, 1982.

(XX) "Forfeiture of performance security" means that the chief shall proceed against the permittee in the manner set forth in rule 1501:13-7-06 of the Administrative Code.

(YY) "Fragile lands" means areas containing natural, ecologic, scientific, or esthetic resources that could be significantly damaged by coal mining operations. Examples of fragile lands include valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, paleontological sites, national natural landmarks, areas where mining may result in flooding, environmental corridors containing a concentration of ecologic and esthetic features, and areas of recreational value due to high environmental quality.

(ZZ) "Fugitive dust" means that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or coal mining and reclamation operations or both. During coal mining and reclamation operations it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed.

(AAA) "Full coal recovery" means recovery of a high percentage of the in-place coal reserve by pillar removal, longwall mining, or other underground mining method in which support is removed from the roof of the mine under a large enough area that a full or partial collapse or subsidence of the mine roof is planned as part of the method of mining.

(BBB) "General area" means, with respect to hydrology, the topographic and ground-water basin in and surrounding a permit area which is of sufficient size to include the area to be affected by all anticipated mining activities, including one or more watersheds containing perennial streams and ground-water zones, and to allow assessment of the probable cumulative impacts on the quality and quantity of surface and ground-water systems in the basins. Anticipated mining shall include, at a minimum, the entire projected lives, through performance security releases, of:

(1) The proposed operation;

(2) All existing operations; and

(3) Any operation for which a permit application has been submitted to the chief.

(CCC) "Grading" means the shaping of material to conform to the approved mining and reclamation plan.

(DDD) "Ground water" means subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated.

(EEE) "Head-of-hollow fill" means a fill structure consisting of any material, other than organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow, measured at the steepest point, are greater than twenty degrees or the average slope of the profile of the existing hollow from the toe of the fill to the top of the fill is greater than ten degrees. In head-of-hollow fills the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.

(FFF) "Higher or better uses" means postmining land uses that have a higher economic value or nonmonetary benefit to the landowner or the community than the premining land uses.

(GGG) "Highwall" means the face of exposed overburden and coal in an open cut of a coal mining operation or for entry to underground mining operations.

(HHH) "Highwall remnant" means that portion of a highwall that remains after backfilling and grading of a remining permit area.

(III) "Historic lands" means areas containing historic, cultural, or scientific resources. Examples of historic lands include archeological sites, properties listed on or eligible for listing on a state or national register of historic places, national historic landmarks, properties having religious or cultural significance to native Americans or religious groups, and properties for which historic designation is pending.

(JJJ) "Historically used for cropland" means:

(1) Lands that have been used for cropland for any five years or more out of the ten years immediately preceding the acquisition, including purchase, lease, or option, of the land for the purpose of conducting or allowing through resale, lease or option the conduct of coal mining and reclamation operations;

(2) Lands that the chief determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific five-years-in-ten criterion, in which case the regulations for prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved; or

(3) Lands that would likely have been used as cropland for any five out of the last ten years, immediately preceding such acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land.

(KKK) "Hydrologic balance" means the relationship between the quality and quantity of inflow to, outflow from, and storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the quantity and quality relationships between precipitation, runoff, evaporation, and the change in ground and surface water storage.

(LLL) "Hydrologic regime" means the entire state of water movement in a given area. It is a function of the climate, and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form and falls as precipitation, moves then along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration.

(MMM) "Imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirements of Chapter 1513. of the Revised Code or these rules in a coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury exists if a rational person, subjected to the same condition or practice giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement.

(NNN) "Impounding structure" means a dam, embankment or other structure used to impound sediment, water, slurry, or other liquid or semi-liquid material.

(OOO) "Impoundments" means all water, sediment, slurry or other liquid or semi-liquid holding structures and depressions, either naturally formed or artificially built.

(PPP) "Incremental area" for a particular permit year applies only to permits for which the applicant or permittee provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code and means:

(1) That area within the permit area which the permittee affects by coal mining and reclamation operations in the particular permit year and which the permittee does not intend to affect in the coming permit year; and

(2) In the permit year in which mining operations are completed on the permit area, all of the affected area not already designated as an incremental area under paragraph (A)(6)(a) of rule 1501:13-7-01 of the Administrative Code.

(QQQ) "Incremental mining unit" applies only to permits for which the applicant or permittee provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code. Incremental mining unit means an area within a permit of sufficient size and configuration to provide for efficient mining and reclamation operations, subject to approval by the chief, where mining and reclamation activities are authorized by the chief and a specific amount of performance security has been determined by the chief pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code.

(RRR) "In situ processes" means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining.

(SSS) "Intermittent stream" means a stream that is below the local water table and flows for at least some part of the year, and obtains its flow from both surface runoff and ground water discharge.

(TTT) "Knowing" or "knowingly" means, except where the context indicates otherwise, that a person who authorized, ordered, or carried out an act or omission knew or had reason to know that the act or omission would result in either a violation or a failure to abate or correct a violation.

(UUU) "Lands eligible for remining" means those lands that would otherwise be eligible for expenditures under section 1513.37 of the Revised Code.

(VVV) "Leachate" means a liquid that has percolated through soil, rock, or waste and has extracted dissolved or suspended materials.

(WWW) "Monitoring" means the collection of environmental data by either continuous or periodic sampling methods.

(XXX) "Mountaintop removal mining" means coal mining operations in which the mining operation removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill except as otherwise provided for in paragraph (B)(1) of rule 1501:13-13-04 of the Administrative Code, by removing substantially all of the overburden off the bench and creating a level plateau or a gently rolling contour, with no highwalls remaining, and capable of supporting postmining land uses in accordance with the requirements of paragraph (C) of rule 1501:13-4-12 of the Administrative Code.

(YYY) "MSHA" means the mine safety and health administration.

(ZZZ) "Mulch" means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing conditions suitable for germination and growth.

(AAAA) "National pollutant discharge elimination system" and "NPDES" means the national permit program authorized under the Clean Water Act, 33 U.S.C. 1251 et seq., that controls water pollution by regulating point sources that discharge pollutants into waters of the United States.

(BBBB) "Natural hazard lands" means geographic areas in which natural conditions exist which pose or, as a result of coal mining operations, may pose a threat to the health, safety, or welfare of people, property or the environment, including areas subject to landslides, cave-ins, severe wind or soil erosion, frequent flooding, avalanches, and areas of unstable geology.

(CCCC) "Non-commercial building" means any building, other than an occupied residential dwelling, that, at the time the subsidence occurs, is used on a regular or temporary basis as a public building or community or institutional building as those terms are defined in this rule. Any building used only for commercial agricultural, industrial, retail or other commercial enterprises is excluded.

(DDDD) "Notice of intention to explore" means the documents and other information filed with the chief for coal exploration, pursuant to section 1513.072 of the Revised Code and rule 1501:13-4-02 of the Administrative Code.

(EEEE) "Noxious plants" means species that have been included on the official list of noxious plants for the state of Ohio.

(FFFF) "Occupied dwelling" means any building that is currently being used on a regular or temporary basis for human habitation.

(GGGG) "Occupied residential dwelling and structures related thereto" means, for purposes of rule 1501:13-12-03 of the Administrative Code, any building or other structure that, at the time the subsidence occurs, is used either temporarily, occasionally, seasonally, or permanently for human habitation. This term also includes any building, structure or facility installed on, above or below, or a combination thereof, the land surface if that building, structure or facility is adjunct to or used in connection with an occupied residential dwelling. Examples of such structures include, but are not limited to, garages; storage sheds and barns; greenhouses and related buildings; utilities and cables; fences and other enclosures; retaining walls; paved or improved patios, walks and driveways; septic sewage treatment facilities; and lot drainage and lawn and garden irrigation systems. Any structure used only for commercial agricultural, industrial, retail or other commercial purposes is excluded.

(HHHH) "Operation" means coal mining operation.

(IIII) "Operator" means any person conducting a coal mining operation and includes the permittee if the permittee is conducting the mining operation or a contract operator if a person under contract with the permittee is conducting the mining operation.

(JJJJ) "Overburden" means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.

(KKKK) "Perennial stream" means a stream or a part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or surface runoff. The term does not include intermittent stream or ephemeral stream.

(LLLL) "Performance security" means a form of financial assurance, including a surety bond; a collateral bond; or a combination thereof, by which a permittee assures faithful performance of all the requirements of Chapter 1513. of the Revised Code, division 1501:13 of the Administrative Code, and the requirements of the permit and reclamation plan.

(MMMM) "Permanent diversion" means a diversion remaining after coal mining and reclamation operations are completed which has been approved for retention by the chief.

(NNNN) "Permanent impoundment" means an impoundment which is approved by the chief and, if required, by other state and federal agencies for retention as part of the postmining land use.

(OOOO) "Permit" means a permit to conduct coal mining and reclamation operations issued by the chief pursuant to section 1513.07 or 1513.074 of the Revised Code.

(PPPP) "Permit area" means the area of land to be affected indicated on the approved map submitted by the applicant or operator with the application required by section 1513.07 or 1513.074 of the Revised Code. This area shall include, at a minimum, all areas which are or will be affected by the coal mining and reclamation operations during the term of the permit. With respect to underground mining operations, "permit area" shall not include those surface areas overlying underground workings and not included within the affected area.

(QQQQ) "Permit year" means the year beginning on the date on which the permit was issued or the year beginning on any yearly anniversary of the permit issuance. Permit years are identified by sequence. For example, the permit year beginning on the date the permit was issued is the "first permit year," the permit year beginning on the first yearly anniversary of the permit is the "second permit year," and so on.

(RRRR) "Permittee" means a person holding or required by Chapter 1513. of the Revised Code to hold a permit.

(SSSS) "Person" means an individual, partnership, corporation, business trust, estate, trust, association or other legal entity, or any political subdivision, instrumentality or agency of the state or the United States.

(TTTT) "Person having an interest which is or may be adversely affected or person with a valid legal interest" means any person:

(1) Who uses any resource of economic, recreational, esthetic, or environmental value that may be adversely affected by coal exploration or coal mining and reclamation operations or any related action of the chief; or

(2) Whose property is or may be adversely affected by coal exploration or coal mining and reclamation operations or any related action of the chief.

(UUUU) "Pit" or "strip mine pit" means that part of the operation prior to backfilling from which coal is being or has been removed from its natural state.

(VVVV) "Point source discharge" means any discernible, confined or discrete conveyance from which a pollutant is, or may be, discharged to the waters of the state.

(WWWW) "Pollution abatement area" means that part or parts of the permit area which are causing or contributing to the base line pollution load, and which must be affected to bring about potential improvement of the base line pollution load, and which may include the immediate location of the discharge(s). The pollution abatement area shall include, to the extent practicable, areas within the permit area which are adjacent to and nearby the remining operation and which also must be affected to reduce the pollution load of the pre-existing discharges, and may include the immediate location of the pre-existing discharges.

(XXXX) "Precipitation event" means a quantity of water resulting from drizzle, rain, snow, sleet, hail, or that quantity of water emanating from snow cover as snowmelt in a limited period of time.

(YYYY) "Pre-existing discharge" means a discharge from surface or subsurface waters which is located on previously mined area as defined in this rule. This term shall include a pre-existing discharge that is relocated as a result of the implementation of best management practices in the permit.

(ZZZZ) "Previously mined area" means land affected by coal mining operations prior to August 3, 1977 that has not been reclaimed to the standards of Chapter 1513. of the Revised Code, as effective September 1, 1981 and thereafter.

(AAAAA) "Prime farmland" means those lands that both:

(1) Are defined by the secretary of agriculture in 7 C.F.R. 657; and

(2) Have been historically used for cropland.

(BBBBB) "Principal shareholder" means any person who is the record or beneficial owner of ten per cent or more of any class of voting stock.

(CCCCC) "Probable hydrologic consequences" means the projected result of proposed coal mining and reclamation operations which may reasonably be expected to change the quantity or quality of the surface and ground water, the flow, timing, or pattern of the surface and ground water, and the stream channel conditions on the permit area and adjacent area.

(DDDDD) "Productivity" means the vegetative yield produced by a unit area for a unit of time.

(EEEEE) "Property to be mined" means the surface estates and mineral estates within the permit area. For those areas covered by underground workings, "property to be mined" means the mineral estates to be mined and the surface estates.

(FFFFF) "Public building" means any building that is owned by a public agency or used primarily for public business or meetings.

(GGGGG) "Public park" means an area or portion of an area dedicated or designated by any federal, state, or local agency primarily for public recreational use, whether or not such is limited to certain times or days, including any land leased, reserved, or held open to the public because of that use.

(HHHHH) "Public roadway" means a road which is:

(1) Designated as a public road in the jurisdiction within which it is located;

(2) Constructed in a manner consistent with other public roads within the jurisdiction within which it is located;

(3) Regularly maintained with public funds; and

(4) Subject to, and available for, substantial use by the public.

(IIIII) "Publicly owned park" means a public park that is owned by a federal, state or local governmental entity.

(JJJJJ) "Reasonably available spoil" means spoil and suitable coal mine waste material generated by the remining operation or other spoil or suitable coal mine waste material located in the permit area and in the immediate vicinity of the permit area that is accessible and available for use and that, when rehandled, will not cause a hazard to public safety or significant damage to the environment.

(KKKKK) "Recharge capacity" means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.

(LLLLL) "Receiving water" means the specific water body of the waters of the state into which point and non-point sources flow.

(MMMMM) "Reclamation" means those actions taken to restore mined land as required by Chapter 1513. of the Revised Code to a postmining land use approved by the chief.

(NNNNN) "Recurrence interval" means the interval of time in which a precipitation event is expected to occur once, on the average. Magnitude of such events are as defined by the "National Weather Service Technical Paper No. 40, Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments or equivalent regional or rainfall probability information developed therefrom. This technical report is available from NOAA's national weather service website www.nws.noaa.gov/ohd/hdsc/currentpf.htm.

(OOOOO) "Refuse pile" means a surface deposit of coal mine waste that does not impound water, slurry, or other liquid or semi-liquid material.

(PPPPP) "Remining" means conducting coal mining and reclamation operations which affect previously mined areas.

(QQQQQ) "Remining NPDES permit" means a national pollutant discharge elimination system permit issued by the Ohio environmental protection agency for a discharge which is in compliance with the permit requirements of 33 U. S.C. section 1311(p).

(RRRRR) "Renewable resource lands" means aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber, and grazing lands.

(SSSSS) "Replacement of water supply" means, with respect to a protected water supply contaminated, diminished, or interrupted by a surface or underground coal mining operation, provision of a water supply on both a temporary and permanent basis equivalent to premining quality and quantity. Replacement includes provision of an equivalent water delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for the premining water supply.

(1) Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.

(2) If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water supply owner.

(TTTTT) "Road" means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or coal mining and reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches and surface. The term includes any access or haul road constructed, used, reconstructed, improved, or maintained for use in coal exploration or within the affected area of coal mining and reclamation operations, including use by coal hauling vehicles leading to transfer, processing, or storage areas. The term does not include ramps and routes of travel within the mining area or within spoil or coal mine waste disposal areas. The term may not include public roadways outside the permitted area, provided that the public roadway was in existence prior to the application for the permit, the effect on the public roadway from mining use will be minor, and the public roadway is incidentally, rather than directly, part of the mining operation.

(UUUUU) "Rules promulgated thereunder," "rules adopted thereunder," or "these rules" means all rules contained in Chapters 1501:13-1 to 1501:13-14 of the Administrative Code.

(VVVVV) "Runoff" means the overland flow caused by excess rainfall.

(WWWWW) "Safety factor" means the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.

(XXXXX) "Sediment" means undissolved organic and inorganic material transported or deposited by water.

(YYYYY) "Sedimentation pond" means an impoundment used to remove solids from water in order to meet water quality standards or effluent limitations before the water leaves the permit area.

(ZZZZZ) "Shadow area" means the surface areas above the underground workings and surface areas that are within the angle of draw of such workings.

(AAAAAA) "Significant, imminent environmental harm to land, air or water resources" means:

(1) An environmental harm is an adverse impact on land, air, or water resources which resources include, but are not limited to, plant and animal life.

(2) An environmental harm is imminent, if a condition, practice, or violation exists which:

(a) Is causing such harm; or

(b) May reasonably be expected to cause such harm at any time before the end of the reasonable abatement time that would be set under section 1513.02 of the Revised Code.

(3) An environmental harm is significant if that harm is appreciable and not immediately reparable.

(BBBBBB) "Slope" means average inclination of a surface, measured from the horizontal.

(CCCCCC) "Soil horizons" means contrasting layers of soils parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The four master soil horizons are:

(1) "A horizon." The uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest;

(2) "E horizon." The layer commonly near the surface below an A horizon and above a B horizon. An E horizon is most commonly differentiated from an overlying A horizon by lighter color and generally has measurably less organic matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these properties;

(3) "B horizon." The layer that typically is immediately beneath the E horizon. This middle layer commonly contains more clay, iron, or aluminum than the A, E or C horizon; and

(4) "C horizon." The deepest layer of the soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.

(DDDDDD) "Soil survey" means a field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. Soil surveys must meet the standards of the national cooperative soil survey.

(EEEEEE) "Spoil" means overburden that has been removed during coal mining operations, including underground development materials, but does not include topsoil.

(FFFFFF) "Stabilize" means any method used to control movement of soil, spoil piles, or areas of disturbed earth and includes, but is not limited to, increasing bearing capacity, increasing shear strength, draining, compacting or revegetating.

(GGGGGG) "Subirrigation" means the supplying of water to plants from underneath or from a semisaturated or saturated subsurface zone where water is available for use by vegetation.

(HHHHHH) "Subsoil" means the B and C horizons or, in instances where the area has been disturbed by agricultural practices, that soil below the soil ordinarily moved in the tillage or its equivalent in uncultivated soil.

(IIIIII) "Substantial legal and financial commitments in a coal mining operation" means significant investments that have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction or storage facilities and other capital-intensive activities. An example would be an existing mine, not actually producing coal, but in a substantial stage of development prior to production. Costs of acquiring the coal in place or of the right to mine it without an existing mine, as described in the above example, alone are not sufficient to constitute substantial legal and financial commitments.

(JJJJJJ) "Substantially disturb" means, for purposes of coal exploration, to affect significantly land or water resources by blasting, by removal of vegetation, topsoil, or overburden, by construction of roads or other access routes, by placement of excavated earth or waste material on the natural land surface, or by other such activities.

(KKKKKK) "Support facilities" means those facilities resulting from or incident to coal mining and reclamation operations and the areas upon which such facilities are located. Support facilities may consist of, but are not limited to, the following facilities: mine buildings; bathhouses; coal loading facilities, coal crushing facilities; coal sizing facilities; coal storage facilities, equipment and storage facilities; fan buildings; hoist buildings; sheds, shops, and other buildings; facilities used to treat and store water for mine consumption; and railroads, surface conveyor systems, chutes, aerial tramways, or other transportation facilities, but not including public roads. "Resulting from or incident to" an activity connotes an element of proximity to that activity.

(LLLLLL) "Surety bond" means an indemnity agreement in a sum certain payable only to the state, executed by the permittee or applicant as principal and which is supported by the performance guarantee of a corporation licensed to do business as a surety in this state.

(MMMMMM) "Surface mining operations" means those coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location.

(NNNNNN) "Surface water" means water, either flowing or standing on the surface of the earth.

(OOOOOO) "Surveyor" means a professional surveyor registered in accordance with the requirements of Chapter 4733. of the Revised Code.

(PPPPPP) "Suspended solids" or "nonfilterable residue," expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the environmental protection agency's regulations for wastewater and analyses (40 C.F.R. part 136).

(QQQQQQ) "Temporary diversion" means a diversion of a stream or overland flow which is used during coal exploration or coal mining and reclamation operations and not approved by the chief to remain after reclamation as part of the approved postmining land use.

(RRRRRR) "Temporary impoundment" means an impoundment used during coal mining and reclamation operations, but not approved by the chief to remain as part of the approved postmining land use.

(SSSSSS) "Topsoil" means the A and E horizon layers, or in instances in which the area has been disturbed by agricultural practices, the soil ordinarily moved in tillage, or its equivalent in uncultivated soil.

(TTTTTT) "Toxic forming materials" means earth materials or wastes having a pH of less than 4.0 or a calcium carbonate deficiency of five tons or more per one thousand tons of material. By order of the chief, such other earth materials or wastes shall be designated toxic which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.

(UUUUUU) "Toxic-mine drainage" means water that is discharged from active or abandoned mines and other areas affected by coal mining operations and which contains a substance which, through chemical action or physical effects, is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it.

(VVVVVV) "Transfer, assignment, or sale of permit rights" means a change of a permittee, including, but not limited to, any fundamental legal change in the structure or nature of a permittee, a name change, or a change in the ownership and operational control of a permittee to a person who has not held a permit issued under Chapter 1513. of the Revised Code for a period of not less than five years where the existence and name of the permittee remain the same.

(WWWWWW) "Trust fund" means money, securities or other property held by a trustee for the benefit of the state that is devoted to the purpose of providing assurance that funds will be available when needed to comply with Chapter 1513. of the Revised Code and rules adopted thereunder and that irrevocably establishes the state as the primary beneficiary.

(XXXXXX) "Unanticipated event or conditions" as used in rule 1501:13-5-01 of the Administrative Code, means an event or condition related to prior mining activity which arises from a surface coal mining and reclamation operation on lands eligible for remining and was not contemplated in the applicable permit.

(YYYYYY) "Underground development waste" means waste-rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings in connection with underground mining operations.

(ZZZZZZ) "Underground mining operations" means underground mining surface operations and underground workings.

(AAAAAAA) "Underground mining surface operations" means the surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities including hoists and ventilating ducts, areas utilized for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed.

(BBBBBBB) "Underground workings" means underground operations such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing and underground mining, hauling, storage and blasting.

(CCCCCCC) "Unwarranted failure to comply" means the failure of the permittee to prevent the occurrence of any violation of the permit or any requirement of Chapter 1513. of the Revised Code or these rules, due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or Chapter 1513. of the Revised Code or these rules due to indifference, lack of diligence, or lack of reasonable care.

(DDDDDDD) "Valid existing rights" means a set of circumstances under which a person demonstrates compliance with the standards under paragraph (A) or (B) of rule 1501:13-3-01 of the Administrative Code and may, subject to the chief's approval, conduct coal mining operations on lands where division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code would otherwise prohibit such operations.

(EEEEEEE) "Valley fill" means a fill structure consisting of any material, other than organic material, that is placed in a valley where side slopes of the existing valley, measured at the steepest point, are greater than twenty degrees, or where the average slope of the profile of the existing valley from the toe of the fill to the top of the fill is greater than ten degrees.

(FFFFFFF) "Violation," for the purposes of rule 1501:13-4-03, paragraph (D) of rule 1501:13-5-01, and rule 1501:13-5-02 of the Administrative Code, means:

(1) A failure to comply with an applicable provision of a federal or state law or regulation pertaining to air or water environmental protection, as evidenced by a written notification from a governmental entity to the responsible person; or

(2) A noncompliance for which the chief has provided one or more of the following types of notice, or the office of surface mining of the U.S. department of the interior or another state regulatory authority has provided equivalent notice under corresponding provisions of the federal regulatory program or a state regulatory program:

(a) A notice of violation;

(b) A cessation order;

(c) A final order, bill, or demand letter pertaining to a delinquent civil penalty;

(d) A bill or demand letter pertaining to delinquent reclamation fees owed to the office of surface mining of the U.S. department of the interior under 30 C.F.R. Part 870; or

(e) A performance security or bond forfeiture order.

(GGGGGGG) "Violation notice," for the purposes of rule 1501:13-4-03, paragraph (D) of rule 1501:13-5-01, and rule 1501:13-5-02 of the Administrative Code, means any written notification from a regulatory authority or other governmental entity of a violation, as specified in the definition of "violation" in this rule.

(HHHHHHH) "Water table" means the upper surface of a zone of saturation where the body of ground water is not confined by an overlying impermeable zone.

(IIIIIII) "Water quality standards" means the rules set forth in Chapter 3745-1 of the Administrative Code establishing stream use designations and water quality criteria protective of such uses for the surface waters of the state.

(JJJJJJJ) "Willful violation" means an act or omission which violates a provision of Chapter 1513. of the Revised Code or these rules, other applicable state or federal laws, or a condition of a permit, committed by a person who intends the result which actually occurs.

(KKKKKKK) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: April 18, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-8-01

This rule shall apply only to coal exploration operations that substantially disturb the natural land surface.

(A) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values, including critical habitats of threatened species and critical habitats of species protected by state or federal law, shall not be disturbed during coal exploration operations.

(B) All roads shall comply with the applicable provisions of rule 1501:13-10-01 of the Administrative Code.

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

(D) Topsoil shall be removed, stored, and redistributed on disturbed areas as necessary to assure successful revegetation.

(E) All disturbed areas shall be revegetated in a manner that encourages prompt revegetation and recovery of a diverse, effective, and permanent vegetative cover. Revegetation shall be accomplished in accordance with the following:

(1) All disturbed lands shall be seeded or planted to the same seasonal variety native to the disturbed area. If the land use of the explored area is intensive agriculture, planting of crops normally grown will meet the requirements of this paragraph; and

(2) The vegetative cover shall be capable of stabilizing the soil surface from erosion.

(F) Use of diversions. Diversions of perennial and intermittent streams and miscellaneous flows shall be made in accordance with paragraph (F) of rule 1501:13-9-04 of the Administrative Code.

(G) Each exploration hole, borehole, or other exposed underground opening created during exploration operations shall be reclaimed in accordance with rule 1501:13-9-02 of the Administrative Code.

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

(1) Provide additional environmental data;

(2) Reduce or control on- and off-site effects of the exploration operations; or

(3) Facilitate future coal mining and reclamation operations by the person conducting the exploration operations under an approved permit.

(I) Coal exploration operations shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance in accordance with rule 1501:13-9-04 of the Administrative Code. The chief may specify additional measures which shall be adopted by the person engaged in coal exploration operations.

(J) Toxic- and acid-forming materials shall be handled and disposed of in accordance with paragraph (J) of rule 1501:13-9-14 and paragraph (J) of rule 1501:13-9-04 of the Administrative Code. The chief may specify additional measures which shall be adopted by the person engaged in coal exploration operations.

(K) If explosives are to be used in connection with a coal exploration permit, the explosives shall be used in accordance with rule 1501:13-9-06 of the Administrative Code.

(L) Notification of completion of coal exploration. The person conducting the coal exploration operations shall notify the chief:

(1) Upon completion of the exploration; and

(2) Upon completion of the reclamation of the area after exploration.

Last updated February 27, 2023 at 9:57 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-03

(A) Subject to valid existing rights and qualification for the exception for existing operations under paragraph (B) of this rule, no coal mining operations shall be conducted:

(1) On any lands within the boundaries of the national park system, the national wildlife refuge system, the national system of trails, the national wilderness preservation system, the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276 (a)) or study rivers or study river corridors as established in any guidelines pursuant to that act, national recreation areas designated by act of congress, or any nature preserve dedicated pursuant to Chapter 1517. of the Revised Code;

(2) On any federal lands within the boundaries of any national forest unless approval is granted by the United States secretary of interior;

(3) On any lands on which mining will adversely affect any publicly owned park or any places included on the "National Register of Historic Places," unless approved jointly by the chief and the federal, state, or local agency with jurisdiction over the park or places. The "National Register of Historic Places" is administered by the national parks service, U.S. department of the interior; its website for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html;

(4) Within one hundred feet measured horizontally of the outside right-of-way line of any public road, except:

(a) Where mine access roads or haulage roads join such right-of-way line; or

(b) Where a permit has been issued by the director of transportation, or the board of county commissioners, or the board of township trustees, or such other public authority that is charged by law with the maintenance of the public road subject to the requirements of paragraph (C) of rule 1501:13-3-04 of the Administrative Code and the approval of the chief;

(5) Within three hundred feet measured horizontally of any occupied dwelling unless the owner of the dwelling has provided a written waiver consenting to coal mining operations closer than three hundred feet as provided in paragraph (D) of rule 1501:13-3-04 of the Administrative Code;

(6) Within three hundred feet measured horizontally of any public building, school, church, community or institutional building or public park;

(7) Within one hundred feet measured horizontally of a cemetery. Cemeteries may be relocated if authorized by applicable state law or regulations; or

(8) Within one thousand feet of the normal waterlines of any river dedicated as a component of the scenic rivers program pursuant to sections 1547.81 to 1547.86 of the Revised Code.

(B) Exception for existing operations. The prohibitions and limitations of paragraph (A) of this rule do not apply to coal mining operations for which a valid permit, issued under Chapter 1513. of the Revised Code and these rules, exists when the land comes under the protection of division (D) of section 1513.073 of the Revised Code or this rule. This exception applies only to lands within the permit area as it exists when the land comes under the protection of division (D) of section 1513.073 of the Revised Code or this rule.

(C) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated August 1, 2025 at 12:15 AM

History

• Effective: August 9, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-02

(A) General requirements. Each exploration hole, other drill or borehole, shaft, well, or other exposed mine opening shall be cased, sealed, or otherwise managed, as approved by the chief, to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery in the permit and adjacent areas. If these openings are uncovered or exposed by coal mining activities within the permit area, they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the chief. Use of a drilled and cased hole or borehole or monitoring well as a water well must meet the provisions of rule 1501:13-9-04 of the Administrative Code. This rule does not apply to holes solely drilled and used for blasting.

(B) Temporary sealing of drilled holes.

(1) For all coal mining operations, each exploration hole, other drill or boreholes, wells, and other exposed openings which have been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor ground water conditions, shall be temporarily sealed before use and protected during use by barricades, fences, or other protective devices approved by the chief. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the coal mining activities.

(2) For underground mining operations only, each mine entry which is temporarily inactive, but has a further projected useful service under the approved permit application, shall be protected by barricades or other covering devices, fenced, and posted with signs, to prevent access into the entry and to identify the hazardous nature of the opening. These devices shall be periodically inspected and maintained in good condition by the person who conducts the underground mining activities.

(C) Permanent sealing of drilled holes. When no longer needed for monitoring or other use approved by the chief, upon a finding by the chief of no adverse environmental or health and safety effect, or unless approved for transfer as a water well under rule 1501:13-9-04 of the Administrative Code, each exploration hole, other drilled hole or borehole, well, and other exposed opening, and for underground mining operations each shaft, drift, adit, tunnel, exploratory hole, entryway or other opening to the surface from underground, shall be capped, sealed, backfilled, or otherwise properly managed, as required by the chief under paragraph (A) of this rule. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters.

Last updated February 27, 2023 at 9:57 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-01

(A) For purposes of this rule:

(1) "Chief" shall mean the chief, his or her authorized representative, or any inspection officer.

(2) "Inactive coal mining and reclamation operation" means an operation:

(a) For which the chief has secured from the permittee the written notice required under paragraph (A) of rule 1501:13-9-16 of the Administrative Code; or

(b) For which reclamation phase II as defined in paragraph (B)(1)(b) of rule 1501:13-7-05 or paragraph (B)(1)(b) of rule 1501:13-7-05.1 of the Administrative Code has been completed.

(3) "Abandoned coal mining and reclamation operation" means an operation where the chief has found in writing that:

(a) All surface and underground coal mining and reclamation activities at the site have ceased;

(b) The chief has issued at least one notice of violation, and either:

(i) Is unable to serve the notice despite diligent efforts to do so; or

(ii) The notice was served and has progressed to a failure-to-abate cessation order;

(c) The chief:

(i) Is taking action to ensure that the permittee and operator, and owners and controllers of the permittee and operator, will be precluded from receiving future permits while violations continue at the site; and

(ii) Is taking action pursuant to rules 1501:13-14-02 and 1501:13-14-06 of the Administrative Code, or section 1513.02, 1513.15, 1513.40, or 1513.99 of the Revised Code to ensure that abatement occurs or that there will not be a recurrence of the failure-to-abate, except where after evaluating the circumstances, the chief concludes that further enforcement offers little or no likelihood of successfully compelling abatement or recovering any reclamation costs; and

(d) Where the site is, or was, permitted and performance security was provided:

(i) The permit has either expired or been revoked; and

(ii) The chief initiated and is diligently pursuing forfeiture of, or has forfeited, any available performance security.

(4) "Active coal mining and reclamation operation" means an operation other than an inactive or abandoned coal mining and reclamation operation.

(B) The chief shall have a right of entry to, upon, or through any coal mining and reclamation operations, coal exploration operations, any premises in which any records required to be maintained are located and any area of land upon which the chief has reason to believe that coal mining and reclamation operations are being conducted.

(C) The chief shall conduct an average of at least one partial inspection per month of each active coal mining and reclamation operation under his or her jurisdiction, and shall conduct such partial inspections of each inactive coal mining and reclamation operation under his or her jurisdiction as are necessary to ensure effective enforcement. A "partial inspection" is an on-site or aerial review of a person's compliance with some of the permit conditions and requirements imposed under Chapter 1513. of the Revised Code and these rules.

(1) If the chief or his or her authorized representative conducts an aerial inspection, the aerial inspection shall be conducted in a manner which reasonably ensures the identification and documentation of conditions at each coal mining and reclamation site inspected.

(2) Any potential violation observed during an aerial inspection shall be investigated on site within three calendar days after the aerial inspection, provided that any indication of a condition, practice or violation constituting cause for issuance of a cessation order under division (D)(1) of section 1513.02 of the Revised Code shall be investigated on site immediately, and provided further that an on-site investigation of a potential violation observed during an aerial inspection shall not be considered to be an additional partial or complete inspection for the purposes of paragraph (C) or (D) of this rule.

(D) The chief shall conduct an average of at least one complete inspection per calendar quarter of each active and inactive coal mining and reclamation operation under his or her jurisdiction. A "complete inspection" is an on-site review of a person's compliance with all permit conditions and requirements imposed under Chapter 1513. of the Revised Code and these rules.

(E) In lieu of the inspection frequency established in paragraphs (C) and (D) of this rule, the chief shall inspect each abandoned site on a set frequency commensurate with the public health and safety and environmental considerations present at each specific site, but in no case shall the inspection frequency be set at less than one complete inspection per calendar year.

(1) In selecting an alternate inspection frequency authorized under paragraph (E) of this rule, the chief shall first conduct a complete inspection of the abandoned site and provide public notice under paragraph (E)(2) of this rule. Following the inspection and public notice, the chief shall prepare and maintain for public review a written finding justifying the alternative inspection frequency selected. This written finding shall justify the new inspection frequency by affirmatively addressing in detail all of the following criteria:

(a) How the site meets each of the criteria under the definition of an abandoned site under paragraph (A)(3) of this rule and thereby qualifies for a reduction in inspection frequency;

(b) Whether, and to what extent, there exist on the site impoundments, earthen structures, or other conditions that pose, or may reasonably be expected to pose imminent dangers to the health or safety of the public or significant environmental harms to land, air, or water resources;

(c) The extent to which existing impoundments or earthen structures were constructed and certified in accordance with prudent engineering designs approved in the permit;

(d) The degree to which erosion and sediment control is present and functioning;

(e) The extent to which the site is located near or above urbanized areas, communities, occupied dwellings, schools, and other public or commercial buildings and facilities;

(f) The extent of reclamation completed prior to abandonment and the degree of stability of unreclaimed areas, taking into consideration the physical characteristics of the land mined and the extent of settlement or revegetation that has occurred naturally with time; and

(g) Based on a review of the complete and partial inspection report record for the site during at least the last two consecutive years, the rate at which adverse environmental or public health and safety conditions have and can be expected to progressively deteriorate.

(2) The public notice and opportunity to comment required under paragraph (E)(1) of this rule shall be provided as follows:

(a) The chief shall place a notice in the newspaper with the broadest circulation in the locality of the abandoned site providing the public with a thirty-day period in which to submit written comments; and

(b) The public notice shall contain the permittee's name, the permit number, the precise location of the land affected, the inspection frequency proposed, the general reasons for reducing the inspection frequency, the performance security status of the permit, the telephone number, address, and electronic mail address where written comments on the reduced inspection frequency may be submitted, and the closing date of the comment period.

(F) The chief shall conduct such inspections of all coal exploration operations as are necessary to ensure compliance with Chapter 1513. of the Revised Code and rules adopted thereunder.

(G) Except as provided in paragraph (M) of this rule, the inspections required under paragraphs (C), (D), (E), and (F) of this rule shall:

(1) Occur without advance notice or search warrant and upon presentation of appropriate credentials;

(2) Be carried out on an irregular basis, so as to monitor compliance at all operations, including those which operate nights, holidays, and weekends;

(3) Occur without prior notice to the permittee or operator being inspected or any agent or employee of such permittee or operator, except for necessary on-site meetings;

(4) Include the prompt filing of inspection reports or other documents adequate to enforce the requirements of and to carry out the terms and purposes of Chapter 1513. of the Revised Code and rules adopted thereunder;

(5) Include the collection of evidence with respect to every violation; and

(6) Allow for inspection of any monitoring equipment or method of exploration or operation and allow access to and acquisition of copies of any records required to be maintained under Chapter 1513. of the Revised Code and rules adopted thereunder.

(H) Citizen's request for inspection.

(1) A citizen may request an inspection by furnishing to the chief a signed or electronically signed, written statement, or an oral report followed by a signed or electronically signed, written statement, giving:

(a) The reason for believing that a violation exists; and

(b) A phone number and address where the citizen can be contacted.

(2) The identity of any person supplying the information to the chief in a request for an inspection shall remain confidential, if requested by the person, unless the person elects to accompany the inspector on the inspection or unless disclosure is required under the state's freedom of information laws.

(3) If an inspection is to be conducted as a result of information provided by the citizen, the citizen shall be notified as far in advance as is practicable when the inspection is to occur and shall be allowed to accompany the inspector. The citizen shall be in the presence of and under control, direction, and supervision of the inspector during the inspection. The citizen does not have the right to enter buildings without consent of the permittee or without a search order.

(4) Within ten days of the inspection or, if there is no inspection, within fifteen days of receipt of the citizen's written statement, the chief or his or her representative shall send the citizen and the permittee the following:

(a) If an inspection was made, a description of the enforcement action taken or an explanation of why no enforcement action was taken;

(b) If no inspection was conducted, an explanation of the reason why; and

(c) An explanation of the citizen's right to informal review of the action of the chief.

(5) The chief shall give copies of all materials in paragraphs (H)(4)(a) and (H)(4)(b) of this rule within the time limits specified in those paragraphs to the person, permittee, or operator alleged to be in violation, except that the name of the citizen shall be removed unless disclosure of the citizen's identity is permitted under paragraph (H)(2) of this rule.

(I) Inspection of operations where coal is extracted incidental to the extraction of other minerals.

(1) Authorized representatives of the chief and of the U.S. secretary of the interior shall have the right to conduct inspections of operations claiming the exemption from the requirements of Chapter 1513. of the Revised Code in accordance with rule 1501:13-4-16 of the Administrative Code.

(2) Each authorized representative of the chief or of the U.S. secretary of the interior conducting an inspection under paragraph (I)(1) of this rule:

(a) Shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;

(b) May, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and

(c) Shall have a right to gather physical and photographic evidence to document conditions, practices, or violations at a site.

(3) No search warrant shall be required with respect to any activity under paragraphs (I)(1) and (I)(2) of this rule, except that a search warrant may be required for entry into a building.

(J) Informal review.

(1) Any person who is or may be adversely affected by a coal mining and reclamation operation may request, in writing or by electronic mail, the chief to review informally an authorized representative's or inspection officer's decision not to inspect or take appropriate enforcement alleged by that person in a request for inspection under paragraph (H) of this rule. The request for review shall include a statement of how the person is or may be adversely affected and why the decision merits review.

(2) The chief shall conduct the review and inform the person, in writing or by electronic mail, of the results of the review within thirty days of receipt of the request. The person alleged to be in violation shall also be given a copy of the results of the review, except that the name of the person who is or may be adversely affected shall not be disclosed unless confidentiality has been waived or disclosure is required under the state's freedom of information laws.

(3) Informal review under this rule shall not affect any right to formal review or to a citizen's suit under Chapter 1513. of the Revised Code and rules adopted thereunder.

(K) Any person who is or may be adversely affected by coal exploration or a coal mining and reclamation operation may notify the chief, in writing or by electronic mail, of any alleged failure to make adequate and complete or periodic inspections as provided in paragraphs (C), (D), (E), and (F) of this rule.

(1) The notification shall include sufficient information to create a reasonable belief that this rule is not being complied with and to demonstrate that the person is or may be adversely affected.

(2) The chief shall, within fifteen days of receipt of the notification, determine whether this rule is being complied with, and if not, shall immediately order an inspection.

(3) The chief shall furnish the complainant with a written or electronic finding, stating his or her determination and actions.

(L) The permittee or operator may accompany the chief during any inspection.

(M) Compliance review.

(1) A permittee may request an on-site compliance review with the chief or his or her authorized representative to review the compliance status of any condition or practice proposed at any coal exploration or coal mining and reclamation operation. Any such review shall not constitute an inspection within the meaning of division (C)(1) of section 1513.09 of the Revised Code or paragraph (C), (D), (E), or (F) of this rule.

(2) The chief or his or her authorized representative may accept or refuse any request to conduct a compliance review under paragraph (M)(1) of this rule.

(3) The chief or his or her authorized representative shall, at any compliance review, review the proposed conditions and practices in order to advise whether any such condition or practice may become a violation of any requirement under Chapter 1513. of the Revised Code, these rules, or the permit.

(4) Neither the holding of a compliance review under this rule nor any opinion given by the chief or his or her authorized representative at such review shall affect:

(a) Any rights or obligations of the state or the permittee with respect to any inspection, notice of violation or cessation order, whether prior or subsequent to such compliance review; or

(b) The validity of any notice of violation or cessation order issued with respect to any condition or practice reviewed at the compliance review.

Last updated February 14, 2022 at 9:05 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-06

(A) Definitions. For the purposes of this rule:

(1) "Violation" means a violation of any requirement of Chapter 1513. of the Revised Code, rules adopted thereunder, or of any permit condition.

(2) "Failure or refusal" means a failure or refusal to comply with any notice of violation or order of the chief issued under Chapter 1513. of the Revised Code, except that non-payment of civil penalties assessed against a corporate permittee or non-compliance with any order issued by the chief under section 1513.39 of the Revised Code does not constitute a failure or refusal.

(3) "Willfully" means that an individual acted:

(a) Either intentionally, voluntarily or consciously; and

(b) With intentional disregard or plain indifference to legal requirements in authorizing, ordering or carrying out a corporate permittee's action or omission that constituted a violation, failure or refusal.

(B) Except as provided in paragraph (C) of this rule, the chief may assess an individual civil penalty against any corporate director, officer or agent of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violation, failure or refusal.

(C) The chief shall not assess an individual civil penalty in situations resulting from a permit violation by a corporate permittee until a cessation order has been issued by the chief to the corporate permittee for the violation, and the cessation order has remained unabated for thirty days.

(D) Amount of the individual civil penalty.

(1) In determining the amount of an individual civil penalty assessed under paragraph (B) or (C) of this rule, the chief shall consider the criteria specified in division (E)(1) of section 1513.02 of the Revised Code, including:

(a) The individual's history of authorizing, ordering or carrying out previous violations, failures or refusals at the particular coal mining operation;

(b) The seriousness of the violation, failure or refusal, including any irreparable harm to the environment and any hazard to the health or safety of the public; and

(c) The demonstrated good faith of the individual charged in attempting to achieve rapid compliance after receipt of the notice of the violation, failure or refusal.

(2) The penalty shall not exceed five thousand dollars for each violation. Each day of a continuing violation may be deemed a separate violation and the chief may assess a separate individual civil penalty for each day the violation continues, from the date of service of the underlying notice of violation, cessation order or other order incorporating a final decision of the chief, until abatement or compliance is achieved.

(E) Procedure for assessment of the individual civil penalty.

(1) For every imminent harm cessation order or failure-to-abate cessation order issued by the chief in accordance with paragraph (A)(1) or paragraph (A)(3) of rule 1501:13-14-02 of the Administrative Code, the chief shall immediately serve on each individual to be assessed an individual civil penalty, a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order.

(2) The notice of proposed individual civil penalty assessment shall become a final order of the chief thirty days after service upon the individual unless:

(a) The individual files, within thirty days of service of this notice of proposed individual civil penalty assessment, a notice of appeal to the reclamation commission in accordance with section 1513.13 of the Revised Code; or

(b) The chief and the individual or responsible corporate permittee agree, within thirty days of service of the notice of proposed individual civil penalty assessment, to a schedule or plan for the abatement or correction of the violation, failure or refusal.

(3) For purposes of paragraphs (E)(1) to (E)(2)(b) of this rule, service is sufficient if it would satisfy the requirements of paragraph (D) of rule 1501:13-14-02 of the Administrative Code.

(F) If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for review or abatement agreement, the penalty shall be due upon issuance of the final order.

(G) If an individual named in a notice of proposed individual civil penalty assessment files a notice of appeal in accordance with section 1513.13 of the Revised Code, the penalty shall be due upon issuance of a final administrative order affirming, increasing or decreasing the proposed penalty.

(H) Where the chief and the corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated notice of violation or cessation order, an individual named in a notice of proposed individual penalty assessment may postpone payment until receiving either a final order from the chief stating that the penalty is due on the date of such final order, or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn.

(I) Following the expiration of forty-five days after the individual civil penalty is payable, any delinquent penalty shall be certified to the attorney general for collection.

History

• Effective: December 30, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-03 Permit applications; requirements for legal, financial, compliance and related information.

(A) Definition.

(1) For the purposes of this rule, a person "owned or controlled" or "owns or controls" a coal mining operation if, at any time:

(a) The person is the permittee of a coal mining operation;

(b) Based on instruments of legal or equitable ownership or voting securities, the person owns of record in excess of fifty per cent of an entity which conducts coal mining operations; or

(c) The person has any relationship which gives that person authority directly or indirectly to determine the manner in which an applicant, an operator, or other entity conducts coal mining operations.

(2) It will be presumed that a person "owns or controls" or "owned or controlled" a coal mining operation, unless it can be demonstrated that the person does not or did not in fact have the authority directly or indirectly to determine the manner in which the relevant coal mining operation is or was conducted if, at any time:

(a) The person is an officer or a director of an entity which conducts coal mining operations;

(b) The person is the operator of the coal mining operation;

(c) The person has the ability to commit the financial or real property assets or working resources of an entity which conducts coal mining operations;

(d) The person is a general partner in a partnership which conducts coal mining operations;

(e) Based on the instruments of legal or equitable ownership or the voting securities of a corporate entity which conducts coal mining operations, the person owns of record ten through fifty per cent of the entity; or

(f) The person owns or controls coal to be mined by another person under a lease, sublease or other contract; and

(i) Has the right to receive such coal after mining; or

(ii) Has the authority to determine the manner in which another person conducts that coal mining operation.

(B) Identification of interests.

(1) Each application shall contain the names, addresses, and telephone numbers, and either the employer identification numbers or the last four digits of the social security numbers of:

(a) The permit applicant;

(b) The operator, if the operator is a person different from the applicant; and

(c) The person who will pay the abandoned mine land reclamation fee.

(2) For a coal mining operation other than an underground mining operation, each application shall also contain the names and addresses of:

(a) Every legal or equitable owner of record of the property to be mined;

(b) The holders of record of any leasehold interest in the property to be mined; and

(c) Any purchaser of record under a real estate contract of the property to be mined.

(3) For an underground mining operation each application shall also contain the names and addresses of:

(a) Every legal or equitable owner of record of the areas to be affected by surface operations and facilities and every legal or equitable owner of record of the property to be mined;

(b) The holders of record of any leasehold interest in areas to be affected by surface operations or facilities and the holders of record of any leasehold interest in the coal to be mined; and

(c) Any purchaser of record under a real estate contract of areas to be affected by surface operations and facilities and any purchaser of record under a real estate contract of the coal to be mined.

(4) Each application shall contain a statement of whether the applicant is a corporation, partnership, single proprietorship, association or other business entity. Each application other than a single proprietorship shall contain the name, address and telephone numbers of the resident agent of the applicant who will accept service of process.

(5) For each person who owns or controls or owned or controlled the applicant according to paragraph (A) of this rule, the application shall contain the following information:

(a) The person's name and address, and either the last four digits of his or her social security number or his or her employer identification number;

(b) The person's ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure;

(c) The title of the person's position, the date that the position was assumed, and when this information is submitted under paragraph (I) of rule 1501:13-4-06 or paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code and the person is no longer employed in that position, the date of departure from the position;

(d) Each additional name and identifying number, including employer identification number or the last four digits of the social security number, and federal or state permit number and corresponding MSHA number, under which the person owns or controls, or previously owned or controlled, a coal mining and reclamation operation in the United States within the five-year period preceding the date of submission of the application; and

(e) The application number or other identifier of, and the regulatory authority for, any other pending coal mining operation permit application filed by the person in any state in the United States.

(6) If any owner, holder, purchaser, or operator identified under paragraphs (B)(1) to (B)(3) of this rule is a business entity other than a single proprietorship, the application shall contain the names and street addresses of their respective principals, officers, and resident agents.

(7) For any coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in paragraph (A) of this rule, the application shall include the operation's:

(a) Name, address, identifying numbers, including employer identification number, federal or state permit number and corresponding MSHA number, and the regulatory authority; and

(b) Ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure.

(8) Each application shall contain the names and addresses of the owners of record of all surface and subsurface areas contiguous to any part of the proposed permit area.

(9) Each application shall contain the name of the proposed mine and the MSHA identification numbers for all mine-associated structures that require MSHA approval.

(10) Each application shall contain a statement of all lands, interests in lands, options, or pending bids on interests held or made by the applicant for lands which are contiguous to the area to be covered by the permit. If requested by the applicant, any information required by this paragraph which is not on public file pursuant to Ohio law shall be held in confidence by the chief as provided under rule 1501:13-1-10 of the Administrative Code.

(11) After the applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under paragraphs (B)(1), (B)(4), (B)(5), (B)(7), and (J) of this rule.

(12) The applicant shall submit the information required by paragraphs (B) and (C) of this rule on a form prescribed by the chief.

(C) Violation information. Each application shall contain:

(1) A statement of whether the applicant or operator, or any subsidiary, affiliate, or persons controlled by or under common control with the applicant or operator has:

(a) Had a federal or state coal mining permit suspended or revoked during the five-year period preceding the date of submission of the application; or

(b) Forfeited a mining bond, performance security, or similar security deposited in lieu of bond.

(2) If any such suspension, revocation, or forfeiture has occurred, a statement of the facts involved, including:

(a) Identification number of the permit;

(b) Date of suspension, revocation, or forfeiture, and, when applicable, the amount of bond, performance security, or similar security forfeited;

(c) Identification of the regulatory authority that suspended or revoked the permit or forfeited the bond, performance security, or similar security, and the stated reasons for that action;

(d) The current status of the permit, or of the bond, performance security, or similar security involved; and

(e) The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation or forfeiture, and the current status of these proceedings.

(3) The applicant shall submit a listing of:

(a) Each violation notice, as that term is defined in rule 1501:13-1-02 of the Administrative Code, received by the applicant or operator in connection with any coal mining and reclamation operation during the three-year period preceding the date of submission of the application for violations of Chapter 1513. of the Revised Code or these rules, or of any law, rule, or regulation of the United States, or of any state law, rule, or regulation enacted pursuant to federal law, rule, or regulation, pertaining to air or water environmental protection; and

(b) All unabated violation notices received prior to the date of submission of the application incurred in connection with any coal mining and reclamation operation owned or controlled by either the applicant or the operator or by any person who owns or controls the applicant.

(4) For each violation notice reported under paragraph (C)(3)(a) or (C)(3)(b) of this rule, the application shall also contain:

(a) Any identifying numbers for the operation, including the federal or state permit number and associated MSHA number, the date of issuance and identification number of the violation notice, the name of the person to whom the violation notice was issued, and the name of the issuing regulatory authority, department, or agency;

(b) A brief description of the violation alleged in the violation notice;

(c) The date, location, and type of any administrative or judicial proceedings initiated concerning the violation notice, including, but not limited to, proceedings initiated by the applicant to obtain administrative or judicial review of the violations;

(d) The current status of the proceedings and of the violation notice;

(e) If the abatement period for a violation in a notice of violation issued under paragraph (B) of rule 1501:13-14-02 of the Administrative Code, or its equivalent for the federal or another state regulatory program, has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation; and

(f) For all violations not covered under paragraph (C)(4)(e) of this rule, the actions taken to abate or correct the violation.

(5) After the applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under paragraph (C) of this rule.

(D) Right of entry and operation information.

(1) Each application shall contain a notarized statement describing the documents upon which the applicant bases his or her legal right to enter and begin coal mining in the permit area, for surface mining operations, or in the permit and shadow areas, for underground mining operations, and whether that right is the subject of pending litigation. The notarized statement shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.

(2) Each application shall contain a notarized statement identifying the specific land for which the applicant is negotiating to acquire the legal right to enter and begin coal mining in the permit area, for surface mining operations, or in the permit and shadow areas, for underground mining operations, during the term of the permit and, when requested by the chief, signed statements from each landowner and mineral owner granting authorized representatives of the chief a right of entry to, upon, and through the areas of land upon which coal mining and reclamation operations are proposed.

(3) Where the private mineral estate to be mined has been severed from the private surface estate and surface disturbance will result from the applicant's proposed use of a surface mining method, the application shall also provide for lands within the permit area:

(a) A copy of the written consent of the surface owner to the surface disturbance that will result from the extraction of coal by the applicant's proposed surface mining method;

(b) A copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods that cause surface disturbance; or

(c) If the conveyance does not expressly grant the right to extract the coal by surface mining methods that cause disturbance, documentation that under state law, the applicant has the legal authority to extract the coal by those methods.

(4) Nothing in this rule shall be construed to afford the chief the authority to adjudicate property rights disputes.

(E) Relationship to areas designated unsuitable for mining.

(1) Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for coal mining operations under rule 1501:13-3-07 of the Administrative Code or under study for designation in an administrative proceeding under such rule.

(2) If an applicant claims the exemption provided in paragraph (B)(3) of rule 1501:13-3-05 of the Administrative Code, the application shall contain information supporting the applicant's assertion that it made substantial legal and financial commitments before January 4, 1977, concerning the proposed coal mining operations.

(3) If an applicant proposes to conduct coal mining operations within three hundred feet, measured horizontally, of an occupied dwelling, the application shall contain the waiver of the owner of the dwelling as required in paragraph (D) of rule 1501:13-3-04 of the Administrative Code.

(4) If an applicant proposes to conduct coal mining operations within one hundred feet, measured horizontally, of a public road, the application shall contain the road permit as required under paragraph (C) of rule 1501:13-3-04 of the Administrative Code.

(F) Permit term information.

(1) Each application shall state the anticipated or actual starting and termination date of each phase of the coal mining and the anticipated number of acres of land to be affected during the first year of mining and over the total life of the permit.

(2) Each application to conduct an underground mining operation shall also state the horizontal extent of proposed underground mine workings over the total life of the permit.

(3) If an applicant proposes a permit term in excess of five years, the application shall:

(a) Be complete and accurate covering the specified longer term; and

(b) Show that the proposed longer term is reasonably needed to allow the applicant to obtain financing for equipment and for the opening of the operation with the need confirmed, in writing, by the applicant's proposed source of financing.

(G) Identification of location of public office for filing of application. Each application shall identify, by name and address, the public office where the applicant will simultaneously file a copy of the application for public inspection as required by these rules.

(H) Newspaper advertisement and proof of publication. A copy of the newspaper advertisement of the application for a permit or renewal of a permit, or for revision of a permit if notice is required under paragraph (E) of rule 1501:13-4-06 of the Administrative Code, shall be filed with the chief and made a part of the complete application. A proof of publication shall be filed with the chief prior to approval of the permit application.

(I) Facilities or structures used in common.

The plans of a facility or structure that is to be shared by two or more separately permitted mining operations may be included in one permit application and referenced in the other applications. In accordance with Chapter 1501:13-7 of the Administrative Code, each permittee shall provide performance security for the facility or structure unless the permittees sharing it agree to another arrangement for assuming their respective responsibilities. If such agreement is reached, then the application shall include a copy of the agreement between or among the parties setting forth the respective performance security responsibilities of each party for the facility or structure. The agreement shall demonstrate to the satisfaction of the chief that all responsibilities under this chapter for the facility or structure will be met.

(J) Central file for identity information.

(1) The chief shall allow an applicant or permittee to meet the information submittal requirements of paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06, and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code, by submitting the required information to the chief, on a form provided by the chief, with an indication that the information in the form applies to all permits held by the applicant or permittee. The applicant or permittee shall swear or affirm, under oath and in writing, that all information provided pursuant to paragraph (J) of this rule is accurate and complete.

(2) The chief shall establish a central file to house the information submitted pursuant to paragraph (J) of this rule, rather than placing duplicate information in each application file for a permittee. The chief shall make the information in this central file available to the public upon request.

(3) Permittees shall update information in this central file according to the following:

(a) If the information already submitted to the chief under paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06 and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code is accurate and complete, the permittee shall certify to the chief, on a form provided by the chief, by swearing or affirming, under oath and in writing, that the information is accurate, complete, and up to date; or

(b) If part of the information already submitted to the chief under paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06 and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code is missing or incorrect, the permittee shall submit to the chief, on a form provided by the chief, the necessary information or corrections and swear or affirm, under oath and in writing, that the information is accurate and complete.

Last updated June 26, 2025 at 3:22 AM

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-06

(A) Applications for permits and permit renewals shall:

(1) Be submitted on forms provided by the chief;

(2) Be filed with the proper number of copies and at places designated by the chief;

(3) Be deemed to be complete as submitted to the chief unless the chief, within fourteen business days of the submission, identifies deficiencies in the application in writing and sends a written list of the deficiencies to the applicant. When the application is complete, the chief shall begin processing the application and notify the applicant of the application number assigned by the chief, so that this number may appear in the public notice required by division (A) of section 1513.071 of the Revised Code. An application for an area adjacent to a permit issued pursuant to section 1513.07 of the Revised Code and these rules may reference information previously submitted as part of the application for that permit if the information is applicable;

(4) Show the name, address, and telephone number of the person who prepared the application if that person is someone other than an employee of the applicant;

(5) Include the name and address of the newspaper in which the applicant is to publish the notice required by division (B)(1)(f) of section 1513.07 of the Revised Code;

(6) Include the telephone number of the applicant, of the operator if the applicant is not the operator, and of the applicant's statutory agent; and

(7) Include the employer identification number of the applicant, or the last four digits of the social security number of the applicant if the applicant is a sole proprietorship or partnership.

(B) Additional requirements for permit renewals.

(1) Any permit issued shall have the right of successive renewal upon expiration, provided the renewal complies with the requirements of paragraphs (A) and (B) of this rule.

(2) In addition to the requirements of paragraph (A) of this rule, an application for renewal shall:

(a) Be filed with the chief at least one hundred twenty days before the expiration of the permit involved; and

(i) Be submitted on an application form for a new permit if the renewal application includes land area that was not in the valid existing permit; or

(ii) Be submitted on a permit renewal application form if the renewal application includes only land area that was in the valid existing permit; and

(b) Include the name and address of the permittee, the term of the renewal requested, and the permit number;

(c) Include evidence that a liability insurance policy or adequate self-insurance under rule 1501:13-7-07 of the Administrative Code will be provided by the applicant for the proposed period of renewal;

(d) Include evidence that the performance security in effect for the operation will continue in full force and effect for any renewal requested, as well as any additional performance security required by the chief pursuant to Chapter 1501:13-7 of the Administrative Code;

(e) Include additional revised or updated information required by the chief;

(f) Be subject to the requirement of division (A)(4) of section 1513.07 of the Revised Code;

(g) Include a copy of the newspaper notice and proof of publication as required by paragraph (H) of rule 1501:13-4-03 of the Administrative Code; and

(h) Be subject to the public notification, public participation, and hearing provisions in sections 1513.07 and 1513.071 of the Revised Code.

(3) Applications for renewal that include proposed revisions to the permit.

(a) If an application for renewal that includes proposed revisions to the permit is submitted on an application form for a new permit pursuant to paragraph (B)(2)(a)(i) of this rule, then the requirements for a permit revision under paragraph (E) of this rule shall not apply.

(b) If an application for renewal that includes any proposed revisions to the permit is submitted on a permit renewal form pursuant to paragraph (B)(2)(a)(ii) of this rule, then the revisions shall be identified and subject to the requirements of paragraph (E) of this rule.

(4) In the determination of whether to approve or deny a renewal of a permit, the burden of proof shall be on the opponents of renewal.

(C) Any revisions to an application shall:

(1) Be initialed and dated by the person making revisions. The name of the person shall be provided in the application in the space provided; and

(2) Be acknowledged in writing by the signature of the applicant in the application in the space provided. Such acknowledgement shall be dated by the applicant.

(D) For an application for which the applicant requests the chief to prepare the determinations of the probable hydrologic consequences as provided for by division (A)(4) of section 1513.02 of the Revised Code:

(1) The applicant shall submit:

(a) A request in writing to the chief at least sixty days prior to the time that the applicant intends to submit the application for a permit;

(b) On forms provided by the chief, the following information:

(i) The name of the watershed and location of the stream which will receive drainage discharged from the mining operation (the location of the stream may appear on the hydrologic map);

(ii) A statement of the quality and locations of subsurface water as required by division (B)(1)(n)(ii) of section 1513.07 of the Revised Code;

(iii) A description of the measures to be taken during mining and reclamation to assure protection of the quality and quantity of surface and ground water systems both on and off-site from the adverse effects of the mining and reclamation operations as required by division (C)(13) of section 1513.07 of the Revised Code; and

(iv) A description of the steps to be taken to comply with applicable water quality laws and regulations;

(c) A map prepared in accordance with division (B)(1)(m) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code showing the information required by division (B)(1)(m) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code;

(d) Cross-section maps or plans as related to hydrologic studies prepared in accordance with division (B)(1)(n)(i) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code, showing the information required by division (B)(1)(n)(i) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code; and

(e) The results of test borings as required by division (C)(12) of section 1513.07 of the Revised Code, submitted on a form provided by the chief;

(2) If the items required by paragraph (D)(1) of this rule are not complete or need revision, the chief shall not be required to prepare the determination of the probable hydrologic consequences. The chief shall notify the requestor by certified mail of those items that are incomplete or need revision. The sixty-day time period for preparation by the chief shall stop on the date the requestor receives the certified mail or reasonably should have received the certified mail, whichever is earlier. The sixty-day period shall resume upon receipt by the division of mineral resources management of the items that need to be completed or revised;

(3) The chief shall prepare the determination of the probable hydrologic consequences within sixty days of receipt of the items required by paragraph (D) of this rule. Those days during which the requestor is revising or making the request complete shall not be included in the sixty days allowed the chief;

(4) The chief shall submit the prepared determination of the probable hydrologic consequences to the requestor and at the same time return the items that were required to be submitted by the requestor by paragraph (D) of this rule; and

(5) The person requesting the preparation of the determination of the probable hydrologic consequences shall include the chief's determination as part of a complete application for a permit.

(E) Revisions to permits shall:

(1) Be obtained when:

(a) There are changes from the mining or reclamation operations as described in the approved plans for the original permit;

(b) Required by an order issued pursuant to paragraph (G) of this rule;

(c) As otherwise required by Chapter 1513. of the Revised Code or these rules;

(2) Be subject to the notice and hearing requirements when the changes in the mining and reclamation plan constitute a significant alteration from mining and reclamation operations contemplated in the original permit. Changes which constitute a significant alteration are those which:

(a) Revise the plan to include the dumping of hazardous chemical wastes and solid wastes;

(b) Revise the plan to include the permanent relocation of a perennial stream;

(c) Revise the plan to include the use of explosives;

(d) Revise the plan to include the construction of an excess spoil disposal fill;

(e) Revise the plan to include the construction of a coal processing waste bank;

(f) Revise the plan to include the use of waste material as fill;

(g) Revise the plan to change the postmining land use pursuant to rule 1501:13-9-17 of the Administrative Code;

(h) Revise the plan to change the subsidence control plan;

(i) Revise the plan to change to a concurrent surface and underground mining operation;

(j) Revise the plan to include the construction of either a permanent or temporary impoundment that has an embankment more than twenty feet in height, as measured from the upstream toe of the embankment to the crest of the emergency spillway or has a storage volume of twenty-acre feet or more;

(k) Revise the plan to include a variance from approximate original contour; or

(l) Any other revision which the chief, by order, determines to be significant;

(3) Be filed with the chief:

(a) Prior to making changes in the mining and reclamation operations;

(b) If the change is required by paragraph (G) of this rule, within the time period specified in the order;

(4) Be approved or disapproved by the chief within ninety days of receipt of a complete revision request, provided that failure to disapprove shall not be deemed approval and that significant revisions in the reclamation plan shall be subject to notice and hearing requirements in accordance with paragraph (E)(2) of this rule;

(5) Be reviewed by the chief to determine whether a new or updated probable hydrologic consequences determination shall be required pursuant to either paragraph (E)(2) of rule 1501:13-4-05 or paragraph (E)(2) of rule 1501:13-4-14 of the Administrative Code;

(6) Be reviewed by the chief to determine whether a new or updated cumulative hydrologic impact assessment shall be required pursuant to divisions (B)(1)(k) and (E)(2)(c) of section 1513.07 of the Revised Code; and

(7) Be reviewed by the chief to determine if an adjustment of the estimated cost of reclamation shall be required pursuant to paragraph (E) of rule 1501:13-7-02 of the Administrative Code.

(F) Any extensions to the area covered by a permit, except for incidental boundary revisions, shall be made by application for a new permit.

(G) The chief shall review each permit.

(1) Review by the chief shall occur not later than the middle of the permit term or every five years whichever is more frequent. After this review, the chief may require, by order to the permittee, reasonable revision or modification of the permit provision to ensure compliance with Chapter 1513. of the Revised Code and these rules.

(2) Permits that include provisions for mountaintop removal operations, experimental practices, variances from approximate original contour, or variances for delay in contemporaneous reclamation for combined strip and underground mining operations shall be reviewed by the chief as required by rule 1501:13-4-12 of the Administrative Code. Upon completion of the review, the chief may order revisions or modifications of the mining and reclamation plan to ensure compliance with Chapter 1513. of the Revised Code and Chapter 1501:13-9 of the Administrative Code. The order shall be in writing and shall set forth the findings that require the revisions or modifications.

(H) Transfer, assignment, or sale of permit rights.

(1) Any person seeking to succeed by transfer, assignment, or sale to the rights granted by a permit shall, prior to the date of such transfer, assignment or sale:

(a) Obtain appropriate performance security coverage for the permitted operation by:

(i) Obtaining transfer of the original performance security coverage of the original permittee, provided that the successor meets the eligibility requirements of paragraph (C)(2)(a) of rule 1501:13-7-01 of the Administrative Code where performance security is to be provided together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of that rule; or

(ii) Providing sufficient performance security in accordance with Chapter 1501:13-7 of the Administrative Code.

(b) Obtain insurance coverage in accordance with rule 1501:13-7-07 of the Administrative Code;

(c) Provide the chief with an application for approval of such proposed transfer, assignment, or sale including:

(i) The name and address of the existing permittee and permit number;

(ii) A brief description of the proposed action requiring approval;

(iii) The name and address of the person proposing to succeed by such transfer, assignment, or sale and the name and address of that person's resident agent; and

(iv) The same information as is required by rules 1501:13-4-03 and 1501:13-7-07 of the Administrative Code for applications for new permits for those activities; and

(d) Obtain the written approval of the chief for transfer, assignment, or sale of rights, according to paragraph (H)(4) of this rule.

(2) Prior to the approval of the transfer, assignment or sale, the chief may require that any civil penalties assessed on the permit be paid. No transfer, assignment or sale will be approved if the person succeeding to the permit owes civil penalties to the state.

(3) Advertisement and comment.

(a) The person applying for approval of such transfer, assignment or sale of rights granted by a permit shall advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the original permittee, the permit number and particular geographic location of the permit, and the address to which written comments may be sent under this paragraph.

(b) Any person whose interests are or may be adversely affected, including, but not limited to, the head of any local, state or federal government agency may submit written comments on the application for approval to the chief within ten days after the advertisement of the application is published.

(4) The chief may, upon the basis of the applicant's compliance with the requirements of paragraphs (H)(1) to (H)(3) of this rule, grant written approval for the transfer, sale, or assignment of rights under a permit, if he or she first finds, in writing, that:

(a) The person seeking approval will conduct the operations covered by the permit in accordance with the requirements of Chapter 1513. of the Revised Code and these rules;

(b) The applicant is eligible to receive a permit in accordance with paragraphs (E) and (F) of rule 1501:13-5-01 of the Administrative Code;

(c) The applicant has, in accordance with paragraph (H)(1)(a) of this rule, submitted performance security as required by Chapter 1501:13-7 of the Administrative Code in an amount at least equivalent to the performance security of the original permittee; and

(d) The applicant will continue to conduct the operations involved in full compliance with the terms and conditions of the original permit, unless and until the applicant has obtained a new permit.

(5) Notification.

(a) The chief shall notify the permittee, the successor, commenters, and the office of surface mining of his or her findings.

(b) The successor shall immediately provide written notice to the chief of the consummation of the transfer, assignment, or sale of permit rights.

(I) The permittee shall notify the chief within a reasonable amount of time not later than thirty days after any addition, departure, or change in the persons required to be shown in the permit application, pursuant to division (B)(1)(d) of section 1513.07 of the Revised Code, by submitting, in writing, the following information:

(1) The person's name, address, and telephone number;

(2) The person's position title and relationship to the applicant, including percentage of ownership and location in the organizational structure;

(3) The date the person began functioning in the position; and

(4) The date of any departure.

(J) The permittee shall notify the chief in writing of any change in the address of the principal place of business required in the permit application, pursuant to paragraph (B)(1)(a) of rule 1501:13-4-03 of the Administrative Code.

(K) For those applicants who qualify for the small operator assistance program (S.O.A.P.), the applicant shall initiate action for the assistance sufficiently in advance to allow the division time to prepare the information required by paragraph (A) of rule 1501:13-6-03 of the Administrative Code. The applicant shall submit the information required under paragraph (D) of rule 1501:13-6-03 of the Administrative Code at the time of filing a complete permit application.

(L) Subsequent to any amendment of Chapter 1513. of the Revised Code or adoption of new or amended rules, the applicant shall revise those applications on file with the chief to comply with the permit requirements of the amended chapter or new or amended rules. This paragraph does not apply to those applications for which a permit has been issued except as provided under paragraph (G) of this rule.

(M) Determinations of the chief under this rule may be appealed to the reclamation commission pursuant to section 1513.13 of the Revised Code.

Last updated June 25, 2025 at 7:45 PM

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-5-01

(A) Public notices of filing of permit applications, applications for significant revisions to permits, and applications for permit renewal.

(1) After the chief determines an application for a permit, for a significant revision to a permit, or for a permit renewal to be complete, the applicant shall place an advertisement in a local newspaper of general circulation in the locality of the proposed coal mining and reclamation operations at least once a week for four consecutive weeks. The advertisement shall contain, at a minimum, the following information:

(a) The name and business address of the applicant;

(b) A description which shall:

(i) Clearly describe towns, rivers, streams, or other bodies of water, local landmarks, and any other information, including routes, streets, or roads and accurate distance measurements, necessary to allow local residents to readily identify the proposed permit area;

(ii) Clearly describe the exact location and boundaries of the proposed permit area; and

(iii) State the name of the U.S. geological survey 7.5 minute quadrangle map(s) which contains the area described;

(c) The location where a copy of the application is available for public inspection under paragraph (A)(4) of this rule;

(d) The address of the "Division of Mineral Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229" to which written comments, objections, or requests for informal conferences on the application may be submitted under paragraph (B) of this rule and rule 1501:13-14-05 of the Administrative Code;

(e) If the application includes a road permit, approved by the road authority, to conduct coal mining operations within one hundred feet of the outside right-of-way of a public road or to relocate or close a public road, a concise statement describing the public road, the particular part to be relocated, where the relocation is to occur, and the approximate timing and duration of the relocation or closing;

(f) If the application includes a request for an experimental practice under rule 1501:13-4-12 of the Administrative Code, a statement indicating that an experimental practice is requested and identifying the rule of the Administrative Code for which a variance is requested; and

(g) If the application includes a request for restoration off the permit area by means of mitigation pursuant to rule 1501:13-13-08 of the Administrative Code, a statement indicating that such restoration is requested.

(2) Upon receipt of a complete application for a permit, for a significant revision to a permit or for a permit renewal, the chief shall issue written notification of:

(a) The applicant's intention to conduct coal mining and reclamation operations at a particularly described tract of land;

(b) The application or permit number;

(c) Where a copy of the application may be inspected; and

(d) Where comments on the application may be submitted under paragraph (B) of this rule.

(3) The written notification described in paragraph (A)(2) of this rule shall be sent to:

(a) Federal, state, and local government agencies with jurisdiction over or an interest in the area of the proposed operations;

(b) Government planning agencies with jurisdiction to act with regard to land use, air, or water quality planning in the area of the proposed operations;

(c) Sewage and water treatment authorities and water companies, either providing sewage or water services to users in the area of the proposed operations or having water sources or collection, treatment, or distribution facilities located in these areas;

(d) The federal or state government agencies with authority to issue all other permits and licenses needed by the applicant in connection with operations proposed in the application; and

(e) The board of county commissioners, the board of township trustees, the legislative authorities of municipal corporations, private water companies, regional councils of governments, and the boards of directors of conservancy districts in each county or part of a county in which the proposed operations are located.

(4) Availability of permit applications, applications for significant revisions to permits, and applications for permit renewal.

(a) The applicant shall make a full copy of the complete application for a permit, a significant permit revision, or a permit renewal available for the public to inspect and copy. This shall be done by filing a copy of the application submitted to the chief at the division of mineral resources management district office responsible for inspection of the proposed operation, or if no such office is maintained in the county where the mining is proposed to occur, the applicant shall file a copy of the application with the county recorder of that county or at the office of the natural resources conservation service of the United States department of agriculture located in the county where the mining is proposed to occur.

(b) The applicant shall file the copy of the complete application under paragraph (A)(4)(a) of this rule by the first date of newspaper advertisement of the application. The applicant shall file any subsequent changes to the application with the public office at the same time the change is submitted to the chief.

(B) Comments and objections on permit applications, applications for significant revisions to permits and applications for permit renewal.

(1) Within thirty days of notification by the chief, as provided under paragraph (A)(3) of this rule, written comments or objections on an application for a permit, significant revision to a permit, or permit renewal may be submitted to the chief by such public entities with respect to the effects of the proposed mining operations on the environment within their area of responsibility.

(2) Written comments regarding or objections to an application for a permit, significant revision to a permit, or permit renewal may be submitted to the chief by any person having an interest which is or may be adversely affected by the decision on the application, or by an officer or head of any federal, state or local government agency or authority, within thirty days after the last publication of the newspaper notice required under paragraph (A) of this rule.

(3) The chief shall, upon receipt of such written comments or objections, transmit a copy of such written comments or objections to the applicant and file a copy for public inspection at the same public office where the application is filed.

(C) Informal conferences. Any person having an interest which is or may be adversely affected by the issuance of or significant revision to a permit, or by the renewal of a permit, or the officer or head of any federal, state or local government agency or authority may, in writing, within thirty days after the last publication of the newspaper notice required under paragraph (A) of this rule, request that the chief hold an informal conference in accordance with rule 1501:13-14-05 of the Administrative Code.

(D) Review of permit applications, applications for revisions to permits, and applications for permit renewals.

(1) Preliminary review by the chief.

(a) The chief shall review the complete application and any written comments or written objections submitted, and records of any informal conference held under rule 1501:13-14-05 of the Administrative Code.

(b) The applicant for a permit, revision to a permit, or permit renewal shall have the burden of establishing that the application is in compliance with all of the requirements of Chapter 1513. of the Revised Code and these rules.

(2) Time frames for review.

(a) If there has been no informal conference held pursuant to section 1513.071 of the Revised Code, the chief shall submit to the applicant for a permit the written finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within the time frames established in paragraph (D)(2)(b) of this rule. If there has been an informal conference held pursuant to section 1513.071 of the Revised Code, the chief shall submit to the applicant for a permit the written finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within the time frames established in paragraph (B)(3) of rule 1501:13-14-05 of the Administrative Code and paragraph (D)(2)(b) of this rule.

(b) The chief shall grant or deny a permit not later than two hundred forty business days after the submission of a complete application for the permit. Any time during which the applicant is making revisions to the application or providing additional information requested by the chief regarding an application shall not be included in the two hundred forty business days. If the chief determines that a permit cannot be granted or denied within the two-hundred-forty-business-day time frame, the chief, not later than two hundred ten business days after the submission of a complete application for the permit, shall provide the applicant with written notice of the expected delay.

(3) If the chief decides to approve the application, he or she shall require that the applicant file the performance security before the permit is issued, in accordance with the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(4) The chief shall determine, based on the list of violation notices submitted as part of the application under paragraph (C)(3) of rule 1501:13-4-03 of the Administrative Code or on available information concerning federal or state failure-to-abate cessation orders, unabated federal or state imminent harm cessation orders, delinquent civil penalties issued pursuant to rule 1501:13-14-03 of the Administrative Code or section 518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), delinquent abandoned mine reclamation fees, or forfeitures of a coal mining bond, performance security, or similar security deposited in lieu of a bond in this or any other state or with the United States where the violations upon which the forfeitures were based have not been corrected, that any coal mining operation owned or controlled by the applicant or by any person who owns or controls the applicant is not currently in violation of any law, rule, or regulation of the United States or any state law, rule or regulation enacted pursuant to federal law, rule or regulation pertaining to air or water environmental protection. If this determination cannot be made, the chief shall not issue the permit. The chief shall require the applicant, before the issuance of the permit, to either:

(a) Submit to the chief proof that the violation has been corrected or is in the process of being corrected to the satisfaction of the agency that has jurisdiction over the violation, and submit to the chief proof that any civil penalties owed to the state for a violation not the subject of an appeal have been paid; or

(b) Establish for the chief that the applicant, or any person owned or controlled by either the applicant or any person who owns or controls the applicant, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of that violation. If the administrative or judicial hearing authority affirms the violation, then any coal mining operations being conducted under a permit issued according to this paragraph shall be immediately terminated, unless and until the provisions of paragraph (D)(4)(a) of this rule are satisfied.

(5) For the purposes of paragraph (D)(4) of this rule, the chief may presume that, in the absence of a failure-to-abate cessation order, a notice of violation issued pursuant to paragraph (B) of rule 1501:13-14-02 of the Administrative Code or under any equivalent state or federal law, rule or regulation has been or is being corrected to the satisfaction of the agency with jurisdiction over the violation, except where evidence to the contrary is set forth in the permit application, or where the notice of violation is issued for nonpayment of abandoned mine reclamation fees or civil penalties.

(6) No permit shall be issued to an applicant if a determination is made by the chief that the applicant, anyone who owns or controls the applicant, or the operator specified in the application controls or has controlled mining operations with a demonstrated pattern of willful violations of Chapter 1513. of the Revised Code and these rules of a nature and duration to result in irreparable damage to the environment as to indicate an intent not to comply with or a disregard of Chapter 1513. of the Revised Code or division 1501:13 of the Administrative Code.

(7) Any permit that is issued on the basis of proof submitted under paragraph (D)(4)(a) of this rule that a violation is in the process of being corrected, or pending the outcome of an appeal described in paragraph (D)(4)(b) of this rule, shall be conditionally issued.

(8) Subsequent to the effective date of this rule, the prohibitions of paragraph (D)(4) of this rule regarding the issuance of a new permit, shall not apply to any violation that:

(a) Occurs after that date;

(b) Is unabated; and

(c) Results from an unanticipated event or condition that arises from a surface coal mining and reclamation operation on lands that are eligible for remining under a permit:

(i) Issued pursuant to paragraph (L) of rule 1501:13-4-12 of the Administrative Code; and

(ii) Held by the person making application for the new permit.

(d) For permits issued under paragraph (L) of rule 1501:13-4-12 of the Administrative Code, an event or condition shall be presumed to be unanticipated for the purposes of this paragraph if it:

(i) Arose after permit issuance;

(ii) Was related to prior mining; and

(iii) Was not identified in the permit.

(E) Criteria for approval or denial of an application. No application for a permit, significant revision to a permit, or permit renewal shall be approved unless the application affirmatively demonstrates, and the chief finds, in writing, on the basis of information set forth in the application or from information otherwise available, that is documented in the approval and made available to the applicant, that:

(1) The application is accurate and complete and that all requirements of Chapter 1513. of the Revised Code and all rules adopted thereunder have been complied with;

(2) The applicant has demonstrated that coal mining and reclamation operations, as required by Chapter 1513. of the Revised Code and all rules adopted thereunder, can be feasibly accomplished under the mining and reclamation operations plan contained in the application;

(3) The assessment of the probable cumulative hydrologic impacts of all anticipated coal mining in the general area on the hydrologic balance, as described in divisions (B)(1)(k) and (E)(2)(c) of section 1513.07 of the Revised Code, has been made by the chief and the operations proposed under the application have been designed to prevent material damage to the hydrologic balance outside the proposed permit area;

(4) The proposed permit area is:

(a) Not included within an area designated unsuitable for coal mining operations under rule 1501:13-3-07 of the Administrative Code;

(b) Not within an area under study for designation as unsuitable for coal mining operations in an administrative proceeding begun under rule 1501:13-3-07 of the Administrative Code, unless the applicant demonstrates that, before January 4, 1977, substantial legal and financial commitments were made in relation to the operation for which the applicant is applying for a permit;

(c) Not on any lands subject to the prohibitions or limitations of paragraph (A)(1), (A)(2), (A)(6), (A)(7) or (A)(8) of rule 1501:13-3-03 of the Administrative Code;

(d) Not within one hundred feet of the outside right-of-way line of any public road, except as provided for in paragraph (C) of rule 1501:13-3-04 of the Administrative Code; and

(e) Not within three hundred feet from any occupied dwelling, except as provided for in paragraph (A)(5) of rule 1501:13-3-03 or paragraph (D) of rule 1501:13-3-04 of the Administrative Code;

(5) The proposed operations will not adversely affect any publicly owned parks or places included in the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, except as provided for in paragraph (A)(3) of rule 1501:13-3-03 of the Administrative Code. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html;

(6) For operations involving the mining of coal where the private mineral estate to be mined has been severed from the private surface estate and surface disturbance will result from the applicant's proposed use of a surface mining method, the applicant has submitted to the chief the documentation required under paragraph (D)(3) of rule 1501:13-4-03 of the Administrative Code;

(7) The applicant has either:

(a) Submitted the proof required by paragraph (D)(4)(a) of this rule; or

(b) Made the demonstration required by paragraph (D)(4)(b) of this rule;

(8) The applicant has submitted proof, by affidavit and supporting documentation, that all reclamation fees from previous and existing operations as required by Subchapter R of Chapter VII of Title 30 of the Federal Code of Regulations have been paid;

(9) The coal mining and reclamation operations to be performed under the permit will not be inconsistent with other such operations anticipated to be performed during the same permit term in areas adjacent to the proposed permit area;

(10) The applicant will submit the performance security required under Chapter 1513. of the Revised Code and these rules prior to the issuance of the permit;

(11) The applicant has, with respect to prime farmland, obtained either a negative determination or satisfied the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code;

(12) The proposed postmining land use of the permit area has been approved by the chief in accordance with the requirements of rule 1501:13-9-17 of the Administrative Code;

(13) The chief has made all specific approvals required under division 1501:13 of the Administrative Code;

(14) The operations are not likely to jeopardize the continued existence of endangered or threatened species or are not likely to result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.);

(15) The applicant has satisfied the applicable permit requirements for special categories of mining under requirements of rule 1501:13-4-12 of the Administrative Code;

(16) The chief has taken into account the effect of the proposed permitting action on properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (E)(5) of this rule. Some of the ways in which the chief may take into account the effect of the proposed permitting action on such historic resources include, but are not limited to:

(a) Imposing permit conditions which protect the historic resource;

(b) Requiring revision of the proposed operation plan before application approval; and

(c) Concluding in a written finding that no protection measures are necessary;

(17) The applicant has demonstrated that any existing structure will comply with the requirements of paragraph (C) of rule 1501:13-1-01 of the Administrative Code and the applicable performance standards of division 1501:13 of the Administrative Code;

(18) For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements of paragraph (L)(3) of rule 1501:13-9-14 of the Administrative Code, the site of the operation is a previously mined area as defined in rule 1501:13-1-02 of the Administrative Code; and

(19) For operations which will include remining areas under paragraph (L) of rule 1501:13-4-12 of the Administrative Code, the application includes:

(a) Lands eligible for remining;

(b) An identification of the potential environmental and safety problems related to prior mining activity which could reasonably be anticipated to occur at the site; and

(c) Mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation as required by the applicable requirements of Chapter 1513. of the Revised Code can be accomplished.

(F) Final compliance review. After an application is approved, but before the permit is issued, the chief shall reconsider his or her decision to approve the application, based on the compliance review required by paragraph (D)(4) of this rule in light of any new information submitted under paragraphs (B)(11) and (C)(5) of rule 1501:13-4-03 of the Administrative Code.

(G) Conditions of permits: general and right of entry. Each permit issued by the chief shall ensure and contain specific conditions requiring that:

(1) Except to the extent that the chief otherwise directs in the permit that specific actions be taken, the permittee shall conduct all coal mining and reclamation operations as described in the complete application;

(2) The permittee shall allow the authorized representatives of the secretary of the department of the interior, including, but not limited to, inspectors and fee compliance officers, and the chief and his or her authorized representatives, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to:

(a) Have the rights of entry provided for in paragraph (B) of rule 1501:13-14-01 of the Administrative Code; and

(b) Be accompanied by private persons for the purpose of conducting an inspection in accordance with rule 1501:13-14-01 of the Administrative Code when the inspection is in response to an alleged violation reported to the chief by the private person;

(3) The permittee shall conduct coal mining and reclamation operations only on those lands specifically designated on the maps submitted under rules 1501:13-4-04, 1501:13-4-05, 1501:13-4-07, 1501:13-4-08, 1501:13-4-08.1, 1501:13-4-13 and 1501:13-4-14 of the Administrative Code and approved for the term of the permit and which are subject to the performance security in effect pursuant to Chapter 1501:13-7 of the Administrative Code. The permit shall contain a specific condition to prohibit the commencement of coal mining operations on any land that is located within the permit area or the shadow area if the permittee has not provided to the chief documents that form the basis of the permittee's legal right to enter and conduct coal mining operations on that land;

(4) The permittee shall not operate without adequate performance security coverage in effect at all times; and

(5) Within thirty days after a cessation order is issued under rule 1501:13-14-02 of the Administrative Code or 30 C.F.R. 843.11, for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect, the permittee shall submit to the chief the following information, current to the date the cessation order was issued, or notify the chief in writing that there has been no change since the immediately preceding submittal of such information:

(a) Any new information needed to correct or update the information previously submitted to the chief by the permittee under paragraph (B)(5) of rule 1501:13-4-03 of the Administrative Code; or

(b) If not previously submitted, the information required from a permit applicant by paragraph (B)(5) of rule 1501:13-4-03 of the Administrative Code.

(H) Conditions of permits: environment, public health and safety. Each permit issued by the chief shall ensure and contain specific conditions requiring that:

(1) The permittee shall take all possible steps to minimize any adverse impacts to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including, but not limited to:

(a) Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance;

(b) Immediate implementation of measures necessary to comply; and

(c) Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance;

(2) The permittee shall dispose of solids, sludge, filter backwash, or pollutants removed in the course of treatment or control of waters or emissions to the air in the manner required by Chapter 1513. of the Revised Code and all rules adopted thereunder and which prevents violation of any other applicable state or federal law;

(3) The permittee shall conduct his or her operations:

(a) In accordance with any measures specified in the permit as necessary to prevent significant, imminent environmental harm to the health and safety of the public; and

(b) Utilizing any methods specified in the permit by the chief in approving alternative methods of compliance with the performance standards of Chapter 1513. of the Revised Code and all rules adopted thereunder;

(4) As applicable, the permittee shall comply with paragraph (C) of rule 1501:13-1-01 of the Administrative Code and with the permanent or interim program requirements of division 1501:13 of the Administrative Code for compliance, modification, or abandonment of existing structures; and

(5) The permittee shall pay all reclamation fees, as required by Subchapter R of Chapter VII of Title 30 of the Federal Code of Regulations for coal produced under the permit for sale, transfer or use.

(I) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-10

(A) The chief shall make available to the public for inspection and copying, at reasonable times, all documents relating to:

(1) Applications for permits, revisions, renewals, and transfers, assignments or sales of permit rights; and

(2) Inspection and enforcement actions.

(B)

(1) Copies of such records, reports, inspection materials or information obtained by the chief shall be made immediately available to the public at the local district offices of the division of mineral resources management closest to the coal mining and reclamation operations until at least five years after expiration of the period during which the subject operation is active or is covered by any portion of a reclamation performance security.

(2) To ensure compliance with paragraph (B)(1) of this rule the chief shall, at the division of mineral resources management district office responsible for inspection of the operation or, if no such office is maintained in the county where the mining is occurring or proposed to occur, at the office of the county recorder of that county or at the county office of the natural resources conservation service of the United States department of agriculture, either:

(a) Make copies of all records, reports, inspection materials, and other subject information available for public inspection; or

(b) Post for public inspection a description of the information available for mailing and a procedure for obtaining such information and, upon request, provide copies of subject information promptly by mail or electronic mail.

(i) If a resident of the area where the mining is occurring or proposed to occur makes a request under paragraph (B)(2)(b) of this rule, the division shall provide copies for no charge.

(ii) If a person other than a resident of the area where the mining is occurring or proposed to occur makes a request under paragraph (B)(2)(b) of this rule, the division shall follow the policy of the department of natural resources in charging for copies.

(C) Records which are confidential and unavailable to the public include:

(1) Information that pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on the components of such coal which are potentially toxic in the environment;

(2) Preparatory materials relating to hearings and enforcement proceedings which are investigative in nature, and information provided by an information source or witness to whom confidentiality has been promised;

(3) Information submitted to the chief if the person submitting it requests in writing at the time of submission that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information relating to the competitive rights of persons intending to conduct coal exploration; and

(4) Information on the nature and location of archeological resources as required under the Archeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq., as amended.

(D) Except as otherwise limited by paragraph (C)(1) of this rule, information pertaining to coal seams, test borings, core samplings or soil samples in an application shall be made available to any person with an interest which is or may be adversely affected.

(E) The availability of other records or documents in the possession of the chief is subject to section 149.43 of the Revised Code, Chapter 1347. of the Revised Code, and other state and federal laws as may be applicable.

(F) The chief shall provide for procedures, including notice and opportunity to be heard for persons both seeking and opposing disclosure, to maintain information required to be kept confidential under this rule separately from other portions of the permit application. This information shall be clearly identified by the applicant and submitted separately from other portions of the application.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-02

(A) Cessation orders.

(1) Imminent danger; significant harm.

(a) An authorized representative of the chief shall immediately order a cessation of coal mining and reclamation operations or of the relevant portion thereof, if he or she finds on the basis of any inspection, any condition or practice, or any violation of Chapter 1513. of the Revised Code or rules adopted thereunder, or any condition of a coal exploration approval or permit or a coal mining and reclamation permit, which:

(i) Creates an imminent danger to the health or safety of the public; or

(ii) Is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resources.

(b) If the cessation ordered under paragraph (A)(1)(a) of this rule will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the authorized representative of the chief shall impose affirmative obligations on the person to whom it is issued to abate the condition, practice or violation. The order shall specify the time by which abatement shall be accomplished.

(2) Coal mining operations conducted by any person without a valid permit issued pursuant to these rules constitute a condition or practice which causes or can reasonably be expected to cause significant imminent environmental harm to land, air or water resources, unless such operations are an integral, uninterrupted extension of previously permitted operations, and the person conducting such operations has filed a timely and complete application for a permit to conduct such operations.

(3) Failure to abate violation.

(a) An authorized representative of the chief shall immediately order the cessation of coal exploration or coal mining and reclamation operations, or of the relevant portion thereof, when a notice of violation has been issued under paragraph (B) of this rule and the person to whom it was issued fails to abate the violation within the abatement period fixed or subsequently extended by the authorized representative.

(b) A cessation order issued under paragraph (A)(3) of this rule shall require the person to whom it is issued to take all steps the authorized representative of the chief deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.

(c) Whenever a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatement period set in the notice or order or as subsequently extended, the chief shall review the permittee's history of violations to determine whether a pattern of violations exists pursuant to this rule, and shall issue an order to show cause as appropriate pursuant to paragraph (C) of this rule.

(4) A cessation order issued under paragraph (A)(1) or (A)(3) of this rule shall be in writing, signed by the authorized representative who issues it, and shall set forth with reasonable specificity:

(a) The nature of the condition, practice, or violation;

(b) The remedial action or affirmative obligation required, if any, including interim steps, if appropriate;

(c) The time established for abatement, if appropriate, including the time for meeting any interim steps; and

(d) A reasonable description of the portion of the coal exploration or coal mining and reclamation operation to which it applies. The order shall remain in effect until the condition, practice or violation has been abated or until the order is vacated, modified or terminated in writing by an authorized representative of the chief.

(5) Reclamation operations and other activities intended to protect public health and safety and the environment shall continue during the period of any order unless otherwise provided in the order.

(6) An authorized representative of the chief may modify, terminate or vacate a cessation order for good cause, and may extend the time for abatement if the failure to abate within the time previously set was not caused by lack of diligence on the part of the person to whom it was issued.

(7) An authorized representative of the chief shall terminate a cessation order, by written notice to the person to whom the order was issued, when he or she determines that all conditions, practices, or violations listed in the order have been abated. Termination shall not affect the right of the chief to assess civil penalties for those violations under rule 1501:13-14-03 of the Administrative Code.

(8) Within thirty days after a cessation order is issued, the permittee shall submit to the chief the information required pursuant to paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code. Within sixty days after issuing a cessation order, the chief shall notify in writing any person who has been identified under paragraph (B)(5) or (B)(7) of rule 1501:13-4-03 or paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code as owning or controlling the permittee that the cessation order was issued and that the person has been identified as an owner or controller.

(9) If performance security was provided together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code and the chief has issued a cessation order under paragraph (A)(3) of this rule for failure to abate a violation of the contemporaneous reclamation requirement under rule 1501:13-9-13 of the Administrative Code, the chief may require the permittee to increase the amount of performance security for the permit from twenty-five hundred dollars per acre of land to five thousand dollars per acre of land.

(a) If the cessation order is for failure to abate a violation of the contemporaneous reclamation requirement for backfilling and/or grading and permittee has not abated the violation within thirty days of the issuance of the cessation order, the chief may, in writing, order the permittee to increase, within ten days, the amount of performance security to five thousand dollars per acre of land.

(b) If the cessation order is for failure to abate a violation of the contemporaneous reclamation requirement for any reason other than backfilling and/or grading and permittee has not abated the violation within thirty days of the issuance of the cessation order, the chief may determine the amount of performance security increase and may, in writing, order the permittee to increase, within ten days, performance security by the amount specified in the order, not to exceed a total of five thousand dollars per acre of land.

(c) If the chief orders the permittee to increase the amount of performance security under paragraph (A)(9)(a) or (A)(9)(b) of this rule, the chief shall also order the permittee to show cause why the permittee has the ability to comply with the requirements of Chapter 1513. of the Revised Code in accordance with paragraph (B) of rule 1501:13-7-06 of the Administrative Code.

(d) If the chief orders the permittee to increase the amount of performance security under paragraph (A)(9)(a) or (A)(9)(b) of this rule, the increased performance security shall remain in effect for the permit, including all future acreage of the permit, until the chief determines that the amount of performance security may be reduced. When the permittee abates the violation contained in the cessation order that resulted in the increase in performance security, the permittee may request the chief, in writing, to reduce the amount of performance security per acre. The chief shall determine, in writing, whether or not the performance security may be reduced and the amount of performance security reduction, if any, based on the overall site conditions of the permit, the success of the reclamation performed, the permittee's compliance with other enforcement actions, and the outcome of the show cause hearing held pursuant to paragraph (B) of rule 1501:13-7-06 of the Administrative Code or of any show cause hearing requested under paragraph (C) of this rule.

(e) A reduction in the amount of performance security under paragraph (A)(9)(d) of this rule shall not be considered release of performance security and is not subject to division (F) of section 1513.16 of the Revised Code.

(B) Notices of violation.

(1) An authorized representative of the chief shall issue a notice of violation, if, on the basis of an inspection, he or she finds a violation of Chapter 1513. of the Revised Code or rules adopted thereunder or any condition of a permit or an exploration permit, which does not create an imminent danger or harm for which a cessation order must be issued under paragraph (A) of this rule.

(2) A notice of violation issued under this rule shall be in writing, signed by the authorized representative of the chief who issued it, and shall set forth with reasonable specificity:

(a) The nature of the violation;

(b) The remedial action required, which may include interim steps;

(c) A reasonable time for abatement, which may include time for accomplishment of interim steps; and

(d) A reasonable description of the portion of the coal exploration or coal mining and reclamation operation to which it applies.

(3) An authorized representative of the chief may extend the time set for the abatement or for accomplishment of an interim step, if the failure to meet the time previously set was not caused by lack of diligence on the part of the person to whom it was issued. The total time for abatement under a notice of violation, including all extensions, shall not exceed ninety days from the date of issuance, except upon a showing by the permittee that it is not feasible to abate the violation within ninety calendar days due to one or more of the circumstances listed in paragraph (B)(3) of this rule. An extended abatement date pursuant to this rule shall not be granted when the permittee's failure to abate within ninety days has been caused by lack of diligence or intentional delay by the permittee in completing the remedial action required. Circumstances which may qualify a coal mining operation for an abatement period of more than ninety days are:

(a) When a permittee has applied in a timely manner for, and diligently pursued, a permit renewal or other necessary approval of designs or plans but such renewal or approval has not been issued within ninety days after the permittee's valid permit expires for reasons not within the control of the permittee;

(b) When there is a valid judicial order precluding abatement within ninety days as to which the permittee has diligently pursued all rights of appeal and as to which he or she has no other effective legal remedy;

(c) When the permittee cannot abate within ninety days due to a labor strike;

(d) When climatic conditions preclude abatement within ninety days or when, due to climatic conditions, abatement within ninety days clearly would cause more environmental harm than it would prevent; or

(e) When abatement within ninety days requires action that would violate safety standards established by statute or regulation under the Mine Safety and Health Act of 1977, 30 U.S.C. 801 to 965, as amended.

(4) Whenever an abatement time in excess of ninety days is granted, interim abatement measures shall be imposed to the extent necessary to minimize harm to the public or the environment.

(5) If any of the conditions in paragraph (B)(3) of this rule exist, the permittee may request the authorized representative to grant an abatement period exceeding ninety days. The authorized representative shall not grant or deny such an abatement period without the concurrence of the chief and the abatement period granted shall not exceed the shortest possible time necessary to abate the violation. The permittee shall have the burden of establishing by clear and convincing proof that he or she is entitled to an extension under the provisions of paragraph (B)(3) of this rule. In determining whether or not to grant an abatement period exceeding ninety days, the authorized representative may consider any relevant written or oral information from the permittee or any other source. The authorized representative shall promptly and fully document in the file his or her reasons for granting or denying the request. The authorized representative's immediate supervisor shall review this document before concurring in or disapproving the extended abatement date and shall promptly and fully document the reasons for his or her concurrence or disapproval in the file.

(6) Any determination made under paragraph (B)(5) of this rule shall be in writing and shall contain a right of appeal to the reclamation commission.

(7) No extension granted under paragraph (B)(5) of this rule may exceed ninety days in length. If the condition or circumstance which prevented abatement within ninety days exists at the expiration of any such extension, the permittee may request a further extension in accordance with the procedures of paragraph (B)(5) of this rule.

(8) If the person to whom the notice was issued fails to meet any time set for abatement or for accomplishment of an interim step, the authorized representative shall issue a cessation order under paragraph (A) of this rule.

(9) An authorized representative of the chief shall terminate a notice of violation by written notice to the person to whom it was issued, when he or she determines that all violations listed in the notice of violation have been abated. Termination shall not affect the right of the chief to assess civil penalties for those violations under rule 1501:13-14-03 of the Administrative Code.

(C) Show cause orders.

(1) If the chief determines that, for any permit, there exists or has existed a pattern of violations of any requirements of Chapter 1513. of the Revised Code, these rules, or any permit condition, and that the violations were caused by the permittee willfully or through unwarranted failure to comply with those requirements or conditions, then the chief shall issue an order to the permittee requiring him or her to show cause why his or her permit and right to mine should not be suspended or revoked. Violations by any person conducting coal mining operations on behalf of the permittee shall be attributed to the permittee, unless the permittee establishes that they were acts of deliberate sabotage.

(2) The chief shall determine that a pattern of violations exists, if he or she finds that there were violations of the same or related requirements of Chapter 1513. of the Revised Code, these rules, or the permit during three or more inspections of the permit area within any twelve-month period.

(3) The chief may determine that a pattern of violations exists or has existed, based on two or more inspections of the permit area within any twelve-month period, after considering the circumstances, including:

(a) The number of violations, cited on more than one occasion, of the same or related requirements of Chapter 1513. of the Revised Code, these rules, or the permit;

(b) The number of violations, cited on more than one occasion, of different requirements of Chapter 1513. of the Revised Code, these rules, or the permit; and

(c) The extent to which the violations were isolated departures from lawful conduct.

(4) A show cause order shall set forth in the order itself or in attachments to the order:

(a) A list of the unwarranted or willful violations which contribute to a pattern of violations;

(b) A copy of each order or notice which contains one or more of the violations listed as contributing to a pattern of violations;

(c) A brief statement indicating the basis for determining that the violations were caused by the permittee willfully or through unwarranted failure to comply;

(d) The chief's intent to either revoke or suspend the permit, including the length and terms of a suspension; and

(e) A statement advising the permittee that if he or she wishes a show cause hearing, he or she must, within thirty days from receipt of the show cause order, file an answer to the show cause order and request a hearing.

(5) The permittee's answer to a show cause order shall contain a statement setting forth:

(a) The reasons in detail why a pattern of violations does not exist or has not existed including all the reasons for contesting:

(i) The fact of any of the violations alleged by the chief as constituting a pattern of violations;

(ii) The willfulness of such violations; or

(iii) Whether such violations were caused by the unwarranted failure of the permittee;

(b) All mitigating factors the permittee believes exist in determining the terms of the revocation or the length of terms of the suspension; and

(c) Any other alleged relevant facts.

(6) If the permittee files an answer to the show cause order and requests a show cause hearing, the chief shall give thirty days written notice of the date, time and place of the hearing to all interested parties. The chief shall publish notice of the hearing, if practicable, in a newspaper of general circulation in the area of the coal mining and reclamation operations, and shall post it at the division of mineral resources management district office closest to the coal mining and reclamation operations.

(7) If the permittee files an answer and requests a hearing, the chief or his or her representative shall hold a show cause hearing, which shall be a public adjudicatory hearing of record. The permittee issued the order to show cause shall appear at the hearing. The chief or his or her representative may accept oral or written statements and any other relevant information. An electronic or stenographic record shall be made of the hearing. The record shall be maintained and shall be accessible to the parties of the hearing until final release of the permittee's performance security required by Chapter 1513. of the Revised Code and rules adopted thereunder.

(8) In a show cause hearing, the chief shall have the burden of going forward to establish a prima facie case for suspension or revocation of the permit. The ultimate burden of persuasion that the permit should not be suspended or revoked shall rest with the permittee.

(9) Within sixty days following the show cause hearing:

(a) The chief shall issue a written determination as to whether a pattern of violations exists and, if appropriate, an order for the suspension or revocation of the permit.

(i) In making a determination that a pattern of violations exists, the chief need not find that all the violations listed in the show cause order occurred, but only that sufficient violations occurred to establish a pattern;

(ii) If the permit is suspended, the minimum suspension period shall be three working days unless the chief finds that imposition of the minimum suspension period would result in manifest injustice and would not further the purposes of Chapter 1513. of the Revised Code; and

(b) The chief shall furnish the permittee and all other parties of the hearing with the written determination, which shall state the reasons for this determination issued pursuant to paragraph (C)(9)(a) of this rule.

(10) Whenever the chief orders the revocation or suspension of the permit in the determination issued pursuant to paragraph (C)(9)(a) of this rule, the permittee shall immediately cease coal mining operations on the permit area and shall:

(a) If the permit and the right to mine are revoked, complete reclamation within the time specified in the order or the chief shall declare as forfeited the performance security for the operation; or

(b) If the permit and right to mine are suspended, complete all affirmative obligations to abate all conditions, practices or violations, as specified in the order.

(D) Service of notices and orders.

(1) Any notice or order shall be served on the person to whom it is directed or his or her designated agent promptly after issuance, as follows:

(a) By tendering a copy at the coal exploration or coal mining and reclamation operation to the person to whom it is directed or to the designated agent, or to the individual who, based upon reasonable inquiry by the chief's authorized representative, appears to be in charge of the coal exploration or coal mining and reclamation operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. In the event a notice or order is tendered to anyone other than to whom it is directed or his or her designated agent, service shall also be made by certified mail. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept; or

(b) As an alternative to paragraph (D)(1)(a) of this rule, service may be made by sending a copy of the notice or order by certified mail to the address shown as current on the permit in accordance with paragraph (B)(1)(a) of rule 1501:13-4-03 of the Administrative Code or by hand to the person to whom it is issued or his or her designated agent. Service shall be complete upon tender of the notice or order of the mail and shall not be deemed incomplete because of refusal to accept.

(c) In the event that attempts to deliver the notice or order by hand or by certified mail are unsuccessful, service of the notice or order may be made by first class mail to the most current address on file with the division of mineral resources management.

(2) Designation by any person of an agent for service of notices and orders shall be made in writing to the division of mineral resources management.

(E) Expiration of order of cessation.

(1) Except as provided in paragraph (E)(2) of this rule, a notice of violation or order which requires cessation of mining shall expire within thirty days after it is served unless a hearing has been held pursuant to section 1513.13 of the Revised Code within that time.

(2) A notice of violation or cessation order shall not expire as provided in paragraph (E)(1) of this rule, if the condition, practice, or violation in question has not been abated or if the hearing has been waived by the person to whom the notice or order was issued.

(F) Review of citations.

(1) A person issued a notice of violation or cessation order under this rule, or a person having an interest which is or may be adversely affected by the issuance, modification, vacation, or termination of a notice or order may request review of that action by filing an application for review and request for hearing under section 1513.13 of the Revised Code within thirty days after receiving notice of the action. Such person may also request temporary relief under division (C) of section 1513.13 of the Revised Code.

(2) The filing of an application for review and request for a hearing under paragraph (F) of this rule shall not operate as a stay of any notice or order, or of any modification, termination or vacation of either.

(G) Lack of information. No notice of violation, cessation order, show cause order, or order revoking or suspending a permit may be vacated because it is subsequently determined that the chief did not have information sufficient, under these rules, to justify an inspection.

(H) Inability to comply.

(1) No cessation order or notice of violation issued under these rules may be vacated because of inability to comply.

(2) Inability to comply may not be considered in determining whether a pattern of violations exists pursuant to paragraph (C) of this rule.

(3) Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under rule 1501:13-14-03 of the Administrative Code and of the duration of the suspension of a permit under paragraph (C) of this rule.

(I) Injunctive relief. The chief may request the attorney general of the state of Ohio to institute a civil action for relief, including a permanent or temporary injunction, restraining order or any other order in the court of common pleas for the county in which the coal exploration or coal mining and reclamation operation is located or in which the person to whom the notice of violation or order has been issued has his or her principal office whenever that person or his or her agent, in violation of Chapter 1513. of the Revised Code or rules adopted thereunder, or any condition of a coal exploration permit or a coal mining and reclamation permit:

(1) Violates or fails or refuses to comply with any order or decision of the chief or any authorized representative of the chief under Chapter 1513. of the Revised Code or rules adopted thereunder;

(2) Interferes with, hinders or delays the chief or an authorized representative in carrying out the provisions of Chapter 1513. of the Revised Code or rules adopted thereunder;

(3) Refuses to admit an authorized representative of the chief to a mine;

(4) Refuses to permit inspection of a mine by an authorized representative of the chief;

(5) Refuses to furnish any required information or report;

(6) Refuses to permit access to or copying of any required records; or

(7) Refuses to permit inspection of monitoring equipment.

(J) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-07

(A) Petitions.

(1) Right to petition. Any person having an interest which is or may be adversely affected has the right to petition the chief to have an area designated as unsuitable for coal mining operations, or to have an existing designation terminated. A person having an interest which is or may be adversely affected must demonstrate how he or she meets the "injury in fact" test by describing the injury to the specific affected interests and demonstrating how he or she is among the injured.

(2) Designation. Information that a petitioner must provide is:

(a) The location and approximate size of the area covered by the petition and a U.S. geological survey topographical map outlining the perimeter of the petitioned areas;

(b) Allegations of fact and supporting evidence, covering all lands in the petition area, which tend to establish that the area is unsuitable for all or certain types of coal mining operations, assuming that contemporary mining practices required by these rules would be followed if the area were to be mined. Each allegation of fact shall be specific as to the mining operation, if known, the portion(s) of the petitioned area, and the petitioner's interests to which the allegation applies, and shall be supported by evidence that tends to establish the validity of each allegation for the mining operation or portion of the petitioned areas;

(c) A description of how mining of the area has affected or may adversely affect people, land, air, water or other resources;

(d) The petitioner's name, address, telephone number and notarized signature; and

(e) Identification of the petitioner's interest which is or may be adversely affected, including a statement demonstrating how the petitioner satisfies the requirements of paragraph (A)(1) of this rule.

(3) Termination. A petitioner must provide the following information to terminate a designation:

(a) The location and approximate size of the area covered by the petition and a U.S. geological survey topographical map outlining the perimeter of the petitioned areas to which the termination petition applies;

(b) Allegations of fact and supporting evidence covering all lands for which termination is proposed. Each allegation of fact shall be specific as to the mining operation, if any, the portions of the petitioned area, and the petitioner's interests to which each allegation applies. Each allegation shall be supported by evidence, not contained in the record of the proceeding in which the area was designated unsuitable, that tends to establish the validity of each allegation for the mining operation or portion of the petitioned area, assuming that contemporary mining practices required by these rules would be followed were the area to be mined. Allegations and supporting evidence should also be specific with regard to the basis for which the designation was made and tend to establish that the designation should be terminated based on:

(i) The nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on criteria found in paragraph (A)(2) of rule 1501:13-3-05 of the Administrative Code; or

(ii) Reclamation now being technologically and economically feasible, if the designation was based on the criteria found in paragraph (A)(1) of rule 1501:13-3-05 of the Administrative Code; or

(iii) The resources or condition not being affected by coal mining operations, or in the case of land use plans, not being incompatible with coal mining operations during and after mining, if the designation was based on the criteria found in paragraph (A)(2) of rule 1501:13-3-05 of the Administrative Code;

(c) The petitioner's name, address, telephone number and a notarized signature;

(d) Identification of the petitioner's interest which is or may be adversely affected by the continuation of the designation, including a statement demonstrating how the petitioner satisfies the requirements of paragraph (A)(1) of this rule; and

(e) For areas previously and unsuccessfully proposed for termination, significant new allegations of fact and supporting evidence must be presented in the petition.

(B) Initial processing, recordkeeping, and notification requirements.

(1) Promptly after a petition is received, the chief shall notify the general public of the receipt of the petition by a newspaper advertisement placed in the locale of the area covered by the petition, in the newspaper providing broadest circulation in the region of the petitioned area.

(2) Within thirty days of receipt of a petition, the chief shall notify the petitioner by certified mail whether or not the petition is complete under paragraph (A)(2) or (A)(3) of this rule.

(3) The chief shall determine whether any identified coal resources exist in the area covered by the petition without requiring any showing from the petitioner. If the chief finds there are not any identified coal resources in that area, he or she shall return the petition to the petitioner with a statement of the findings.

(4) The chief may reject petitions for designations and terminations of designations which are frivolous. A "frivolous petition" is one in which the allegations of harm lack serious merit. Once the requirements of paragraph (A) of this rule are met, no party shall bear any burden of proof, but each accepted petition shall be considered and acted upon by the chief pursuant to the procedures of this rule.

(5) When considering a petition for an area which was previously and unsuccessfully proposed for designation, the chief shall determine if the new petition presents new allegations of fact. If the petition does not contain new allegations of fact, the chief shall not consider the petition and shall return the petition to the petitioner, with a statement of his or her findings and a reference to the record of the previous designation proceedings where the facts were considered.

(6) If the chief determines that the petition is incomplete or frivolous, he or she shall return the petition to the petitioner, with a written statement of the reasons for the determination and the categories of information needed to make the petition complete.

(7) The chief shall notify the person who submits a complete petition of any application for a permit received which proposes to include any area covered by the petition.

(8) The chief may determine not to process any petition received insofar as it pertains to lands for which a complete permit application has been filed and the first newspaper notice has been published. Based on such a determination, the chief may issue a decision on a complete and accurate permit application and shall inform the petitioner why the chief cannot consider the part of the petition pertaining to the proposed permit area.

(9) Within three weeks after the determination that a petition is complete, the chief shall make copies of the petition available to the public. He or she shall also circulate copies of the petition to, and request submissions of relevant information from, other interested governmental agencies, the petitioner, intervenors, persons with an ownership interest of record in the property, and other persons known to the chief to have an interest in the property.

(10) Within three weeks after the determination that a petition is complete, the chief shall notify the general public of the receipt of the petition and request submissions of relevant information by a newspaper advertisement placed in the newspaper providing broadest circulation in the region of the petitioned area once a week for two consecutive weeks in the locale of the area covered by the petition.

(11) Beginning immediately after a complete petition is filed, the chief shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the chief. The chief shall make the record available for public inspection, free of charge, and copying, at reasonable cost, during all normal business hours at the division's district office for the multi-county area in which the land petitioned is located, and at the main office of the chief.

(12) Until three days before the chief holds a hearing under paragraph (C) of this rule, any person may intervene in the proceeding by filing allegations of fact, with supporting evidence, describing how the designation determination directly affects the intervenor, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address and telephone number.

(C) Hearing requirements.

(1)

(a) Within ninety days after receipt of a complete petition, the chief shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held.

(b) The hearing may be conducted with cross-examination of expert witnesses only.

(c) The chief may delay the hearing for up to an additional two hundred ten days when necessary for adequate review.

(d) A record of the hearing shall be made and preserved according to state law. No person shall bear the burden of proof or persuasion. The record shall include all relevant parts of the data base and inventory system and all public comments received during the public comment period. The record shall be considered by the chief in his or her decision on the petition.

(e) The provisions of paragraph (B)(5) of this rule shall also apply to this hearing.

(2) The chief shall give notice of the date, time, and location of the hearing to:

(a) Local, state, and federal agencies which may have an interest in the decision on the petition;

(b) The petitioner and intervenors; and

(c) Any person with an ownership or other interest known to the chief in the area covered by the petition.

(3) Notice of the hearing shall be sent by certified mail and postmarked not less than thirty days before the scheduled date of the hearing.

(4) The chief shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once a week for two consecutive weeks and once during the week prior to the hearing in the locale of the area covered by the petition. The advertisement shall begin between four to five weeks before the scheduled date of the public hearing.

(5) The chief may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.

(6) Prior to designating any land areas as unsuitable for coal mining operations, the chief shall prepare a detailed statement, using existing and available information on the potential coal resources of the area, the demand for coal resources, and the impact of such designation on the environment, the economy, and the supply of coal.

(7) In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration.

(D) Decision.

(1) In reaching his or her decision, the chief shall use:

(a) The information contained in the data base and inventory system;

(b) Information provided by other governmental agencies;

(c) The detailed statement prepared under paragraph (C)(6) of this rule; and

(d) Any other relevant information submitted during the comment period.

(2) A final written decision shall be issued by the chief, including a statement of reasons, within sixty days of completion of the public hearing, or if no public hearing is held, within twelve months after receipt of the complete petition. The chief shall simultaneously send the decision by certified mail to the petitioner, every other party of the proceeding, and to the state office of the United States office of surface mining.

(3) The decision of the chief with respect to a petition, or the failure of the chief to act within the time limits set forth in this rule, shall be subject to administrative and judicial review as provided by sections 1513.13 and 1513.14 of the Revised Code. The record made at the hearing pursuant to paragraph (C)(1) of this rule shall be considered and included in the record of this review.

(E) Data base and inventory system requirements.

(1) The chief shall develop a data base and inventory system which will permit proper evaluation of the capacity of different land areas of the state to support and permit reclamation of coal mining operations.

(2) The chief shall add to the data base and inventory system information:

(a) On potential coal resources of Ohio, demand for those resources, the environment, the economy and the supply of coal, sufficient to enable the chief to prepare the statements required by paragraph (C)(6) of this rule; and

(b) That becomes available from petitions, publications, experiments, permit applications, mining and reclamation operations, and other sources.

(3) The chief shall include in the system information relevant to the criteria in paragraph (A) of rule 1501:13-3-05 of the Administrative Code, including, but not limited to, information from the United States fish and wildlife service, the Ohio historical preservation officer, and the agency administering section 127 of the Clean Air Act as amended (42 U.S.C. 7470 et seq.).

(F) Public information. The chief shall:

(1) Make the information and data base system developed under paragraph (E) of this rule available to the public for inspection free of charge and for copying at reasonable cost. However, specific information relating to location of properties proposed to be nominated to, or listed in, the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, need not be disclosed if the chief determines that the disclosure of such information would create a risk of destruction or harm to such properties. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html; and

(2) Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of coal mining operations or to have designations terminated and describe how the inventory and data base system can be used.

(G) Implementation.

(1) The chief shall not issue permits which are inconsistent with designations made pursuant to Chapter 1501:13-3 of the Administrative Code.

(2) The chief shall maintain a map of areas designated as unsuitable for all or certain types of coal mining operations.

(3) The chief shall make available to any person any information within his or her control regarding designations, including mineral or elemental content that is potentially toxic in the environment, but not including proprietary information that pertains only to the analysis of the chemical and physical properties of the coal.

(H) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-05

(A) Criteria for designating lands as unsuitable.

(1) Upon petition, an area shall be designated as unsuitable for all or certain types of coal mining operations, if the chief determines that reclamation is not technologically and economically feasible.

(2) Upon petition, an area may be designated as unsuitable for certain types of coal mining operations, if the operations will:

(a) Be incompatible with existing state or local land use plans or programs;

(b) Affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific, or esthetic values or natural systems;

(c) Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products or of aquifers and aquifer recharge areas;

(d) Affect natural hazard lands in which the operations could substantially endanger life and property. Such lands include areas subject to frequent flooding and areas of unstable geology; or

(e) Conflict with or otherwise violate additional criteria the chief may adopt.

(B) Land exempt from designation as unsuitable for coal mining operations. The requirements of this rule do not apply to:

(1) Lands on which coal mining operations were being conducted on August 3, 1977;

(2) Lands covered by a permit issued under Chapter 1513. of the Revised Code; or

(3) Lands where substantial legal and financial commitments in coal mining operations were in existence prior to January 4, 1977.

(C) A determination by the chief that a person holds or does not hold a valid existing right or that coal mining operations did or did not exist as of August 3, 1977 may be appealed pursuant to the procedures set forth in section 1513.13 of the Revised Code.

Last updated February 27, 2023 at 9:46 AM

History

• Effective: February 12, 2009
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-04

(A) Upon receipt of a complete application for a coal mining and reclamation operation permit, or a complete application for revision of the boundaries of a coal mining and reclamation operation permit, the chief shall review the application to determine whether coal mining operations are limited or prohibited under rule 1501:13-3-03 of the Administrative Code on the lands which would be disturbed by the proposed operation.

(1) Where the proposed operation would be located on any lands listed in paragraph (A)(1), (A)(6), (A)(7) or (A)(8) of rule 1501:13-3-03 of the Administrative Code, the chief shall disapprove the application if the applicant cannot establish valid existing rights for the area.

(2) If the chief is unable to determine whether the proposed operation is located within the boundaries of any of the lands in paragraph (A)(1) of rule 1501:13-3-03 of the Administrative Code or closer than the limits provided in paragraphs (A)(6), (A)(7), and (A)(8) of rule 1501:13-3-03 of the Administrative Code, the chief shall transmit a copy of the relevant portions of the permit application to the appropriate federal, state, or local government agency for a determination or clarification of the relevant boundaries or distances, with a notice to the appropriate agency that it must respond within thirty days of receipt of the request.

(3) The national park service or the U.S. fish and wildlife service shall be notified of any request for a determination of valid existing rights pertaining to areas within the boundaries of areas under their jurisdiction and shall have thirty days from receipt of the notification in which to respond.

(4) The chief, upon request by the appropriate agency, shall grant an extension to the thirty-day period of an additional thirty days. If no response is received within the thirty-day period or within the extended period granted, the chief may make the necessary determination based on the information he or she has available.

(B) Where the proposed operation would include federal lands within the boundaries of any national forest and the applicant seeks a determination that mining is permissible under paragraph (A)(2) of rule 1501:13-3-03 of the Administrative Code, the applicant shall submit a permit application to the director of the office of surface mining of the U.S. department of the interior for processing under 30 C.F.R. subchapter D or a request to the director of the office of surface mining of the U.S. department of the interior for processing under 30 C.F.R. subchapter F.

(C) Where the proposed permit area includes area within one hundred feet measured horizontally of the outside right-of-way line or includes a portion or all of the right-of-way of a public road, including where the applicant proposes to relocate or close a public road, the applicant shall submit a road permit for the road or portion thereof. The issuance of a road permit shall require:

(1) The applicant to provide notice, in a newspaper of general circulation in the county of the proposed operation at least two weeks prior to the hearing required under paragraph (C)(1)(c) of this rule, that the proposed operation includes area within one hundred feet of the outside right-of-way line of the public road or includes a portion or all of the right-of-way of a public road, or that the applicant proposes to relocate or close a public road. The notice shall include:

(a) A description of the road, to include road number, location and length of road for which the road permit is being requested;

(b) A description of how the proposed mining operation will affect the road; and

(c) The date, time, and location at which the public agency with jurisdiction over the road will hold a public meeting to consider issuing the road permit;

(2) The public authority with jurisdiction over the road to provide an opportunity for a public hearing prior to issuing the road permit and, in issuing the road permit, to make a written finding within thirty days of the completion of the public hearing, based on information gathered at the hearing, that the interests of the public and the affected landowners will be protected; and

(3) The chief's approval of the procedures followed and the decision issued by the public authority.

(D) Occupied dwellings.

(1) Where the proposed permit area includes area within three hundred feet measured horizontally of any occupied dwelling, the applicant shall submit with the application, a written waiver from the owner of the dwelling consenting to such operations within a closer distance of the dwelling. The waiver must state that the owner had the legal right to deny mining and knowingly waived that right. The waiver shall be separate from a lease or deed if the lease or deed does not contain language that authorizes mining within three hundred feet of the occupied dwelling either by an explicit waiver or by a legal description of the area to be mined that contains the area within three hundred feet. The waiver shall specifically state the distance for which the waiver is being granted.

(2) Where the applicant for a permit had obtained a valid waiver prior to August 3, 1977, from the owner of an occupied dwelling to mine within three hundred feet of such dwelling, a new waiver shall not be required.

(3) Where the applicant for a permit had obtained a valid waiver from the owner of an occupied dwelling, that waiver shall remain effective against subsequent purchasers who had actual or constructive knowledge of the existing waiver at the time of purchase.

(4) A subsequent purchaser shall be deemed to have constructive knowledge if the waiver has been properly filed in public property records pursuant to Ohio laws or if the mining has proceeded to within the three hundred foot limit prior to the date of purchase.

(E) Historic places.

(1) Where the chief determines that the proposed coal mining operation will adversely affect any publicly owned park or any place included on the "National Register of Historic Places," the chief shall notify the federal, state, or local agency with jurisdiction over the park or place. The "National Register of Historic Places" is administered by the national parks service, U.S. department of the interior; its website for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html. The notification shall include:

(a) A copy of the applicable parts of the permit application, together with a request for that agency's approval or disapproval of the operation; and

(b) A notice that the agency has thirty days from receipt of the request within which to respond and that failure to interpose a timely objection will constitute approval.

(2) The chief, upon request by the appropriate agency, may grant an extension to the thirty-day period of an additional thirty days. Failure to interpose an objection within thirty days or the extended period granted shall constitute an approval of the proposed permit.

(3) A permit for the operation shall not be issued unless jointly approved by all affected agencies.

(F) If the chief determines that the proposed coal mining operation is not prohibited under section 1513.073 of the Revised Code and rules adopted thereunder, he or she may nevertheless, pursuant to appropriate petitions, designate such lands as unsuitable for all or certain types of coal mining operations.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-04 Permit application requirements for information on environmental resources.

(A) General requirements.

(1) This rule shall apply only to coal mining operations other than underground mining operations.

(2)

(a) Each application shall describe and identify the nature of cultural, historic and archeological resources listed or eligible for listing on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, and known archeological sites within the proposed permit and adjacent areas. The description shall be based on all available information, including, but not limited to, information from the state historic preservation officer and from local archeological, historical, and cultural preservation agencies. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(b) The chief may require the applicant to identify and evaluate important historic and archeological resources that may be eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of this rule, through:

(i) Collection of additional information;

(ii) Conduct of field investigations; or

(iii) Other appropriate analyses.

(3) Each application shall describe and identify the lands subject to coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought.

(B) Description of hydrology and geology; general requirements.

Each application shall contain a description of surface and ground water within the general area, and any water which will flow into or receive discharges of water from the permit area. The description shall be prepared in the manner required by paragraphs (B) to (G) of this rule, and conform to the following:

(1) Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the general area shall be provided by the chief, to the extent that this data is available from an appropriate federal or state agency.

(2) If this information is not available from those agencies, the applicant may gather and submit this information to the chief as part of the permit application.

(3) The permit shall not be approved by the chief until this information is made available in the application.

(C) Geology description.

(1) Each application shall include geologic information in sufficient detail to assist in determining:

(a) The probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface and groundwater monitoring is necessary.

(b) All potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined; and

(c) Whether reclamation as required by these rules can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

(2)

(a) The description shall include a general statement of the geology within the proposed permit area and adjacent areas down to and including the deeper of either the first stratum below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely affected by mining. It shall also include the areal and structural geology of the permit and adjacent areas, and the other parameters which influence the required reclamation, and shall show how the areal and structural geology may affect the occurrence, availability, movement, quantity, and quality of potentially affected surface and ground waters. It shall be based on:

(i) The cross sections, maps and plans required by paragraph (B) of rule 1501:13-4-08 of the Administrative Code;

(ii) The information obtained under paragraph (C)(3) of this rule; and

(iii) Geologic literature and practices.

(b) Each application for a permit shall contain the results of tests conducted on the area of land to be mined. Unless the chief first approves a fewer number of test holes, such tests shall consist of test holes made by the boring or drilling method and be conducted at the rate of one test hole for each twenty-five acres of land or fraction thereof, which is underlain by coal on the area of land to be mined. At least one test hole shall be located on the highest elevation in the area of land to be mined. Holes shall be located as far apart as the size and shape of the area of land to be mined will allow. Such holes shall be drilled to the bottom of the material underlying the lowest coal seam to be mined and shall be staked or otherwise marked at the time of filing the application for a permit so as to be clearly visible at the approximate location, and shall be numbered. Such stakes or other markers shall be maintained until the permit to conduct a coal mining operation is granted or denied.

(3) Test borings or core samples.

(a) Test borings or core samples from the proposed permit area shall be collected and analyzed down to and including the stratum immediately below the lowest coal seam to be mined. Individual drilling reports shall be furnished for each test boring or core sampling and shall contain the following information on forms prescribed by the chief:

(i) Location of subsurface water, if encountered;

(ii) Lithologic characteristics including physical properties and thickness of each stratum and each coal seam;

(iii) Chemical analyses to include pH, neutralization potential, potential acidity, total or pyritic sulfur, and calcium carbonate deficiency of each stratum;

(iv) Analyses of the coal seam for acid-forming or toxic-forming materials, including, but not limited to, an analysis of the total sulfur and the sulfur present in pyrite and marcasite;

(v) Identification of the test hole by the number assigned in paragraph (C)(2)(b) of this rule; and

(vi) Identification of all coal seams by name and number.

(b) To verify the results of the applicant's tests, the chief may, prior to approval of the application, require the applicant to drill additional test holes and provide the information required in paragraph (C)(3)(a) of this rule.

(c) If more precise information than can be provided by drilling techniques is warranted by potentially adverse site conditions, the chief may require that the test hole information required in paragraph (C)(3) of this rule be obtained by core drilling.

(4) Prior to submission of an application, an applicant may request that the requirements of paragraphs (C)(2)(b) and (C)(3)(a) of this rule be waived by the chief. The waiver may be granted only if the chief makes a written determination that the statement required is unnecessary because other equivalent information is accessible to him or her in a satisfactory form. If the chief grants a waiver the waiver shall be submitted with the permit application.

(D) Ground water information.

(1) The application shall contain a description of the ground water hydrology for the proposed permit and adjacent areas, including, at a minimum:

(a) The depth below the surface and the horizontal extent of the water table and aquifers;

(b) The lithology and thickness of the aquifers;

(c) Known uses of the water in the aquifers and water table;

(d) The quality of subsurface water, if encountered;

(e) The depth to the water in the coal seam if the seam is a water-bearing stratum, and each water-bearing stratum above and potentially affected water-bearing stratum below the coal seam; and

(f) The approximate rate of discharge or usage of the water.

(2) The application shall contain a water supply inventory to include, at a minimum:

(a) A list of existing water wells on the proposed permit and adjacent areas to describe the quality and quantity of the ground water to include:

(i) Identification number of the well;

(ii) Surface elevation of the well;

(iii) Depth of the well in feet below the land surface;

(iv) Static water level of the well in feet below the land surface;

(v) The lithology of the aquifer in which each well is developed; and

(vi) Name of owner of the well;

(b) A list of existing springs on the proposed permit and adjacent areas to include:

(i) Identification number of the spring;

(ii) Name of owner of any spring that is developed for use as a water supply;

(iii) The surface elevation of the spring; and

(iv) The aquifer each spring flows from; and

(c) A list of the location and type of any public water supply sources on the permit and adjacent areas.

(3) Where information required in the water supply inventory of paragraph (D)(2) of this rule is unobtainable, a statement to that effect shall be made, giving the reasons therefor.

(4) The application shall contain the results of water quality analyses and measurements of static water level or discharge, conducted on at least ten (or all if less than ten) of the wells and springs on the permit and adjacent areas or twenty-five per cent of such wells and springs, whichever number is greater.

(a) Wells and springs chosen for analysis and measurement shall, as a group, represent all known aquifers present in the permit and adjacent areas and shall, wherever possible, be those nearest to or on the permit area.

(b) Sampling for water quality analysis shall be conducted at a minimum one time prior to submission of an application for a permit.

(c) The measurement of static water level or discharge shall be conducted for each well and spring identified in paragraph (D)(4) of this rule at a minimum one time prior to submission of an application for a permit.

(d) Water samples collected at the sites prescribed in paragraph (D)(4) of this rule shall be analyzed for the following parameters according to the methodology specified in 40 C.F.R. parts 136 and 434:

(i) pH in standard units;

(ii) Total acidity in milligrams per liter of CaCO₃;

(iii) Total alkalinity in milligrams per liter of CaCO₃;

(iv) Total manganese in milligrams per liter;

(v) Total iron in milligrams per liter;

(vi) Total hardness in milligrams per liter of CaCO₃;

(vii) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(viii) Total aluminum in milligrams per liter;

(ix) Total sulfates in milligrams per liter; and

(x) Other such information as the chief determines relevant.

(e) The results of water quality analyses and measurements prescribed in paragraph (D) of this rule shall be reported on a form to be provided by the chief.

(5) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D)(7) of this rule shall be submitted with an application for a permit.

(6) Identifying seasonal variations for ground water and surface water. For each application, the applicant shall submit three water samples from each required sampling site designated pursuant to paragraphs (D)(4) and (E)(1) of this rule. One sample shall be from the low flow period, one sample from the high flow period, and one sample from either of the intermediate flow periods, as established in the following table:

Flow Periods and Duration of Flow Periods

| Low Flow | August 16 to October 31 | | --- | --- | | Transition Flow | November 1 to November 15 | | Intermediate Flow | November 16 to January 31 | | Transition Flow | February 1 to February 14 | | High Flow | February 15 to April 30 | | Transition Flow | May 1 to May 15 | | Intermediate Flow | May 16 to July 31 | | Transition Flow | August 1 to August 15 |

(a) For samples submitted to meet the seasonal variations requirements, the period between consecutive samples shall be at least thirty days, but not more than eighteen months, and no sample shall be collected more than thirty-six months before the date of submission of the application to the chief. A sample that exceeds the eighteen month or thirty-six month time limit of this paragraph may be acceptable if the applicant submits the following information with the sample:

(i) The date and sampling site of the sample; and

(ii) A description of all land disturbance activities that existed at the time of the sample date or that have occurred since the sample date within the local watershed that could affect the quality and quantity of the surface water or ground water. The description shall include, but is not limited to, land disturbances such as mining operations, highway construction, cut and fill operations, building construction, and dam construction or demolition.

(iii) A sample that exceeds the eighteen month or thirty-six month time limit is acceptable only if the chief determines that it is still representative of the quality and quantity of the surface water or ground water at the time of submission of the application.

(b) The applicant is not required to collect samples from consecutive flow periods.

(c) The applicant may record a low flow sample as "no flow" if the applicant documents that the applicant made at least two attempts, at least thirty days apart, to collect a flow at that site during the low flow period.

(d) Transition flow periods. A sample obtained during a transition flow period may be used for either the preceding or succeeding flow period if the following conditions are met:

(i) The applicant submits documentation showing that the sample from the transition period accurately reflects the flow period for which the sample is submitted and the chief agrees with this assessment;

(ii) The sample obtained during a transition period is not used for both the preceding and succeeding flow periods;

(iii) At least one of the three required samples is obtained during a flow period other than a transition period; and

(iv) The applicant submits precipitation data for the local watershed for the thirty days prior to the sample date.

(e) Substitute sampling site for one sample. The applicant may request, in writing, that a sample obtained from a site other than a designated sampling site be substituted for one of the three designated site samples. A sample from a substitute site shall not be used as the earliest of the three samples from a designated sampling site. The chief shall review this request and determine whether the substitute sampling site and the data collected from the site are acceptable. In making the request, the applicant shall:

(i) Describe how the substitute sampling site adequately represents the original sampling site;

(ii) Demonstrate that the substitute sampling site is located in the same aquifer as the original sampling site;

(iii) Demonstrate that the geology of the groundwater recharge area of the substitute site, as well as the surface disturbance of the recharge area of the substitute site, are similar to that of the original site;

(iv) Demonstrate that the substitute sampling site represents and performs the same function as the original site;

(v) Demonstrate that the analysis of the water quality and quantity data from the substitute site accurately represents the quality and quantity of the water at the original site and explain any anomalies in water quality or quantity at the substitute site;

(vi) Demonstrate that the flow obtained at the substitute site was obtained during the flow period missed at the original site;

(vii) Include precipitation data for the thirty days prior to the sample date at the substitute site;

(viii) Provide a description of the location of the substitute sampling site relative to the original sampling location. The description shall include bearing and distance measurements from the original sampling location to the substitute sampling location; and

(ix) Submit additional information if required by the chief to support the use of a substitute sample.

(f) The applicant may submit additional samples and other data related to seasonal variations beyond that submitted to meet the minimum requirements of paragraph (D)(6) of this rule.

(7) Water quality and quantity data collected and described other than as required by paragraph (D)(6) of this rule may be submitted to identify seasonal variations in ground water and surface water, provided the chief determines that the alternative data are sufficient to identify seasonal variations needed for the hydrologic assessments required by Chapter 1513. of the Revised Code and the rules adopted thereunder.

(E) Surface-water information.

(1) Within the proposed permit and adjacent areas, all surface-water bodies such as streams, lakes and impoundments and all discharges from the permit area into surface-water bodies shall be described and sampled for analysis under paragraph (E) of this rule. The description shall include the name of any watershed that will receive water discharges, the name, ownership and location of all surface-water bodies and the known uses of the water in these water bodies.

(2) Water samples collected under paragraph (E) of this rule shall be analyzed according to the methodology specified in 40 C.F.R. parts 136 and 434. Surface water information shall include the following water quality data to identify the characteristics of surface waters within the proposed permit and adjacent areas:

(a) Total suspended solids in milligrams per liter;

(b) Total acidity in milligrams per liter of CaCO₃;

(c) Total alkalinity in milligrams per liter of CaCO₃;

(d) pH in standard units;

(e) Total iron in milligrams per liter;

(f) Total manganese in milligrams per liter;

(g) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(h) Total aluminum in milligrams per liter;

(i) Total sulfates in milligrams per liter; and

(j) Other such information as the chief determines relevant.

(3) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D)(7) of this rule shall be submitted with an application for a permit.

(4) The results of water quality analyses and measurements prescribed in paragraph (E) of this rule shall be reported on a form to be provided by the chief.

(F) Alternative water supply information. The application shall identify the extent to which the proposed coal mining operations may proximately result in contamination, diminution, or interruption of an underground or surface source of water that is for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the description shall contain information on water availability and alternative sources of water, including the suitability of alternative water sources for existing premining uses and approved post-mining land uses.

(G) Supplemental information. If the determination of the probable hydrologic consequences required by paragraph (E)(2) of rule 1501:13-4-05 of the Administrative Code indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under paragraphs (D) and (E) of this rule shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analyses of other water quality or quantity characteristics.

(H) Climatological information.

(1) When required by the chief, the application shall contain a statement of the climatological factors that are representative of the proposed permit area, including:

(a) The average seasonal precipitation;

(b) The average direction and velocity of prevailing winds; and

(c) Seasonal temperature ranges.

(2) The chief may request such additional data as deemed necessary to ensure compliance with the requirements of these rules.

(I) Land-use information.

(1) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:

(a) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.

(b) A narrative of the land capability and productivity, which analyzes the land use described under paragraph (I)(1)(a) of this rule in conjunction with other environmental resources information required under these rules. The narrative shall provide analyses of:

(i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area; and

(ii) The productivity of the proposed permit area before mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage, or wood products from the land obtained under high level of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States department of agriculture, state agricultural universities, or appropriate state natural resources or agricultural agencies.

(2) The application shall state whether the proposed permit area has been previously mined, and if so, the following information, if available:

(a) The type of mining method used;

(b) The coal seams or other mineral strata mined;

(c) The extent of coal or other minerals removed;

(d) The approximate dates of past mining; and

(e) The uses of the land preceding mining.

(3) The application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed permit and adjacent areas.

(J) Prime farmland investigation.

(1) The applicant shall conduct a pre-application investigation of the proposed permit area to determine whether lands within the area may be prime farmland. The chief, in consultation with the U.S. natural resources conservation service, shall determine the nature and extent of this investigation.

(2) Land shall not be considered prime farmland if the applicant can demonstrate that:

(a) The land has not been historically used for cropland; or

(b) On the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the U.S. natural resources conservation service.

(3) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of paragraph (J)(2) of this rule.

(4) If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the U.S. natural resources conservation service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed permit area, the applicant shall cause a survey to be made that is of the detail of a second order soil survey used by the U.S. natural resources conservation service for operational conservation planning. This survey shall be used to identify and locate prime farmland soils.

(a) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have been designated as prime farmlands, the applicant shall submit an application, in accordance with the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code, for such designated land.

(b) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have not been designated as prime farmland after review by the U.S. natural resources conservation service, the applicant shall submit a request for negative determination for non-designated land with the permit application establishing compliance with paragraph (J)(2) of this rule.

(K) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated July 10, 2025 at 11:46 PM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-08

This rule applies to coal mining operations, including underground mining surface operations, but does not apply to underground workings.

(A) Application map. The permit application shall include an application map prepared by or under the direction of and certified by a surveyor or jointly by a an engineer and a surveyor, to the extent such joint certification is required by state law, showing:

(1) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the proposed permit area; noting the boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin coal mining operations and which areas the applicant does not yet have this right;

(2) The location of all buildings on and within one thousand feet of the proposed permit area, with identification of the current use of the buildings using the map symbols set forth in rule 1501:13-4-10 of the Administrative Code;

(3) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area;

(4) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the chief, those surface waters which will receive discharges from affected areas in the proposed permit area and the location of any discharges to any surface body of water on or adjacent to the land to be affected;

(5) Each public road located in or within one hundred feet of the proposed permit area;

(6) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of rule 1501:13-4-04 of the Administrative Code, and known archeological sites within the proposed permit and adjacent areas;

(7) Each cemetery that is located in or within one hundred feet of the proposed permit area;

(8) Any land within the proposed permit area or adjacent area which is within the boundaries of any units of the national system of trails or the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., or study rivers or study river corridors as established in any guidelines pursuant to that act;

(9) The boundaries and names of counties, municipal corporations, townships, section and lot lines located in and within five hundred feet of the proposed permit area;

(10) The names, locations, and directions of flow of all perennial and intermittent streams located in and within five hundred feet of the proposed permit area;

(11) The name of the drainage basin in which the proposed permit area is located as listed in the "Gazetteer of Ohio Streams," published by the Ohio department of natural resources;

(12) That part of the proposed permit area that is prime farmland;

(13) The areas of land within the proposed permit area on which steep slope mining, mountaintop removal, and augering will be performed;

(14) The drainage control system within the proposed permit area to include the location of:

(a) Each sediment pond and the pond identification number;

(b) Any diversions; and

(c) Any treatment facilities;

(15) All haul roads and access roads proposed to be constructed within the proposed permit area in conjunction with the operations, and all existing haul roads and access roads within the proposed permit area to be used in conjunction with the operation;

(16) The location of the proposed final highwall for each coal seam to be mined within the proposed permit area;

(17) The point at which mining operations will begin and the point at which mining operations will end on the proposed permit area;

(18) Elevations and locations of test borings and core samplings;

(19) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

(20) All coal crop lines and the strike and dip of the coal to be mined in the proposed permit area;

(21) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface, within the proposed permit and adjacent areas;

(22) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas;

(23) Location and extent of existing or previously surface-mined areas within the proposed permit area;

(24) Location and extent of existing areas of spoil, waste, and refuse, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area;

(25) Location of gas and oil wells in and within twenty-five feet of the proposed permit area and the location of producing gas and oil wells in and within three hundred feet of the proposed permit area;

(26) Location of water wells in and within one thousand feet of the proposed permit area;

(27) The location and start and end points of all submitted cross sections within the proposed permit area;

(28) Sufficient slope measurements, in degrees, to adequately represent the existing land surface configuration of the proposed permit area;

(29) The boundaries of all areas proposed to be affected over the estimated total life of the proposed mining operation, with a description of size, sequence, and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;

(30) Buildings, utility corridors within the proposed permit area;

(31) Each coal storage, cleaning and loading area within the proposed permit area;

(32) Each topsoil, spoil, coal waste, and noncoal waste storage area within the proposed permit area;

(33) Each air pollution collection and control facility within the proposed permit area;

(34) Each facility to be used to protect and enhance fish and wildlife and related environmental values within the proposed permit area;

(35) Each explosive storage and handling facility within the proposed permit area;

(36) The location of each facility that will remain on the proposed permit area as a permanent feature after the completion of mining operations;

(37) The location of each water monitoring point within the proposed permit area;

(38) For underground mining surface operations, the location of each subsidence monitoring point within the proposed permit area; and

(39) Other relevant information required by the chief.

(B) Supplementary maps, cross sections, designs and plans. When necessary under these rules, the application shall include:

(1) Designs and plans prepared and certified by an engineer for the following:

(a) Sedimentation ponds, impoundments, coal mine waste banks, and coal mine waste dams;

(b) Spoil disposal facilities;

(c) The sealing or managing of any mine openings within the proposed permit area;

(d) Stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code; and

(e) Road stream crossings, bridges, culverts, drainages, ditches, drainage structures, road cuts, and fill embankments.

(2) Supplementary maps and cross sections, prepared by or under the direction of and certified by an engineer or jointly by an engineer and a surveyor to the extent such joint certification is required by state law, showing:

(a) Each sedimentation pond, permanent water impoundment, coal mine waste bank and coal mine waste dam;

(b) The fill area for the disposal of excess spoil;

(c) The nature, depth, and thickness of the coal seams to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;

(d) The permit area, the original surface topography and the proposed final surface contour;

(e) The location of the proposed final highwall;

(f) The location of each waste disposal facility relating to coal processing or pollution control;

(g) The location of any mine openings within the proposed permit area;

(h) Stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code; and

(i) Road widths, road gradients, road surfaces, road cuts, fill embankments, culverts, bridges, drainages, ditches, and drainage structures.

(C) Hydrologic map. Each application for a permit shall include a hydrologic map which, in addition to the applicable requirements of rules 1501:13-4-09 and 1501:13-4-10 of the Administrative Code, shall be at a scale of not more than five hundred feet to the inch. The hydrologic map shall be certified by a surveyor and, if required pursuant to paragraph (C) of rule 1501:13-4-09 of the Administrative Code, by an engineer. Except as provided in paragraph (D) of this rule, all hydrologic maps shall show the following:

(1) The proposed permit area;

(2) A line identifying the area within one thousand feet of the proposed permit area;

(3) All occupied buildings on or within one thousand feet of the proposed permit area;

(4) All perennial and intermittent streams on or within one thousand feet of the proposed permit area;

(5) The location of the coal outcrop on the proposed permit area and the name and number of each coal seam to be mined;

(6) The location of each cross-section drawn to show hydrogeologic information as required under paragraph (F) of this rule;

(7) The location and type of water supply used by the occupant of each building described in paragraph (C)(3) of this rule for the purpose of domestic, agricultural, or industrial use;

(8) All springs on or within one thousand feet of the proposed permit area;

(9) All seepage zones on and within one thousand feet of the proposed permit area;

(10) The location of sampling stations on each stream identified in paragraph (C)(4) of this rule at points just above and below the proposed permit area and the location and elevation of other sampling stations used to gather data on water quality and quantity in the preparation of the permit application;

(11) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface, within the proposed permit and adjacent areas;

(12) The location of monitoring stations, other than sediment pond outlets, to be monitored during the life of the permit;

(13) All existing water wells on or within one thousand feet of the proposed permit area;

(14) Any well, well field, reservoir, river, or other water source used for a public water supply on or within one thousand feet of the proposed permit area; and

(15) Any land determined to be eligible for remining.

(D)

(1) For the items listed in paragraphs (C)(3), (C)(4), and (C)(7) to (C)(14) of this rule, the chief may require additional information outside the thousand-foot limit to be shown on the hydrologic map if such identification is necessary based on site-specific conditions.

(2) The items listed in paragraphs (C)(3), (C)(7), (C)(8), (C)(9), (C)(10), (C)(11) and (C)(13) of this rule need not be shown on the hydrologic map when:

(a) They are located beyond an intermittent or perennial stream located within one thousand feet of the proposed permit area; and

(b) The lowest coal seam to be mined is at a higher elevation than such intermittent or perennial stream.

(E) The map symbols used to identify the items described in paragraphs (C)(8) to (C)(14) of this rule shall be highlighted in red on all hydrologic maps.

(F) Hydrologic cross-section. Each application for a permit shall include one or more cross-sections prepared by, or under the direction of, an engineer or a professional geologist showing:

(1) The location and extent of subsurface water, if encountered, within the proposed permit or adjacent areas;

(2) All wells, boreholes, piezometers, springs, or other features used to determine the configuration of the water table or potentiometric surface of each aquifer where such wells, boreholes, piezometers, springs, or other items fall on or reasonably close to the line of the cross-section;

(3) Within the permit and adjacent areas, all aquifers and the water table or potentiometric surface of each aquifer above the lowest coal seam to be mined and within the lowest coal seam to be mined if that seam is a water bearing stratum, and each potentially affected water bearing stratum below the lowest coal seam to be mined; and

(4) All coal seams to be mined.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated July 11, 2025 at 4:28 PM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-05

(A) Operation plan: general requirements.

(1) This rule shall apply only to coal mining operations other than underground mining operations.

(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations;

(i) The description shall identify the mining method as area mining, contour mining, another named mining method, or combination of methods to be identified by name;

(ii) For contour mining or area mining, the description shall include, at a minimum, the maximum extent of cover to be mined, the location where the mining will begin, the direction the mining will proceed, and the ending point of the operation. If the mining operation will utilize multiple pits, the description shall be included for each mining pit;

(iii) For mining methods other than area mining or contour mining, or for combinations of methods, the description shall include each of the items required under paragraph (A)(2)(a)(ii) of this rule and in addition shall include other information that demonstrates the orderly and reasonable progression of mining, including, but not limited to, spoil placement plans, proposed locations of haul roads that will be used or retained for an extended period of time, and the intended timing of mining operations;

(iv) The description shall specify for the mining method(s) proposed how the time and distance requirements of rule 1501:13-9-13 of the Administrative Code will be met; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code and is approved by the chief):

(i) Dams, embankments, and other impoundments;

(ii) Overburden and topsoil handling and storage areas and structures;

(iii) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(iv) Spoil, coal processing waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;

(v) Mine facilities; and

(vi) Water and air pollution control facilities.

(3) Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in the detail necessary for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(B) Operation plan: existing structures.

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal mining and reclamation operation. The description shall include:

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal mining and reclamation operation. The compliance plan shall include:

(a) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code;

(b) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(C) Operation plan: blasting. Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:

(1) Information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations;

(2) A description of any system to be used to monitor compliance with the airblast and ground vibration limits established under paragraph (C)(1) of this rule, including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring; and

(3) For blasting operations within five hundred feet of active underground mines, copies of the approvals given by the state and federal regulatory authorities concerned with the health and safety of underground miners.

(D) Reclamation plan: general requirements.

(1) Each application shall contain a plan for describing reclamation of the lands within the proposed permit area, showing how the applicant will comply with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder. The plan shall include, at a minimum, all information required under paragraphs (D) to (P) of this rule.

(2) Each plan shall contain, where appropriate, the following information for the proposed permit area:

(a) A detailed timetable for the completion of each major step in the reclamation plan which, at a minimum, addresses the reclamation timing requirements of paragraph (A) of rule 1501:13-9-13 of the Administrative Code, and is specific to the mining method described in accordance with paragraph (A)(2)(a) of this rule;

(b) A description of the backfilling, soil stabilization and grading;

(c) A description of the removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of rule 1501:13-9-03 of the Administrative Code. A demonstration of the suitability of topsoil substitutes or supplements under rule 1501:13-9-03 of the Administrative Code shall be based upon analysis of the thickness of soil horizons, total depth, texture, per cent coarse fragments, pH, and areal extent of the different kinds of soils. The chief may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(d) A description of the revegetation as required in rule 1501:13-9-15 of the Administrative Code, including, but not limited to, descriptions of the:

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(vi) Irrigation, if appropriate, and disease, pest and vermin control, if any; and

(vii) The measures proposed to be used to determine the success of revegetation as required under rule 1501:13-9-15 of the Administrative Code;

(e) A description of the measures to be used to maximize the use and conservation of the coal resources as required by rule 1501:13-9-05 of the Administrative Code;

(f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with paragraph (E) of rule 1501:13-9-09 of the Administrative Code and paragraph (J) of rule 1501:13-9-14 of the Administrative Code and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(g) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with rule 1501:13-9-02 of the Administrative Code; and

(h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and regulations and health and safety standards.

(E) Reclamation plan: protection of the hydrologic balance.

(1) Each application shall contain a plan for the protection of the hydrologic balance. The plan shall be specific to the local hydrologic conditions and shall describe the measures to be taken during and after the proposed coal mining operations in accordance with rule 1501:13-9-04 of the Administrative Code to:

(a) Minimize disturbance to the hydrologic balance within the permit and adjacent areas and to prevent material damage outside the permit area;

(b) Protect the rights of present users of surface and ground water;

(c) Avoid acid or toxic drainage;

(d) Control surface water drainage into, through, and out of the proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative Code;

(e) Treat, when required under these rules, surface and ground water drainage from the area to be disturbed by the proposed activities, so as not to exceed quantitative limits on pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the Administrative Code;

(f) Restore the approximate recharge capacity of the proposed permit area in accordance with paragraph (L) of rule 1501:13-9-04 of the Administrative Code and protect or replace rights of present water users;

(g) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area. Vegetation may be determined by the chief to be the best technology currently available upon a demonstration by the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule 1501:13-9-04 of the Administrative Code have been met. If the applicant proposes to make such a demonstration after vegetation is established and remove siltation structures sooner than two years after the last augmented seeding of a drainage area, the applicant shall state such intentions in the timetable and plans for removal of sediment control structures required by paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;

(h) Address any potential adverse hydrologic consequences identified in the determination of probable hydrologic consequences under paragraph (E)(2) of this rule and include preventative and remedial measures; and

(i) Meet applicable state and federal water quality laws and regulations.

(2) Determination of probable hydrologic consequences (PHC).

(a) The plan shall include a determination of the probable hydrologic consequences of the proposed coal mining operations on the proposed permit area and adjacent areas. This determination shall be based on baseline hydrologic, geologic and other information collected for the permit application with respect to the hydrologic regime, providing information on the quantity and quality of water in surface and ground-water systems under seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, and total manganese.

(b) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area;

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(c) Flooding or streamflow alteration;

(d) Ground-water and surface-water availability; and

(e) Other characteristics as required by the chief.

(c) An application for a permit revision shall be reviewed by the chief to determine whether a new or updated PHC determination shall be required.

(F) Ground-water and surface-water monitoring plans.

(1) Ground-water monitoring plan.

(a) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (E)(1) of this rule. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, specific conductance corrected to twenty-five degrees centigrade, pH, total iron, total manganese, and water levels shall be monitored. The data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(b) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the general area, then monitoring of that stratum may be waived by the chief.

(2) Surface-water monitoring plan.

(a) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R. part 434.

(b) The plan shall identify the surface-water quantity and the quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in the permit and adjacent areas, surface-water bodies such as streams, lakes and impoundments, that are potentially affected or into which water will be discharged, and at upstream monitoring locations, the specific conductance corrected to twenty-five degrees centigrade, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.

(iii) The data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(G) Reclamation plan: postmining land uses.

(1) Each application shall contain a plan for the postmining land use. The plan shall describe the proposed use following reclamation of the land within the proposed permit area including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and

(b) When a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under these rules.

(2) The plan shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation. In cases where no surface disturbance will result from the applicant's proposed use of auger/highwall mining, this paragraph shall not apply.

(3) The plan shall describe the consideration which has been given to making all of the proposed coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.

(1) General requirements.

(a) Each application shall include a detailed design plan for each proposed siltation structure, water impoundment, and coal mine waste bank, dam, or embankment within the proposed permit area. Each plan shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(b) Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (H)(1)(b) of this rule, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any design and construction requirements for the structure, including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(2) Impoundments.

(a) Permanent and temporary impoundments shall be designed in compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any impoundment shall be certified by an engineer experienced in impoundment design and construction. The certification statement shall state that the structure is designed to meet the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each design plan for an impoundment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a). The plan required to be submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be submitted to the chief as part of the permit application.

(c) Impoundments not meeting the size or other criteria of paragraph (H)(1)(b) of this rule may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative Code:

(i) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(ii) If the natural slope of the foundation as measured at right angles to the embankment center line is steeper than 10:1V (ten per cent), the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(iii) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(iv) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(v) The moisture content of the fill material shall be sufficient to secure proper compaction. (An indication of sufficient moisture content is that when kneaded by hand the soil should just form a ball which does not readily separate. The engineer may specify other methods of testing moisture content, if appropriate.) When it is necessary to use materials of varying texture and gradation, the more impervious material shall be placed in the upstream and center portions of the embankment and the more pervious material shall be placed in the downstream portion of the fill;

(vi) The embankment's combined upstream and downstream side slopes shall be no steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added together.); and

(vii) The minimum top width of the embankment shall be (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment.

(3) Siltation structures.

(a) Permanent and temporary siltation structures shall be designed in compliance with the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code. The design of any siltation structure shall be certified by an engineer experienced in impoundment design and construction. The certification shall state that the structure is designed to meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code.

(b) In addition to the requirements of paragraph (H)(1) of this rule, the plan shall include a determination of:

(i) The required sediment storage volume; and

(ii) The detention time provided by the pond.

(c) Each design plan for a siltation structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(4) Coal mine waste dams and embankments.

(a) Coal mine waste dams and embankments shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste dam or embankment shall be certified by an engineer experienced in design of similar earth and waste structures. The certification statement shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current, prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

(iv) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(c) Each design plan for a coal mine waste dam or embankment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(5) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions regarding impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank shall be certified by an engineer experienced in design of similar earth and waste structures. The certification shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current, prudent engineering practices.

(6) If the structure meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called Class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(7) For further information about natural resources conservation service technical release TR-210-60, which is incorporated by reference in paragraph (H) of this rule, see paragraph (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.

(I) Surface mining near underground mining. For surface mining operations within the proposed permit area to be conducted within five hundred feet of an underground mine either active or abandoned, the application shall describe the measures to be used to comply with rule 1501:13-9-08 of the Administrative Code.

(J) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.

(K) Protection of public parks and historic places.

(1) For any publicly owned parks or any places listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, that may be adversely affected by the proposed operation, each application shall describe the measures to be used:

(a) To prevent adverse impacts; or

(b) If valid existing rights exist or joint agency approval is to be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code, to minimize adverse impacts. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(2) The chief may require the applicant to protect historic or archeological properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (K)(1) of this rule, through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

(L) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:

(1) Conducting the proposed coal mining operations within one hundred feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or

(2) Relocating a public road.

(M) Transportation facilities.

(1) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross sections, and the following:

(a) Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

(b) A description of measures to be taken to obtain approval of the chief for alteration or relocation of a natural drainageway under rule 1501:13-10-01 of the Administrative Code;

(c) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the chief under rule 1501:13-10-01 of the Administrative Code;

(d) Drawings and specifications for each proposed ford of perennial or intermittent streams outside the mined-out area that is used as a temporary route, as necessary for approval of the ford by the chief in accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative Code; and

(e) A description of plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road embankments may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (G)(3) of rule 1501:13-10-01 of the Administrative Code:

(a) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(b) If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8h:1v, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(c) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(d) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(e) The moisture content of the fill material shall be sufficient to secure proper compaction;

(f) The side slopes of the embankment shall be no steeper than 2h:1v;

(g) Embankments with upstream and downstream slopes shall have a minimum top width of (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment;

(h) Hillside embankments shall have a minimum top width adequate for the intended use; and

(i) Culverts shall be placed such that the embankment, as defined in rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time.

(N) Disposal of excess spoil.

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to rule 1501:13-9-07 of the Administrative Code. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(a) The character of bedrock and any adverse geologic conditions in the disposal area;

(b) A survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;

(c) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(d) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(e) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(3) If, under paragraph (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or keyway cuts are required, the application shall include the following:

(a) The number, location and depth of borings or test pits. The number, location and depth shall be determined with respect to the size of the spoil disposal structure and sub-surface conditions; and

(b) Engineering specifications utilized to design the rock-toe buttresses or key-way cuts which shall be determined in accordance with paragraph (N)(2)(e) of this rule.

(O) Air pollution control plan. Each application shall contain an air pollution control plan, in order to address fugitive dust resulting from erosion. The plan shall include the following:

(1) An air quality monitoring program, if required by the chief, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (O)(2) of this rule to comply with applicable federal and state air quality standards; and

(2) A plan for fugitive dust control practices.

(P) Fish and wildlife plan.

(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(a) The scope and level of detail for such information shall be determined by the chief in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (P)(2) of this rule.

(b) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary of the interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(2) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable.

(a) This description shall:

(i) Be consistent with the requirements of rule 1501:13-9-11 of the Administrative Code;

(ii) Apply, at a minimum, to species and habitats identified under paragraph (P)(1) of this rule;

(iii) Include protective measures that will be used during the active mining phase of the operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(iv) Include enhancement measures that will be used during the reclamation and postmining phase of the operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(3) Fish and wildlife service review. Upon request, the chief shall provide the resource information required under paragraph (P)(1) of this rule and the protection and enhancement plan required under paragraph (P)(2) of this rule to the U.S. department of the interior, fish and wildlife service regional or field office for their review. This information shall be provided within ten days of receipt of the request from the service.

(Q) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-12

(A) Scope. This rule establishes the minimum requirements for permits for certain categories of coal mining and reclamation operations. These requirements are in addition to the general permit requirements contained in Chapter 1501:13-4 of the Administrative Code. All of the provisions of Chapter 1501:13-4 of the Administrative Code apply to such operations, unless otherwise specifically provided in this rule.

(B) Experimental mining practices.

(1) "Experimental practices," as used in this rule, means the use of alternative coal mining and reclamation operation practices for experimental or research purposes. Experimental practices need not comply with specific environmental protection performance standards of these rules, if approved pursuant to paragraph (B) of this rule.

(2) No person shall engage in or maintain any experimental practice, unless that practice is first approved in a permit by the chief and the director of the office of surface mining.

(3) Each person who desires to conduct an experimental practice shall submit a permit application for the approval of the chief and the director of the office of surface mining. The permit application shall contain descriptions, maps, plans, and data which show:

(a) The nature of the experimental practice, including a description of the performance standards for which variances are requested, the duration of the experimental practice, and the special monitoring which will be conducted;

(b) How use of the experimental practice:

(i) Encourages advances in mining and reclamation technology; or

(ii) Allows a postmining land use for industrial, commercial, residential, or public use (including recreational facilities), on an experimental basis, when the results are not otherwise attainable under Chapter 1513. of the Revised Code and rules adopted thereunder;

(c) That the mining and reclamation operations proposed for using an experimental practice are not larger nor more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice;

(d) That the experimental practice:

(i) Is potentially more, or at least as, environmentally protective during and after the proposed mining and reclamation operations as those practices otherwise required under division 1501:13 of the Administrative Code; and

(ii) Will not reduce the protection afforded public health and safety below that provided by the requirements of division 1501:13 of the Administrative Code; and

(e) That the applicant will conduct special monitoring with respect to the experimental practice during and after the operations involved. The monitoring program shall:

(i) Ensure the collection, analysis and reporting of sufficient and reliable data to enable the chief and the director of the office of surface mining to make adequate comparisons with other coal mining and reclamation operations employing similar experimental practices; and

(ii) Include requirements designed to identify, as soon as possible, potential risks to the environment and public health and safety from the use of the experimental practice.

(4) Each application shall set forth the environmental protection performance standards of division 1501:13 of the Administrative Code which will be implemented in the event the objective of the experimental practice is a failure.

(5) All experimental practices for which variances are sought shall be specifically identified through newspaper advertisements by the applicant and the written notifications by the chief required in sections 1513.07 and 1513.071 of the Revised Code.

(6) No permit authorizing an experimental practice shall be issued, unless the chief first finds, in writing, upon the basis of both a complete application filed in accordance with the requirements of paragraph (B) of this rule and the concurrence of the director of the office of surface mining that:

(a) The experimental practice meets all of the requirements of paragraph (B)(3) of this rule;

(b) The experimental practice has been specifically approved, in writing, by the director of the office of surface mining based on the director's findings that all of the requirements of paragraph (B)(3) of this rule will be met;

(c) The experimental practice is based on a clearly defined set of objectives which can reasonably be expected to be achieved; and

(d) The permit contains conditions which specifically:

(i) Limit the experimental practice authorized to that granted by the chief and the director of the office of surface mining;

(ii) Impose enforceable alternative environmental protection requirements; and

(iii) Require the person to conduct the periodic monitoring, recording and reporting program set forth in the application, with such additional requirements as the chief or the director of the office of surface mining may require.

(7) Each permit which authorizes the use of an experimental practice shall be reviewed in its entirety by the chief at a frequency set forth in the approved permit but no less frequently than every two and one-half years. After review, the chief may require such reasonable revision or modification of the permit provisions necessary to ensure that the operations involved are conducted to protect fully the environment and public health and safety. Copies of the decision of the chief shall be provided to the permittee and be subject to review as provided by section 1513.13 of the Revised Code.

(C) Mountaintop removal mining.

(1) Any person who conducts or intends to conduct surface mining operations by mountaintop removal mining shall apply for a variance from approximate original contour restoration requirements in accordance with the requirements of paragraph (C) of this rule.

(2) The chief may issue a permit for mountaintop removal mining, including a variance from the requirements of rule 1501:13-9-14 of the Administrative Code regarding approximate original contour, if he or she first finds, in writing, on the basis of a complete application, that the following requirements are met:

(a) The proposed postmining land use of the lands to be affected will be an industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use and if:

(i) After consultation with the appropriate land use planning agencies, if any, the proposed land use is deemed by the chief to constitute an equal or better economic or public use of the affected land compared with the premining use;

(ii) The applicant demonstrates compliance with the requirements for acceptable alternative postmining land uses of rule 1501:13-9-17 of the Administrative Code;

(iii) The proposed use would be compatible with adjacent land uses and existing state and local land use plans and programs; and

(iv) The chief has provided, in writing, an opportunity of not more than sixty days to review and comment on such proposed use to the local government in whose jurisdiction the land is located and any state or federal agency which the chief, in his or her discretion, determines to have an interest in the proposed use;

(b) The applicant has demonstrated that, in place of restoration of the land to be affected to the approximate original contour under rule 1501:13-9-14 of the Administrative Code, the operation will be conducted in compliance with the requirements of rule 1501:13-13-04 of the Administrative Code;

(c) The requirements of rule 1501:13-13-04 of the Administrative Code are made a specific condition of the permit;

(d) All other requirements of Chapter 1513. of the Revised Code and these rules are met by the proposed operations; and

(e) The permit is clearly identified as being for mountaintop removal mining.

(3) Review of special permits.

(a) Any permits incorporating a variance issued under paragraph (C) of this rule shall be reviewed by the chief to evaluate the progress and development of the mining operations to establish that the operator is proceeding in accordance with the terms of the variance:

(i) Within the sixth month preceding the third year from the date of its issuance;

(ii) Before each permit renewal; and

(iii) Not later than the middle of each permit term.

(b) Any review required under paragraph (C)(3) of this rule need not be held if the permittee has demonstrated and the chief finds, in writing, within three months before the scheduled review, that all operations under the permit are proceeding and will continue to be conducted in accordance with the terms of the permit and requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(c) The chief may modify the terms and conditions of a permit for mountaintop removal mining at any time if he or she determines that more stringent measures are necessary to ensure that the operation involved is conducted in compliance with the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(D) Steep slope mining.

(1) Any person who conducts or intends to conduct steep slope coal mining and reclamation operations shall comply with the requirements of paragraph (D) of this rule except in any of the following situations:

(a) An operator proposes to conduct coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain or predominantly flat area, but on which an occasional steep slope is encountered as the mining operation proceeds;

(b) A person obtains a permit under the provisions of paragraph (C) of this rule; or

(c) To the extent that a person obtains a permit incorporating a variance under paragraph (E) of this rule.

(2) Any application for a permit for coal mining and reclamation operations covered by paragraph (D) of this rule shall contain sufficient information to establish that the operations will be conducted in accordance with the requirements of rule 1501:13-13-05 of the Administrative Code.

(3) No permit shall be issued for any operations covered by paragraph (D) of this rule unless the chief finds, in writing, that in addition to meeting all other requirements of this rule, the operation will be conducted in accordance with the substantive requirements of rule 1501:13-13-05 of the Administrative Code.

(E) Permits incorporating variances from approximate original contour restoration requirements. The chief may, under paragraph (E) of this rule, issue a permit for non-mountaintop removal, steep slope, mining which includes a variance from the requirements of rules 1501:13-9-14 and 1501:13-13-05 of the Administrative Code regarding approximate original contour restoration requirements.

(1) The chief may issue a permit for coal mining incorporating a variance under paragraph (E) of this rule only if he or she first finds, in writing, on the basis of a complete application, that all of the following requirements are met:

(a) The applicant has demonstrated that the purpose of the variance is to make the lands to be affected within the permit area suitable for an industrial, commercial, residential, or public postmining land use (including recreational facilities);

(b) The proposed use, after consultation with the appropriate land use planning agencies, if any, constitutes an equal or better economic or public use;

(c) The applicant has demonstrated compliance with the requirements for acceptable alternative postmining land uses of rule 1501:13-9-17 of the Administrative Code;

(d) The applicant has demonstrated that the watershed of lands within the proposed permit area and adjacent areas will be improved by the operations. The watershed will only be deemed improved if:

(i) There will be a reduction in the amount of total suspended solids or other pollutants discharged to ground or surface waters from the permit area as compared to such discharges prior to mining, so as to improve public or private uses or the ecology of such waters, or there will be reduced flood hazards within the watershed containing the permit area by reduction of peak flow discharges from precipitation events or thaws;

(ii) The total volume of flows from the proposed permit area, during every season of the year, will not vary in a way that adversely affects the ecology of any surface water or any existing or planned use of surface or ground water; and

(iii) The appropriate Ohio environmental agency approves the plan;

(e) The proposed use is designed and certified by an engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site;

(f) The highwall is to be completely backfilled with spoil material, in a manner which results in a static safety factor of at least 1.3, using standard geotechnical analysis;

(g) Only the amount of spoil necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of Chapter 1513. of the Revised Code and rules adopted thereunder is to be placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with rule 1501:13-9-07 of the Administrative Code;

(h) Federal, state and local government agencies with an interest in the proposed land use have an adequate period in which to review and comment on the proposed use;

(i) The applicant has demonstrated that the owner of the surface of the lands within the permit area has knowingly requested, in writing, as part of the application, that a variance be granted. The request shall be made separately from any surface owner consent given for the operations under paragraph (D) of rule 1501:13-4-03 of the Administrative Code and shall show an understanding that the variance could not be granted without the surface owner's request; and

(j) All other requirements of Chapter 1513. of the Revised Code and rules adopted thereunder will be met by the proposed operations.

(2) If a variance is granted under paragraph (E) of this rule:

(a) The requirements of paragraph (E) of this rule shall be made a specific condition of the permit; and

(b) The permit shall be specifically marked as containing a variance from approximate original contour.

(3) Any permits incorporating a variance issued under paragraph (E) of this rule shall be reviewed by the chief to evaluate the progress and development of the mining operations and to establish that the operator is proceeding in accordance with the terms of the variance:

(a) Within the sixth month preceding the third year from the date of its issuance;

(b) Before each permit renewal; and

(c) Not later than the middle of each permit term.

(4) If the permittee demonstrates to the chief at any of the times specified in paragraph (E)(3) of this rule that the operations involved have been and continue to be conducted in compliance with the terms and conditions of the permit, the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code, the review required at that time need not be held.

(5) The terms and conditions of a permit incorporating a variance under paragraph (E) of this rule may be modified at any time by the chief if he or she determines that more stringent measures are necessary to ensure that the operations involved are conducted in compliance with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder.

(F) Prime farmlands.

(1) Paragraph (F) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations on prime farmlands used for cropland. It does not apply to lands included in any existing coal mining operations for which a permit was issued for all or any part thereof prior to August 3, 1977, provided that:

(a) Such lands are part of a single continuous coal mining operation begun under a permit issued before August 3, 1977;

(b) The permittee had a legal right to mine the lands prior to August 3, 1977, through ownership, contract, or lease but not including an option to buy, lease, or contract; and

(c) The lands contain part of a continuous recoverable coal seam that was being mined in a single continuous mining pit or multiple pits if the lands are proven to be part of a single continuous coal mining operation begun under a permit issued prior to August 3, 1977.

(d) For purposes of paragraph (F) of this rule:

(i) A pit shall be deemed to be a single continuous mining pit even if portions of the pit are crossed by a road, pipeline, railroad, or powerline or similar crossing; and

(ii) A single continuous coal mining operation is presumed to consist only of a single continuous mining pit under a permit issued prior to August 3, 1977, but may include non-contiguous parcels if the operator can prove by clear and convincing evidence that, prior to August 3, 1977, the non-contiguous parcels were part of a single permitted operation. For the purposes of this paragraph, clear and convincing evidence includes, but is not limited to, contracts, leases, deeds, or other properly executed legal documents (not including options) that specifically treat physically separate parcels as one coal mining operation.

(2) Application contents for prime farmland. If land within the proposed permit area is identified as prime farmland under paragraph (J) of rule 1501:13-4-04 or paragraph (J) of rule 1501:13-4-13 of the Administrative Code, the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, at a minimum:

(a) A soil survey of the permit area according to the standards of the national cooperative soil survey and in accordance with the procedures set forth in the United States department of agriculture handbooks 436 ("Soil Taxonomy," second edition, 1999) and 18 ("Soil Survey Manual," fourth edition, 2017);

(i) These publications are hereby incorporated by reference. Agriculture handbooks 436 ("Soil Taxonomy") and 18 ("Soil Survey Manual") are available under technical references on the natural resources conservation service website: https://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ref/?cid=stelprdb1247805. Copies of these documents are also available from "NRCS Distribution Center" at https://nrcspad.sc.egov.usda.gov/DistributionCenter/; e-mail nrcsdistributioncenter@ia.usda.gov; or call (888) 526-3227;

(ii) The soil survey shall include a description of soil mapping units and a representative soil profile description as determined by the U.S. natural resources conservation service, including, but not limited to, soil-horizon depths, pH, and the range of soil densities for each prime farmland soil unit within the permit area. Other representative soil profile descriptions from the locality, prepared in conjunction with the national cooperative survey, may be used if their use is approved by the state conservationist, U.S. natural resources conservation service;

(b) The proposed method and type of equipment to be used for removal, storage, and replacement of the soil in accordance with rule 1501:13-13-03 of the Administrative Code;

(c) The method to be employed in avoiding excessive compaction in the replacement of soil;

(d) The location of areas to be used for the separate stockpiling of the soil and plans for soil stabilization before redistribution;

(e) Plans for seeding or cropping the final graded disturbed land and the conservation practices to be used to adequately control erosion and sedimentation and to restore an adequate soil moisture regime, during the period from completion of regrading until release of the performance security as required by Chapter 1513. of the Revised Code and these rules. Proper adjustments for seasons must be proposed so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions;

(f) Available agricultural school studies or other scientific data for areas with comparable soils, climate, and management (including water management) that demonstrate that the proposed method of reclamation will achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before mining;

(g) A demonstration that the applicant has the technological capability to restore the prime farmland to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management; and

(h) In all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as non-mined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to paragraph (F)(2)(a) of this rule.

(3) Consultation with the United States secretary of agriculture. Before any permit is issued for areas that include prime farmlands, the chief shall consult with the United States secretary of agriculture. The United States secretary of agriculture shall provide for review of and comment on the proposed method of soil reconstruction in the plan submitted under paragraph (F)(2) of this rule. If the United States secretary of agriculture considers those methods to be inadequate, he or she shall suggest revisions resulting in more complete and adequate reconstruction. The United States secretary of agriculture has assigned his or her responsibilities under this rule to the administrator of the United States natural resources conservation service. The natural resources conservation service shall carry out consultation and review through the conservationist for the state of Ohio.

(4) Issuance of permit. A permit for the mining and reclamation of prime farmland may be granted by the chief, if he or she first finds, in writing, upon the basis of a complete application, that:

(a) The approved proposed post-mining land use of these prime farmlands will be cropland;

(b) The permit incorporates as specific conditions the contents of the plan submitted under paragraph (F)(2) of this rule, after consideration of any revisions to that plan suggested by the secretary of agriculture under paragraph (F)(3) of this rule;

(c) The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management;

(d) The proposed operations will be conducted in compliance with all of the requirements of rule 1501:13-13-03 of the Administrative Code and other environmental performance and reclamation standards for mining and reclamation of prime farmland; and

(e) The aggregate total prime farmland acreage will not be decreased from that which existed prior to mining. Permanent water bodies, if any, to be constructed during mining and reclamation operations will be located within the post-reclamation non-prime farmland portions of the permit area.

If the prime farmland acreage is to be restored in a location other than the premining location, the relocation must be approved by the chief and the permittee must obtain the consent of all affected surface owners.

(G) Variances for delay in contemporaneous reclamation requirement in combined surface and underground mining operations.

(1) Scope. Any person who conducts or intends to conduct combined surface mining and underground coal mining operations, where contemporaneous reclamation as required by rule 1501:13-9-13 of the Administrative Code is not practicable and a delay is requested to allow underground mining operations to be conducted before the reclamation operation for the surface mining operations can be completed, shall meet the requirements of paragraph (G) of this rule.

(2) The chief may allow the delay in reclaiming where the delay will allow underground mining operations to be conducted to ensure both maximum practical recovery of coal resources and to avoid multiple future disturbances of surface lands or waters.

(3) Application contents for variances. Any person who desires to obtain a variance under paragraph (G) of this rule shall file with the chief complete applications for both the surface mining and underground mining operations which are to be combined. The mining and reclamation operation plans for these permits shall contain appropriate narratives, maps and plans, which:

(a) Show why the proposed underground mining operations are necessary or desirable to assure maximum practical recovery of coal;

(b) Show how the multiple future disturbances of surface lands or waters will be avoided;

(c) Identify the specific surface areas for which a variance is sought and the particular provisions of Chapter 1513. of the Revised Code and these rules from which a variance is being sought;

(d) Show how the operations will comply with rule 1501:13-9-08 of the Administrative Code;

(e) Show why the variance sought is necessary for the implementation of the proposed underground mining operations;

(f) Provide an assessment of the adverse environmental consequences and damages, if any, that will result if the reclamation of coal mining operations is delayed; and

(g) Show how off-site storage of spoil will be conducted to comply with the applicable requirements of rule 1501:13-9-07 of the Administrative Code.

(4) Issuance of permit. A permit incorporating a variance under paragraph (G) of this rule may be issued by the chief if he or she first finds, in writing, upon the basis of a complete application filed in accordance with paragraph (G) of this rule, that:

(a) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations;

(b) The proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple future disturbances of surface land or waters;

(c) The applicant has satisfactorily demonstrated that the applications for the surface mining and underground mining operations conform to the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code, and that all other permits necessary for the underground mining operations have been issued by the appropriate authority;

(d) The surface area of the surface mining operations proposed for the variance has been shown by the applicant to be necessary for implementing the proposed underground mining operations;

(e) No substantial adverse environmental damage, either off-site or on-site, will result from the delay in completion of reclamation otherwise required by division (A)(15) of section 1513.16 of the Revised Code and Chapters 1501:13-9 to 1501:13-11 of the Administrative Code;

(f) The operations will, insofar as a variance is authorized, be conducted in compliance with the requirements of Chapter 1513. of the Revised Code and rule 1501:13-9-08 of the Administrative Code;

(g) Provisions for the placement of excess spoil will comply with the requirements of division (A)(21) of section 1513.16 of the Revised Code and rule 1501:13-9-07 of the Administrative Code;

(h) Liability under the performance security required to be filed by the applicant with the chief pursuant to Chapter 1513. of the Revised Code and these rules shall be for the duration of the underground mining operations and until all requirements of Chapter 1513. of the Revised Code and rules adopted thereunder have been complied with; and

(i) The permit for the surface mining operations contains specific conditions:

(i) Delineating the particular surface areas for which a variance is authorized; and

(ii) Providing a detailed schedule for compliance with the particular requirements of this rule.

(5) Review of permits containing variances. Variances granted under permits issued under paragraph (G) of this rule shall be reviewed by the chief no later than three years from the dates of issuance of the permit and any permit renewals.

(H) Augering.

(1) Paragraph (H) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations utilizing augering operations.

(2) Any application for a permit for operations covered by paragraph (H) of this rule shall contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with the provisions of rule 1501:13-13-02 of the Administrative Code.

(3) No permit shall be issued for any operations covered by paragraph (H) of this rule unless the chief finds, in writing, that in addition to meeting all other applicable requirements of this rule, the operation will be conducted in compliance with rule 1501:13-13-02 of the Administrative Code.

(I) Coal preparation plants or support facilities not located within the permit area of a specified mine.

(1) Paragraph (I) of this rule applies to any person who operates or intends to operate a coal preparation plan or support facility outside the permit area of any mine, other than such plants or facilities which are located at the site of ultimate coal use. Any person who operates such a preparation plant or support facility shall have obtained a permit from the chief in accordance with the requirements of paragraph (I) of this rule.

(2) Any application for a permit for operations covered by paragraph (I) of this rule shall contain in the mining and reclamation plan, specific plans, including descriptions, maps and cross sections of the construction, operation, maintenance and removal of the preparation plants and support facilities. The plan shall demonstrate that those operations will be conducted in compliance with rule 1501:13-13-06 of the Administrative Code. Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in sufficient detail for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(3) No permit shall be issued for any operation covered by paragraph (I) of this rule, unless the chief finds, in writing, that, in addition to meeting all other applicable requirements of Chapter 1501:13-4 of the Administrative Code, the operations will be conducted in compliance with the requirements of rule 1501:13-13-06 of the Administrative Code.

(J) In situ processing activities.

(1) Paragraph (J) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations utilizing in situ processing activities.

(2) Any application for a permit for operations covered by paragraph (J) of this rule shall be made according to all requirements of these rules applicable to underground mining operations. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing that those operations will be conducted in compliance with the applicable requirements of rule 1501:13-13-07 of the Administrative Code, including:

(a) Delineation of proposed holes and wells and production zone for approval of the chief;

(b) Specifications of drill holes and casings proposed to be used;

(c) A plan for treatment, confinement or disposal of all acid-forming, toxic-forming or radioactive gases, solids or liquids constituting a fire, health, safety, or environmental hazard caused by the mining and recovery process; and

(d) Plans for monitoring surface and ground water and air quality, as required by the chief.

(3) No permit shall be issued for operations covered by paragraph (J) of this rule unless the chief first finds, in writing, upon the basis of a complete application made in accordance with paragraph (I)(2) of this rule, that the operation will be conducted in compliance with all requirements of Chapter 1501:13-4 of the Administrative Code relating to underground mining operations and the requirements of Chapters 1501:13-9 to 1501:13-12 and rule 1501:13-13-07 of the Administrative Code.

(K) Permits incorporating variances from approximate original contour restoration requirements for remining operations on previously mined areas. The chief may issue a permit for remining operations on previously mined lands which includes a variance from the requirements of rule 1501:13-9-14 of the Administrative Code requiring elimination of highwalls, provided requirements of paragraph (K) of this rule are met.

(1) The operator of the remining operation shall demonstrate in writing to the chief that the volume of all reasonably available spoil is insufficient to completely backfill the reaffected or enlarged highwall.

(2) If the operator makes the proper demonstration to the chief under paragraph (K)(1) of this rule and the chief issues a permit with a variance for previously mined areas, the remining operation shall be conducted in accordance with the requirements of paragraph (L)(3) of rule 1501:13-9-14 of the Administrative Code.

(L) Lands eligible for remining. Paragraph (L) of this rule applies to any person who proposes to conduct coal mining and reclamation operations on areas eligible for remining. The requirements of this paragraph shall apply until September 30, 2004, or any later date authorized by federal law. The application for a permit containing areas proposed to be remined must include the following:

(1) A description of the proposed lands eligible for remining and a demonstration, to the satisfaction of the chief, how such lands meet the eligibility requirements specified by section 1513.37 of the Revised Code.

(2) Identification, to the extent not otherwise addressed in the permit application, of any potential environmental and safety problems related to the prior mining activity at the site which could be reasonably anticipated to occur. This identification shall be based on a due diligence investigation which shall include visual observations at the site, a record review of past mining at the site, and environmental sampling tailored to current site conditions.

(3) A description, with regard to potential environmental and safety problems identified in paragraph (L)(2) of this rule, of the mitigative measures that will be taken to ensure that the applicable reclamation requirements of Chapter 1513. of the Revised Code and rules adopted thereunder can be met.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-13

(A) Timing. Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement, revegetation, and any other work necessary to fulfill the approved mining and reclamation plan, to secure each phase of performance security release in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code, and to reduce potential reclamation cost liability on all land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining operations, and in accordance with the following:

(1) Contour mining. Backfilling and rough grading shall be completed within sixty days or one thousand five hundred linear feet following coal removal, whichever occurs first;

(2) Area mining. Backfilling and rough grading shall be completed within one hundred eighty days following coal removal and shall not be more than four spoil ridges behind the pit being worked, the spoil from the active pit constituting the first ridge;

(3) Other mining method or combination of methods. The chief may approve an alternate schedule for backfilling and rough grading if the permittee or operator demonstrates that an alternate schedule from that required for contour or area mining is necessary due to the mining method utilized, provided that backfilling and rough grading shall be completed not more than one hundred eighty days following coal removal or the minimum distance necessary to continue the coal mining operation following coal removal;

(4) Auger/highwall mining. Auger/highwall mining shall occur as contemporaneously as practicable and within one hundred eighty days after creation of the highwall to be augered/mined unless an alternative schedule is approved by the chief;

(5) Final grading and replacement of topsoil. Final grading and replacement of topsoil or approved resoiling materials shall occur in accordance with rule 1501:13-9-03 of the Administrative Code;

(6) Seeding and planting. Mulching, seeding, planting, and application of nutrients and soil amendments, as required by these rules and the approved reclamation plan, shall follow resoiling as soon as practicable to minimize erosion of the resoiled area. Seeding and planting shall take place not later than the next appropriate planting and growing season following the completion of backfilling, grading, resoiling, and other reclamation work;

(7) Tree planting. The normal expected time for tree planting is March through April. If the approved reclamation plan specifies use of the forestry reclamation approach, end-dumped soil placed after April shall not be planted with trees until the following spring. Mulching and seeding may occur when the trees are planted or in the fall to help minimize herbaceous competition;

(8) The chief may grant additional time for backfilling and rough grading:

(a) If the chief finds that the permittee or operator cannot comply with the time limits of paragraph (A) of this rule because of a labor dispute;

(b) For periods of not more than one year if the permittee or operator needs more time than otherwise allowed under this rule, for the purpose of removing limestone, clay, or shale which was uncovered by surface mining operations, if the permittee or operator is in a business which substantially utilizes limestone, clay, or shale, and if the chief determines that the permittee or operator has a bona fide need for the extension of time in order to carry out limestone, clay, or shale removal. Removal of limestone, clay, and shale shall be performed under rules adopted by the chief for the purpose of ensuring compliance with the requirements and objectives of Chapter 1513. of the Revised Code. An extension of time made under this rule shall not delay reclamation on any part of the area of land affected for which the extension is not necessary in order to carry out the limestone, clay, or shale removal; or

(c) If the permittee or operator can demonstrate, through a detailed written analysis of the backfilling, soil stabilization and grading information provided under paragraph (D)(2)(b) of rule 1501:13-4-05 of the Administrative Code as part of the approved reclamation plan, that additional time is necessary. The analysis shall include a map or other description of the area for which additional time is needed;

(9) A request for additional time for backfilling and rough grading that is not addressed in the approved permit shall be filed with the chief as a revision to the permit in accordance with rule 1501:13-4-06 of the Administrative Code. The revision request shall include sufficient justification for the additional time and a time schedule that describes the length of the anticipated delay in backfilling and grading;

(a) Reasons for additional time may include, but are not limited to, auger mining, highwall mining, waste disposal, coal processing, permitting of an adjacent area, mining of a lower coal seam, or mining other minerals;

(b) If the activity that justified the additional time does not take place as stated in the revision to the permit, the permittee shall begin reclamation immediately and continue until completion; and

(10) For purposes of this rule, areas that are backfilled and rough graded shall closely resemble the final ground surface configuration approved in the mining and reclamation plan, but are not necessarily ready for resoiling or eligible for phase I performance security release.

(B) As provided in paragraph (G) of rule 1501:13-4-12 of the Administrative Code, the chief may grant a variance to the requirements of this rule where the applicant proposes to combine surface coal mining and underground coal mining operations.

(C) For underground mining, reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement and revegetation of all areas affected by surface operations, shall occur as contemporaneously as practicable with mining operations.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-17

(A) All affected areas shall be reclaimed in a timely manner:

(1) To conditions that are capable of supporting the uses which they were capable of supporting before any mining; or

(2) To higher or better uses achievable under criteria and procedures of paragraph (D) of this rule.

(B) The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land has not been previously mined and has been properly managed.

(1) The postmining land use for land that was mined pursuant to a license issued prior to April 10, 1972, shall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.

(2) The land may be returned to the undeveloped postmining land use category only if the land was categorized as undeveloped land prior to mining.

(C) "Land use" means specific uses or management-related activities, rather than the vegetation or cover of the land. Land use is categorized in the following categories. Changes of land use or uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the chief pursuant to paragraph (D) of this rule.

(1) The cropland category includes land in the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included for purposes of these land use categories.

(2) The pastureland category includes land occasionally cut for hay and land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.

(3) The grazingland category includes both grassland and forest land where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production. Land used for facilities in support of ranching operations which are adjacent to or an integral part of these operations is also included.

(4) The industrial category includes land used for extraction or transformation of materials for fabrication of products, wholesaling of products or for long-term storage of products. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining, and fabricated metal products manufacture. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include, but are not limited to, all rail, road, and other transportation facilities.

(5) The commercial category includes land used for retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage, or shipping facilities.

(6) The developed water resources category includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control, and water supply.

(7) The recreation category includes land used for public or private leisure-time use, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing and other undeveloped recreational uses.

(8) The residential category includes land used for single and multiple-family housing, mobile home parks, and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use.

(9) The forest category includes land used for the commercial or noncommercial production of wood, wood fiber, or wood derived products and land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations.

(10) The fish and wildlife habitat category includes land used wholly or partially for the production, protection or management of species of fish or wildlife.

(11) The undeveloped land use category includes land that is not currently being used or managed or, if previously used or managed, is land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.

(D) An alternative postmining land use may be approved by the chief of the division of reclamation, after consultation with the landowner or the land management agency having jurisdiction over state or federal lands, if the following criteria are met.

(1) The proposed land use is compatible with adjacent land use and, where applicable, with existing local, state, or federal land use policies and plans.

(2) The use will not be impractical or unreasonable.

(3) The plans show the feasibility of the postmining land use and include a schedule showing how the proposed use will be developed and achieved within a reasonable time.

(4) The plans include letters of commitment from other parties to provide for necessary public facilities that are required for the proposed use.

(5) The proposed use or uses will neither present actual or probable hazard to public health or safety, nor will they pose any actual or probable threat of water flow diminution or pollution.

(6) The use or uses will not involve unreasonable delays in reclamation.

(7) The use will not cause or contribute to violation of federal, state, or local law.

(8) The proposed postmining land use identifies measures to prevent or mitigate adverse effects on fish and wildlife, and threatened or endangered plants or animals or their critical habitats, and an opportunity to comment has been provided in accordance with paragraph (A)(3) of rule 1501:13-5-01 of the Administrative Code to appropriate state and federal fish and wildlife management agencies.

Last updated February 27, 2023 at 9:59 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-01

(A) Requirement to file performance security.

(1) After an application for a permit to conduct coal mining and reclamation operations has been approved under these rules, the applicant shall file with the chief performance security in compliance with these rules.

(a) If the applicant provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule, the applicant shall file performance security for:

(i) The number of acres in the entire area to be permitted; or

(ii) The estimated number of acres to be affected in the first permit year in accordance with the requirements of paragraph (A)(6)(a) of this rule.

(b) If the applicant provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule, the applicant shall file performance security for:

(i) The entire area to be permitted; or

(ii) Each incremental mining unit to be affected in the first permit year in accordance with the requirements of paragraph (A)(6)(b) of this rule.

(c) Once coal extraction begins under an approved permit, a permittee providing performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule may not change to providing performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule.

(2) No person shall disturb surface acreage, either by coal mining and reclamation operations conducted on the surface of land or as a result of surface impacts incidental to an underground coal mine, prior to filing with the chief performance security covering the areas of land to be affected.

(3) Liability on the performance security shall cover all coal mining and reclamation operations to be conducted within the permit area until the end of the permittee's period of reclamation responsibility.

(4) No area affected by a coal mining and reclamation operation within a permit shall be identified with a specific performance security.

(5) Performance security shall apply to the permit area and to all revisions to the permit, including incidental boundary revisions and adjacent area permits.

(6) Providing incremental performance security. When an applicant elects to file performance security incrementally:

(a) The applicant that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule shall as part of the permit application process:

(i) Submit to the chief a written estimate of the number of acres to be affected in the first permit year; and

(ii) Before the permit is issued, file with the chief performance security for the estimated number of acres to be affected in the first permit year;

(b) The applicant that provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule shall as part of the permit application process:

(i) Submit to the chief, on the map required under paragraph (D)(3) of rule 1501:13-4-01 of the Administrative Code, the boundaries for each incremental mining unit within the proposed permit area; and

(ii) Before the permit is issued, file with the chief performance security for each incremental mining unit that will be affected in the first permit year;

(c) Thirty days before affecting more than the number of acres or incremental mining units for which performance security has been filed with the chief, the permittee shall file additional performance security for the number of additional acres to be affected in the permit year or for the next incremental mining unit or units to be affected by the mining and reclamation operation;

(d) The permittee shall within thirty days after the end of every permit year:

(i) Identify on the annual map each incremental area or incremental mining unit for the first through most recent permit year in accordance with the requirements of these rules; and

(ii) File performance bond with the chief, concurrently with the submittal of the annual map, if one of the following circumstances applies:

(a) For permits for which performance security has been filed together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule, the number of acres shown as affected and estimated to be affected on the annual map exceeds the number of acres for which performance secuirty has been provided; or

(b) For permits for which performance security has been filed without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule, the incremental mining units shown as affected and estimated to be affected on the annual map exceed the incremental mining units for which performance security has been provided;

(e) Performance security filed and not yet released for any incremental area or incremental mining unit can be forfeited, in whole or part, to perform the requirements of Chapter 1513. of the Revised Code, rules adopted thereunder, and the conditions of the permit on any area affected by the permittee pursuant to the permit;

(f) After a permit is issued, a permittee that has chosen to provide incremental performance security may elect instead to provide performance security for the entire permit area and file the entire performance security required during the term of the permit; and

(g) After a permit is issued, a permittee that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule and that has filed the entire performance security required during the term of the permit may not change to incremental performance security.

(7) A permittee that has filed performance security for the entire permit area instead of filing performance security incrementally shall identify an incremental area or incremental mining unit at the end of each permit year in the manner prescribed in paragraph (A)(6)(d)(i) of this rule and may obtain release of performance security by incremental area or by incremental mining unit, pursuant to rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code, as applicable.

(B) Estimated cost of reclamation. The chief shall determine the estimated cost of reclamation under the initial term of the permit if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(1) The chief shall determine the estimated cost of reclamation using:

(a) The information contained in the permit application and in the approved mining and reclamation plan, as required by the chief and submitted by the applicant under rule 1501:13-4-05 of the Administrative Code, rule 1501:13-4-14 of the Administrative Code or paragraph (I) of rule 1501:13-4-12 of the Administrative Code; and

(b) After considering the topography, geology, hydrology, and revegetation potential of the area of the approved application, the probable difficulty of reclamation.

(2) The chief shall provide the applicant a copy of the estimated cost of reclamation along with the unit costs used to support the estimated cost of reclamation.

(3) The chief shall send written notice of the amount of the estimated cost of reclamation by certified mail or other method able to track receipt of delivery to the applicant.

(C) Method of providing performance security. The applicant shall send written notice to the chief indicating the method by which the applicant will provide the performance security. The method of providing performance security shall apply to the entire permit. The applicant shall provide the performance security in an amount using one of the following:

(1) If the applicant provides performance security without reliance on the reclamation forfeiture fund created in section 1513.18 of the Revised Code, the applicant shall provide as performance security the amount of the estimated cost of reclamation as determined by the chief under paragraph (B) of this rule and in accordance with paragraphs (B) and (C) of rule 1501:13-7-02 of the Administrative Code.

(2) If the applicant provides performance security together with reliance on the reclamation forfeiture fund created in section 1513.18 of the Revised Code, the applicant shall, in addition to paying the tax on the severance of coal levied under division (A)(8) of section 5749.02 of the Revised Code, provide performance security in the amount required under paragraphs (A) and (C) of rule 1501:13-7-02 of the Administrative Code.

(a) To be eligible to provide performance security in accordance with paragraph (C)(2) of this rule, the applicant, an owner and controller of the applicant, or an affiliate of the applicant shall have held a permit issued under this chapter for any coal mining and reclamation operation for a period of not less than five years.

(b) In the event of forfeiture of performance security that was provided in accordance with paragraph (C)(2) of this rule, the difference between the amount of that performance security and the estimated cost of reclamation as determined by the chief under paragraph (B) of this rule shall be obtained from the money in the reclamation forfeiture fund created in section 1513.18 of the Revised Code as needed to complete the reclamation.

(D) Release of excess performance security.

(1) For a permittee that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule:

(a) If, upon receipt by the chief of the annual map and annual report, the number of acres affected is less than the number of acres for which performance security has been provided, the permittee may obtain a release of the excess performance security by submitting a request for release of excess performance security to the chief on a form provided by the chief; and

(b) If, upon receipt by the chief of the final map and final report, the number of acres affected is less than the number of acres for which performance security has been provided, the chief shall release the excess performance security to the permittee.

(2) For a permittee that provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule, if, upon receipt of the annual map and annual report, the chief determines that the required performance security for the next year is less than the performance security that has been provided, the permittee may obtain a release of the excess performance security by submitting a request for release of excess performance security to the chief on a form provided by the chief.

(E) Responsibilities of the chief.

(1) The chief shall prescribe and furnish forms for filing performance security.

(2) The chief shall determine the estimated cost of reclamation in accordance with paragraph (B) of this rule.

(3) The chief shall adjust the amount of the estimated cost of reclamation and the amount of a permittee's performance security provided for the permit area in accordance with paragraph (E) of rule 1501:13-7-02 of the Administrative Code.

(4) The chief shall release the permittee from his performance security obligations in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code.

(5) The chief shall cause all or part of a performance security to be forfeited in accordance with rule 1501:13-7-06 of the Administrative Code.

(6) The chief shall require as a condition of the permit that adequate performance security coverage be in effect at all times.

Last updated February 14, 2022 at 9:04 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-13-07

(A) Performance standards.

(1) The person who conducts in situ processing activities shall comply with the provisions of this rule.

(2) In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by:

(a) Avoiding discharge of fluids into holes or wells, other than as approved by the chief;

(b) Injecting process recovery fluids only into geologic zones or intervals approved as production zones by the chief;

(c) Avoiding annular injection between the wall of the drill hole and the casing; and

(d) Preventing discharge of process fluid into surface waters.

(3) Each person who conducts in situ processing activities shall submit for approval as part of the application for permit and follow after approval, a plan that ensures that all acid-forming, toxic-forming, or radioactive gases, solids, or liquids constituting a fire, health, safety, or environmental hazard and caused by the mining and recovery process are promptly treated, confined, or disposed of, in a manner that prevents contamination of ground and surface waters, damage to fish, wildlife and related environmental values, and threats to the public health and safety.

(4) Each person who conducts in situ processing activities shall prevent flow of the process recovery fluid:

(a) Horizontally beyond the affected area identified in the permit; and

(b) Vertically into overlying or underlying aquifers.

(5) Each person who conducts in situ processing activities shall restore the quality of affected ground water in the permit and adjacent area, including ground water above and below the production zone, to the approximate premining levels or better, to ensure that the potential for use of the ground water is not diminished.

(B) Monitoring.

(1) Each person who conducts in situ processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics in a manner approved by the chief to measure changes in the quantity and quality of water in surface and ground water systems in the permit and in adjacent areas.

(2) Water quality monitoring shall be conducted in accordance with monitoring programs approved by the chief as necessary according to appropriate federal and state water quality standards.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: October 27, 1982
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-9-06

(A) General.

(1) The provisions of this rule shall apply to all surface blasting operations, including surface blasting operations incident to underground mining, on all coal mining and reclamation operations and on coal exploration operations. For box or contour cuts associated with development of underground mine entries, this rule shall apply to all material above the coal seam to be mined. For vertical shafts and drift or slope entries associated with underground mining, this rule shall apply only to the first twenty-five feet of material excavated below or beyond the original ground surface or point of entry. Where the provisions of this rule are in conflict with the conditions described in a permittee's previously approved blasting plan, the provisions of this rule shall apply.

(2) Blasting operations shall be conducted in accordance with all applicable state and federal laws and regulations.

(3) For purposes of this rule, "certified blaster" shall mean a blaster who possesses a valid certificate obtained pursuant to rule 1501:13-9-10 of the Administrative Code and "certified mine foreperson" shall mean a mine foreperson who has a valid certification pursuant to Chapter 1561. of the Revised Code.

(4) Blasting operations shall be conducted only under the supervision of a certified blaster. A certified blaster and at least one other person shall be physically present at the detonation of a blast. Only a certified blaster, or a member of the blasting crew under the direct supervision of the certified blaster, may detonate a blast. Any certified blaster who is responsible for conducting blasting operations at a blasting site shall give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew or assist in the use of explosives.

(5) Certified blasters, and other persons responsible for blasting operations at a blasting site, shall review and know the permittee's blasting plan and site-specific blasting limitations. The permittee shall keep a copy of the blasting plan and the permit map at the permit site or at the mine office closest to the permit site for use by employees, contract blasters, and any other persons responsible for blasting operations.

(B) Anticipated blast design for special areas.

(1) The permittee or permit applicant must submit an anticipated blast design to the chief before blasting within:

(a) One thousand feet of any dwelling, public or commercial building, school, church, or community or institutional building; or

(b) Five hundred feet of an active or abandoned underground mine.

(2) The blast design must be submitted:

(a) As part of a permit application; or

(b) As a revision to the mining plan, at least sixty days prior to such blasting.

(3) The blast design shall contain sketches of the drill patterns, delay periods, and decking, and shall indicate the type and amount of explosives to be used, critical dimensions, initiation systems, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable flyrock, airblast, and ground vibration standards in paragraph (F) of this rule.

(4) The blast design shall be prepared by a certified blaster or by a blasting consultant, seismologist, or professional engineer who has been trained in current blasting technology and state and federal blasting laws and regulations. The blast design shall be reviewed, approved, and signed by a certified blaster who has knowledge of the site-specific blasting limitations.

(5) The chief may require revisions to the design submitted.

(C) Preblast survey.

(1) At least thirty days before initiation of blasting, the permittee or permit applicant shall notify, in writing, all residents or owners of dwellings or other structures located within one-half mile of the permit area, about how to request a preblast survey. Such notification shall include the statements that any preblast survey requested more than ten days before the planned initiation of blasting shall be completed before the initiation of blasting, and that the survey will be conducted at no cost to the resident or owner.

(2) A resident or owner of a dwelling or structure within one-half mile of the permit area may request a preblast survey. This request shall be made, in writing, directly to the permittee or permit applicant by certified mail, or by regular mail to the chief, who shall promptly notify the permittee or permit applicant by certified mail or by electronic mail with acknowledgment of receipt. Within forty-five days after a request is received, the permittee or permit applicant shall conduct a preblast survey of the dwelling or structure and prepare a written report of the survey. Where blasting has not yet begun on a new or proposed permit area, a modified time frame for completion of preblast surveys may be approved by the chief, upon written request to the chief, when circumstances warrant an extension of time. However, any preblast survey requested more than ten days before the planned initiation of blasting shall be completed before the initiation of blasting. An updated survey of any additions, modifications, or renovations shall be performed by the permittee or permit applicant if requested by the resident or owner.

(3) When conducting a preblast survey, the permittee or permit applicant shall determine the condition of the dwelling or structure and shall document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, oil and gas wells, cables, communication and transmission towers, transmission lines, and cisterns, wells, and other water systems warrant special attention; however, the assessment of these structures may be limited to surface conditions and other readily available data.

(4) The written report of the survey shall be signed by the person who conducted the survey. Copies of the report shall be provided to the resident or owner of the dwelling or structure, and to the chief. If the resident or owner disagrees with the contents or recommendations contained therein, he or she may submit to both the permittee or permit applicant and the chief a detailed description of the specific areas of disagreement.

(5) Whenever a permittee or permit applicant conducts a preblast survey of a dwelling or structure without receiving a written request to do so, a copy of the written report of the survey shall be given to the resident or the owner.

(D) Blasting schedule.

(1) Blasting shall be conducted between sunrise and sunset at times approved by the chief and announced in the blasting schedule. The chief may limit the time periods, area covered, and sequence of blasting as listed in the schedule, if such limitations are necessary and reasonable in order to protect the public health and safety or welfare.

(2) Unscheduled blasts may be conducted only in emergency situations where rain, lightning, other atmospheric conditions, or operator or public safety so requires. When an unscheduled blast is conducted, the certified blaster in charge shall document the reason for the unscheduled blast in the blast record required under paragraph (G) of this rule.

(3) At least ten days, but not more than ninety days, before initiation of blasting, the permittee or permit applicant shall publish the blasting schedule in a newspaper of general circulation in the locality of the blasting area, and distribute copies of the blasting schedule to local governments, public utilities, and each residence and occupied building within one-half mile of the proposed blasting area described in the schedule. A notarized proof of each publication of the blasting schedule required under this rule shall be sent to the division of mineral resources management district office having jurisdiction over the permit.

(4) The permittee shall republish and redistribute the schedule at least every twelve months, and revise, republish, and redistribute the schedule at least ten days, but not more than thirty days, before blasting whenever the area covered by the schedule changes or actual time periods for blasting significantly differ from the prior announcement.

(5) The blasting schedule shall contain, at a minimum:

(a) Name, address, and telephone number of the permittee or permit applicant;

(b) Permit number or application number, whichever is applicable;

(c) Identification of the specific areas where blasting will occur;

(d) Dates and time periods when blasting will occur;

(e) Methods to be used to control access to the blasting area;

(f) Type and patterns of audible warning and all-clear signals to be used before and after blasting; and

(g) A description of possible emergency situations (defined in paragraph (D)(2) of this rule) when an unscheduled blast may be necessary.

(6) Surface blasting incident to underground mining shall be exempt from the blasting schedule and publication requirements of paragraphs (D)(3), (D)(4), and (D)(5) of this rule if, instead, the underground mine permittee or permit applicant provides notice, in writing, to residents within one-half mile of the blasting site and local governments of the proposed times and locations of blasting operations. Such notice of blasting times and locations may be announced weekly, but in no case less than twenty-four hours before blasting will occur.

(E) Blasting signs, warnings, and access control.

(1) Blasting signs shall meet the specifications of rule 1501:13-9-01 of the Administrative Code.

(2) The permittee shall conspicuously place signs reading "BLASTING AREA" along the edge of any blasting area that comes within one hundred feet of any public road right-of-way, and at the edge of blasting areas along access and haul roads within the permit area.

(3) At all entrances to the permit area from any road, the permittee shall conspicuously place signs which state "WARNING! EXPLOSIVES IN USE" which clearly explain the meaning of the audible warning and all-clear signals in use, and the marking of blasting areas and charged holes awaiting firing within the permit area.

(4) For each blast, the certified blaster conducting the blast shall determine the limits of the blasting area and communicate those limits to the certified mine foreperson. The certified mine foreperson shall be responsible for controlling access to the blasting area to prevent the presence of livestock or unauthorized persons at least ten minutes before each blast, and until the certified blaster has determined that no unusual hazards, such as imminent slides or undetonated charges, exist, and access to and travel within the blasting area can safely resume. The certified mine foreperson shall not allow anyone to re-enter the designated blasting area until the certified blaster conducting the blast has contacted the certified mine foreperson, and the all-clear signal has been sounded. "Blasting area" means the area in which airblast (concussion or shock wave), flyrock, or other blasting hazards might cause injury to persons or damage to property. In determining the blasting area, the following factors shall be considered:

(a) Geology of the material to be blasted;

(b) Orientation of the blast bench and rock face(s);

(c) Blast pattern layout, delay system and timing;

(d) Burden, depth, diameter and angle of the blastholes;

(e) Blasting experience of the mine;

(f) Powder factor and pounds of explosives per delay;

(g) Type and amount of explosive material;

(h) Type and amount of stemming;

(i) Atmospheric conditions; and

(j) Topography.

(5) At least one minute, but not more than two minutes, before the detonation of a blast, the certified blaster in charge, or someone directed by the certified blaster, shall give an audible warning signal. If the blast is not detonated within two minutes of the audible warning signal, the warning signal shall be repeated as required by this paragraph before the blast is detonated. After the blast has been detonated and the certified blaster has confirmed that the blast area is safe to re-enter, an audible all-clear signal shall be given.

(6) Warning and all-clear signals, to be produced by an airhorn, siren or similar device, shall be audible to at least one-half mile from the blast site. "Blast site" means the area formed by the perimeter of the loaded blastholes and fifty feet in all directions from loaded blastholes. The warning signal shall consist of three long sounds, each lasting at least five seconds. The all-clear signal shall consist of one long sound lasting at least ten seconds.

(7) When blasting within one-half mile of any public or private institution such as a school or church in session, or a residential mental or physical health care facility, the permittee shall notify the institution by telephone or personal visit on the day of scheduled blasting at least one hour before each blast. This requirement shall not apply if the permittee submits to the chief a copy of a statement signed by the administrator of the institution, waiving the right to be notified.

(F) Control of adverse effects.

(1) Blasting shall be conducted in a manner to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of surface or ground water outside the permit area.

(2) Blasting shall not be conducted within:

(a) Three hundred feet of any public water tower or public reservoir dam, communication or high-voltage transmission tower, railroad tunnel or highway tunnel, public water or sewage line, or major oil or gas pipeline, except where written permission has been obtained from the controlling authority or owners thereof on a form prescribed by the chief or a letter attached to that form; or

(b) Five hundred feet of an active underground mine, except where written permission has been obtained from the owners thereof, and from all state and federal regulatory authorities concerned with the health and safety of underground miners, on a form prescribed by the chief or a letter attached to that form.

(3) "Flyrock," defined as rock, mud, or debris (excluding dust) traveling in the air or along the ground as a result of a blast, shall not be cast from the blast site beyond any of the following:

(a) One-half the horizontal distance to any dwelling or other occupied structure;

(b) The area of control required under paragraph (E)(4) of this rule; or

(c) The permit boundary.

(4) If flyrock is cast beyond the permit boundary, the certified blaster in charge shall notify the division of mineral resources management by telephone within two hours after learning of the flyrock incident, and submit a written flyrock incident report to the division of mineral resources management district office having jurisdiction over the permit area within three business days after learning of the incident. The permittee or certified blaster shall not conduct another blast directly beside or behind the blast site where the flyrock originated until the report is properly completed and the division of mineral resources management has acknowledged its receipt. The report shall include, at a minimum, a copy of the blast record required under paragraph (G) of this rule and all available seismographic data, a sketch of the blast site and rock deposition area, and a detailed explanation of: how the blast was designed and loaded; who witnessed the blast and where they were located and what they observed; the location and nature of the flyrock deposition (including property owners, type and approximate number of rocks, size and distance range), property damages (if any) and personal injuries (if any); what measures have been taken to repair all property damages (if any) and address all personal injuries (if any); the probable cause of the flyrock incident; and the corrective measures to be taken to prevent another flyrock incident.

(5) Airblast shall not exceed one hundred thirty-three decibels at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area, except as authorized under paragraph (F)(12) of this rule.

(a) If necessary to prevent damage, the chief shall specify lower maximum allowable airblast levels for use in the vicinity of a specific blasting operation.

(b) The permittee shall conduct periodic monitoring to ensure compliance with the airblast limits. The chief may require airblast measurement of any or all blasts, and may specify the locations at which such measurements are taken.

(6) In all blasting operations, except as authorized in paragraph (F)(12) of this rule, the maximum ground vibration shall not exceed the values specified in this rule or approved in the blasting plan required under paragraph (C) of rule 1501:13-4-05 or paragraph (C) of rule 1501:13-4-14 of the Administrative Code.

(a) The maximum ground vibration at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area shall be established in accordance with the frequency-dependent particle velocity limits of paragraph (F)(8) of this rule, or other limits imposed by the chief pursuant to paragraph (F)(10) of this rule.

(b) All other structures in the vicinity of the blasting area not listed in paragraph (F)(6)(a) of this rule, such as water towers, pipelines and other utilities, communication and transmission towers, tunnels, dams, impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the permittee in the blasting plan and approved by the chief.

(7) All seismographs used to prove compliance with the ground vibration and airblast limits required by this rule shall have seismic and acoustic systems with a minimum frequency range of two to two hundred fifty hertz, with accuracies that meet or exceed the performance specifications for blasting seismographs adopted by the international society of explosives engineers, "ISEE Performance Specifications for Blasting Seismographs 2017," available as a digital download from the "International Society of Explosives Engineers" at the website www.isee.org. The ground vibration shall be measured as the particle velocity and recorded in three mutually perpendicular directions. The maximum allowable frequency-dependent particle velocity limits and peak particle velocity limits in this rule shall apply in each of the three directions of measurement. Whenever possible, the seismographic measurement shall be made within ten feet of the building or structure being monitored, at the side or corner of the building or structure closest to the blast site. Otherwise, the seismograph may be placed at some point between the blast site and the building or structure to be protected.

(8) Ground vibration, when measured at any dwelling, public or commercial building, school, church or community or institutional building outside the permit area, shall not exceed the frequency-dependent particle velocity limits in the chart, below, from the U.S. bureau of mines (1980), "Report of Investigations 8507, Appendix B: Alternative Blasting Level Criteria." When applying the frequency-dependent particle velocity limits, the lower plateau at 0.50 inches per second shall apply at its corresponding frequencies, unless the permittee or permit applicant submits to the chief evidence to support application of the higher plateau at 0.75 inches per second, and the chief approves a blast plan modification to that effect.

(9) In lieu of the seismographic monitoring required by paragraph (F)(8) of this rule, the scaled distance equation, W = (D/90)², may be used to determine the maximum allowable charge weight of explosives that can be detonated within any period less than eight milliseconds, where W = the maximum weight of explosives, in pounds; D = the distance, in feet, from the nearest blasthole to the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area; and 90 is the applicable scaled distance factor.

(10) The chief shall reduce the maximum allowable ground vibration limits prescribed in paragraph (F)(8) of this rule, if determined necessary to prevent damage.

(11) The chief may require a permittee to conduct seismic monitoring of any or all blasts, and may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.

(12) The maximum airblast and ground vibration limits of paragraphs (F)(5) to (F)(8) of this rule shall not apply:

(a) At structures owned by the permittee and not leased to another person; and

(b) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the chief before blasting.

(13) Any person who operates a seismograph for the purpose of demonstrating compliance with the ground vibration and airblast limits of this rule shall have received appropriate training, for the specific seismograph model(s) in use, in: programming the seismograph(s) to record the blast; positioning the geophone and microphone; coupling the geophone to the ground; extracting the data after the blast in digital and printed form; and understanding the results. Such training shall be received from a representative of the seismograph manufacturer or distributor, or other competent person. A record of such training shall be maintained by the seismograph operator or his or her employer, and made available for inspection by the chief or his or her authorized representative upon request.

(G) Blast records.

(1) The permittee shall retain a record of all blasts for at least three years, and shall make copies of these records available for inspection upon request by the public, the chief or an authorized representative of the chief.

(2) Where blast records are normally kept at an office of the permittee not located on the permit site, the record for each blast shall be on file at that office within five business days after the blast is detonated.

(3) Blast records shall be accurately completed at the mine site by the certified blaster in charge, and shall contain the following data:

(a) Name of the permittee and permit number;

(b) Name of the firm conducting the blast, if different from the permittee;

(c) Location, date, and time of the blast;

(d) Printed name, signature, and certification number of the blaster conducting the blast and the name of each person on the blasting crew;

(e) Relative to the nearest blasthole, the identification of, distance to, direction to, and method used to determine the distance and direction to, the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area, except those structures described in paragraph (F)(12) of this rule. The direction shall be stated in degrees, as an azimuth from zero to three hundred sixty degrees. The distance shall be stated in feet, as derived from an aerial photo, a topographic map, conventional field measurement devices (e.g., measuring tape or transit), or electronic devices (e.g., laser-ranging or global positioning system units);

(f) Weather conditions, including temperature and approximate wind direction and velocity;

(g) Type of material blasted;

(h) Number, diameter, and depth of holes;

(i) Depth of subdrilling, where applicable;

(j) Burden and spacing dimensions;

(k) Type, manufacturer, and amount of explosives used, including bulk, bagged, or cartridged explosives, detonating cord, primers, and surface and in-hole delay detonators;

(l) Total weight of explosives used;

(m) Weight of explosives used per hole;

(n) Maximum number of holes and maximum weight of explosives detonated within any period less than eight milliseconds;

(o) The actual scaled distance factor, expressed as the distance, in feet, from the nearest blasthole to the nearest dwelling or building in paragraph (G)(3)(e) of this rule divided by the square-root of the maximum weight of explosives detonated in any period less than eight milliseconds;

(p) Type of initiation system used, including the type of blasting machine or other power source, and the types of trunkline and downline systems, if not readily apparent from other information in the blast record;

(q) Sequential timer setting, in milliseconds, if applicable;

(r) Type and length of stemming used per hole;

(s) Sketch of the blast pattern showing all holes, delay pattern (including initiation hole, hole-to-hole and row-to-row delay detonator locations and periods, where applicable, or electronically programmed hole and deck firing times, where applicable), location of free faces and previously blasted material, and a north arrow;

(t) Sketch of a typical blasthole cross section showing the depth and location of stemming and explosive decks, primers, and delay detonators;

(u) Mats or other special protections used;

(v) Seismographic records, when required for compliance, shall be attached to the blast record within five business days of the blast, and shall include:

(i) Make, model and serial number of the seismograph, seismic and acoustic trigger levels, and most recent annual calibration date;

(ii) Exact location of the seismograph and distance from the blast, and the date and time of the recorded blast event;

(iii) Name of the person and firm operating the seismograph;

(iv) Full waveform printout, including: three mutually perpendicular channels of ground vibration and an airblast channel; dynamic calibration results; a plot of particle velocity versus frequency with a comparison to the frequency-dependent blast vibration limits in paragraph (F)(8) of this rule, based on a half-cycle zero-crossing analysis method; and the peak particle velocity and airblast levels; and

(v) If the seismograph fails to be triggered by the blast, a printout showing the date and time the seismograph was armed and ready to record a blast and the date and time the seismograph was disarmed or shut down, or a written statement including the above information, signed by the seismograph operator and attached to the blast record; and

(w) Reasons and conditions for each unscheduled blast.

(4) When bulk-loaded explosives are used, blast record data required by paragraphs (G)(3)(k) to (G)(3)(n) of this rule shall be completed as soon as the exact quantity of bulk explosives is determined, but in no case more than twenty-four hours after the blast is detonated.

Last updated July 10, 2026 at 2:33 PM

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-03

(A) To prevent topsoil from being contaminated by spoil or waste materials or otherwise wasted, the permittee or operator shall remove the topsoil as a separate operation from areas to be disturbed. Topsoil shall be immediately redistributed according to the requirements of paragraph (C) of this rule on areas graded to the approved postmining configuration. The topsoil shall be segregated, stockpiled, and protected from wind and water erosion and from contaminants which lessen its capability to support vegetation if sufficient graded areas are not immediately available for redistribution. Areas of surplus soil materials may be identified for use in future reclamation.

(B) Topsoil to be salvaged shall be removed before any drilling for blasting, mining, spoil or other surface disturbance.

(1) All topsoil shall be removed and if the topsoil is less than six inches, a six-inch layer that includes the topsoil and the unconsolidated materials immediately below the "A" horizon shall be removed and segregated for resoiling, unless an alternative material is approved by the chief in accordance with paragraph (B)(3) of this rule.

(2) Where necessary to obtain soil productivity consistent with postmining land use, the chief may require that the subsoil be segregated and replaced prior to the redistribution of the topsoil.

(3) Alternative resoiling materials may be used instead of, or as a supplement to, topsoil where the resulting soil medium is equal to or more suitable for vegetation or if the topsoil is of insufficient quantity or quality for sustaining vegetation and if all the following requirements are met:

(a) The applicant or permittee demonstrates that the alternative resoiling materials, or an overburden topsoil mixture is more suitable for restoring land capability and productivity by the results of chemical and physical analyses. These analyses shall include determinations of pH, per cent organic material, phosphorus, potassium, and texture class, and such other analyses as required by the chief. The chief may require the results of field-site trials or greenhouse tests be used to demonstrate the feasibility of using such alternative resoiling;

(b) The chemical and physical analysis and the results of field-site trials and greenhouse tests are accompanied by a certification from a qualified soil scientist or agronomist; and

(c) If alternative resoiling materials are used, such materials are removed, segregated, and replaced in conformance with this rule.

(4) If there is insufficient topsoil on the permit area, the applicant or permittee shall:

(a) Identify the alternative resoiling materials to be used for resoiling;

(b) Submit the results of the analysis required by paragraph (B)(3)(a) of this rule;

(c) Submit certification by a qualified soil scientist or agronomist that the alternative resoiling materials are suitable for establishing the permanent vegetative species proposed by the applicant in the mining and reclamation plan; and

(d) If alternative resoiling materials are to be used, submit a plan, where appropriate, for the removal, segregation, and replacement of such materials.

(5) Limits on topsoil removal area. Where the removal of vegetation materials, topsoil, or other materials may result in erosion which may cause air or water pollution:

(a) The size of the area from which topsoil is removed at any one time shall be limited;

(b) The surface soil layer shall be redistributed at a time when the physical and chemical properties of topsoil can be protected and erosion can be minimized; and

(c) Such other measures shall be taken as the chief may approve or require to control erosion.

(6) The chief may choose not to require the removal of topsoil for minor disturbances which:

(a) Occur at the site of small structures, such as power poles, signs, or fence lines; or

(b) Will not destroy the existing vegetation and will not cause erosion.

(C) Final grading and replacement of topsoil. Final grading shall follow the completion of backfilling and rough grading within a time that will allow replacement of topsoil or approved resoiling materials to begin and be completed during either the current normal period for favorable planting or at the start of the first appropriate normal period for favorable planting following final grading, whichever occurs first. After final grading and before the topsoil or approved alternative resoiling materials are replaced, regraded land shall be scarified or otherwise treated to eliminate slippage surfaces and to promote root penetration. Resoiling shall begin, continue reasonably uninterrupted, and be completed prior to the end of the normal period for favorable planting unless the permittee receives an extension of the time limit because of climatic conditions in accordance with paragraph (D) of this rule. Topsoil or approved alternative resoiling materials shall be redistributed in a manner that:

(1) Achieves an approximately uniform, stable thickness when consistent with the postmining land use, contours, and surface-water drainage systems. Soil thickness may also be varied to the extent such variations help meet the specific revegetation goals identified in the permit;

(2) Prevents excess compaction of the spoil and topsoil; and

(3) Protects from wind and water erosion before and after seeding and planting.

(D) If resoiling and protection of that resoiling cannot reasonably be done within a prescribed time limit because of climatic conditions existing at that time of the year, the permittee may apply to the chief for an extension of the time limit and the chief shall not issue a notice under paragraph (A) of rule 1501:13-7-06 of the Administrative Code during such time extension.

(E) If the permit allows storage of topsoil or approved alternative resoiling materials, such materials shall be placed on a stable area within the permit area where it will not be disturbed or exposed to excessive water, wind erosion, unnecessary compaction and contamination by undesirable materials. Stockpiled materials shall be protected from wind and water erosion, unnecessary compaction, and contaminants either by: an effective cover of non-noxious, quick-growing annual and perennial plants, seeded or planted during the first normal period after removal for favorable planting conditions; or other methods demonstrated and approved by the chief to provide equal protection. Unless approved by the chief, stockpiled topsoil or approved alternative resoiling materials shall not be moved until required for redistribution on a disturbed area.

(F) Nutrients and soil amendments in the amounts and analysis as determined by soil tests taken in accordance with agronomically acceptable practices shall be applied to the surface soil layer so that it will support the postmining requirements of rule 1501:13-9-17 of the Administrative Code and the revegetation requirements of rule 1501:13-9-15 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-15

(A) Definitions.

(1) "Countable tree" means a tree or shrub that:

(a) Is in place for at least two years;

(b) Is alive and healthy;

(c) Has at least one-third of its length in live crown, with green foliage during its growing season, and is not diseased or insect-infested; and

(d) Has a root crown or root sprouts over one foot in height. Root crowns or root sprouts over one foot in height shall count as one towards meeting the stocking requirements. Where multiple stems occur, only the tallest stem will be counted.

(2) "Ground cover" means the area of ground covered by the aerial parts of perennial and biennial vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.

(3) "Herbaceous species" means grasses and non-woody legumes.

(4) "Woody plants" means woody shrubs, trees, and vines.

(B) General requirements. The permittee shall establish on regraded areas and on all other disturbed areas except water areas and the surface areas of roads that are approved as part of the postmining land use, and other small incidental areas where revegetation would conflict with the postmining land use and no environmental harm would result, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is:

(1) Diverse, effective, and permanent;

(2) Comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the chief;

(3) At least equal in extent of cover to the natural vegetation of the area; and

(4) Capable of stabilizing the soil surface from erosion.

(C) Use of native and introduced species.

(1) The reestablished plant species shall:

(a) Be compatible with the approved postmining land use;

(b) Have the same seasonal characteristics of growth as the original vegetation;

(c) Be capable of self-regeneration and plant succession;

(d) Be compatible with the plant and animal species of the area; and

(e) Meet the requirements of applicable state and federal seed, poisonous and noxious plant, and introduced species laws or regulations.

(2) The chief may grant exceptions to the requirements of paragraphs (C)(1)(b) and (C)(1)(c) of this rule when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.

(3) When the chief approves a cropland postmining land use, the chief may grant exception to the requirements of paragraphs (B)(1), (B)(3), (C)(1)(b) and (C)(1)(c) of this rule. The requirements of rule 1501:13-13-03 of the Administrative Code apply to areas identified as prime farmland.

(D) Time of revegetation. Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after replacement of the topsoil or topsoil substitute. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, any disturbed areas shall be seeded and planted as contemporaneously as practicable after the completion of backfilling, grading, and topsoiling with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.

(E) Mulching and other soil stabilizing practices.

(1) Suitable mulch and/or other stabilizing practices shall be used on all areas that have been regraded and resoiled in order to control erosion, promote germination of seeds, or increase the moisture-retention capacity of the soil. The chief may suspend the requirements for mulch if the permittee can demonstrate that:

(a) Seasonal, soil, or slope factors result in a condition for which mulch and other soil-stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetative cover; and

(b) Alternative procedures will achieve the revegetation success standards of this rule for the approved postmining land use and will not cause or contribute to air or water pollution.

(2) Annual grasses and grains may be used alone as natural mulch, or in conjunction with another mulch, when the chief determines that they will provide adequate soil erosion control and cover and will later be replaced by perennial species approved for the postmining land use.

(3) Chemical soil stabilizers alone, or in combination with appropriate mulches, may be used in conjunction with vegetative covers approved for the postmining land use.

(F) General requirements for measuring success of revegetation.

(1) Success standards will differ depending on the approved postmining use of an area. In all revegetation efforts, the general requirements of this rule shall be met and the success of revegetation shall be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of cover compared to the cover occurring in natural vegetation of the area, and the requirements of paragraphs (B) and (C) of this rule. Statistically valid sampling techniques for measuring success of ground cover, production, or stocking for final performance security release shall be specified in guidelines for evaluating revegetation success compiled by the chief. The statistical sampling techniques shall use a ninety per cent confidence interval (i.e., one-sided test with a 0.10 alpha error).

(2) Except as provided in paragraph (F)(2)(a) of this rule the period of extended responsibility for revegetation success under the performance security requirement shall continue for not less than five full years.

(a) On lands eligible for remining included in permits issued pursuant to the requirements of rule 1501:13-4-12 of the Administrative Code and renewals thereof, the period of extended responsibility for revegetation success under the performance security requirement shall continue for not less than two full years.

(3) Except as provided in paragraph (F)(3)(a) of this rule, the period of extended responsibility shall begin on the date of the last augmented seeding, fertilizing, planting or other work necessary to ensure successful vegetation. The date of this last seeding, fertilizing, planting or other work shall be the same date that is recorded in the planting report required in paragraph (P) of this rule.

(a) For row crops planted on areas to be used for agricultural cropland, including prime farmland, the period of extended responsibility for revegetation shall commence on the date on which the initial planting of the crop has been completed. Promptly thereafter, the chief shall inspect the area to verify that the initial planting has been completed.

(4) The following practices will not be considered augmentative when the practice and the rate of application is an accepted local practice for comparable unmined lands that can be expected to continue as a postmining practice:

(a) Seeding, applying soil amendments, and irrigating to maintain productivity, as recommended by or as specified in technical guidelines published by the Ohio state university cooperative extension service as normal practices on cropland, pasture land or grazing land;

(b) Limited repair of rills and gullies. The chief will classify instances of rill and gully erosion repair as either limited or extensive, based on the extent of repairs needed and the cause of the erosion. The chief will consider extensive repairs to be augmentative;

(c) Reseeding and adding soil amendments when necessary to repair damage to land and/or established permanent vegetation that is unavoidably disturbed in order to meet the reclamation standards of this chapter, provided that:

(i) The damage is not caused by a lack of planning, design, or implementation of the mining and reclamation plan, inappropriate reclamation practices on the part of the permittee, or the lack of established permanent vegetation; and

(ii) The total acreage of repaired areas under paragraphs (F)(4)(b) and (F) (4)(c) of this rule does not exceed ten per cent of the total land affected, with no individual area exceeding three acres;

(d) Replanting of trees as a reinforcement measure on areas for which the approved planting plan requires woody vegetation; and

(e) Reseeding of legumes within three years after the initial planting where the legumes are expected to be present at the end of the period of extended responsibility.

(5) Reseeding of areas that have been unavoidably disturbed in the course of gaining access for removal of structures that are part of the sediment control system or initial seeding of areas upon which the sediment control system was located and subsequently removed will not restart the period of extended responsibility for revegetation success.

(6) For the purposes of paragraphs (F)(4)(c) and (F)(5) of this rule, permanent vegetation that is established or reestablished on these areas must have been seeded a minimum of twelve months prior to the request for phase III performance security release unless the chief determines the extent of the area of repair was limited in size and the permittee remains in compliance with paragraph (G)(3)(b) of this rule.

(G) Revegetation success standards for pasture or grazing land.

(1) Species diversity, seasonal variety and regenerative capacity of the vegetation of the revegetated area shall be evaluated on the basis of the results which could reasonably be expected using the revegetation methods described in the reclamation plan.

(2) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, are established and the area has sufficient ground cover to control erosion. As used in this paragraph, "established" means that individual plants have matured to the point that they are deriving their nourishment from the soil instead of from stored food in the seed. Development of secondary leaves is considered an indication that a plant is established.

(3) Revegetation shall be determined to be successful for a phase III performance security release when:

(a) The period of extended responsibility has expired and the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, equal or exceed the county average yield for hay for any two years of the period of extended responsibility except the first year; and

(b) For the last year of the period of extended responsibility and one additional year, except the first year, the ground cover shall equal or exceed ninety per cent and no single area with less than thirty per cent cover shall exceed the lesser of three thousand square feet or 0.3 per cent of the land affected.

(H) Revegetation success standards for areas to be used for agricultural cropland, other than prime farmland.

(1) Revegetation shall be determined to be successful for a reclamation phase approval or a phase II performance security release for row and hay crops when the species planted in accordance with the approved reclamation plan meet, at a minimum, the ground-cover standards of paragraph (G)(2) of this rule.

(2) Revegetation shall be determined to be successful for a phase III performance security release for row and hay crops when:

(a) The period of extended responsibility has expired and the yield data of crop harvest on the mined area for any two years of the period of extended responsibility, except the first year, equals or exceeds the average county yield for comparable crops and hay crops; and

(b) The vegetation meets, at a minimum, the ground cover standards of paragraph (G)(3)(b) of this rule during the last year of the period of extended responsibility.

(I) Revegetation success standards for prime farmland.

(1) The success in revegetation shall be determined on the basis of an average crop production from the reclaimed prime farmland areas compared to the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.

(2) The measurement of soil productivity shall be initiated within ten years after completion of soil replacement.

(3) The level of management applied during the measurement period shall be the same as the level of management used on nonmined prime farmland in the surrounding area.

(4) The reference crop on which restoration of soil productivity is proven shall be selected from the crops most commonly produced on the surrounding prime farmland. Where row crops are the dominant crops grown on the prime farmland in the area, the row crop requiring the greatest rooting depth shall be chosen as one of the reference crops.

(5) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release for row and hay crops when the yield data from three years of crop harvest on the mined area equals or exceeds the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.

(6) Revegetation shall be determined to be successful for a phase III performance security release for row and hay crops when the period of extended responsibility has expired and the yield data from at least three years of crop harvest on the mined area equals or exceeds the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. The same yield data that was submitted for the phase II approval or the phase II release may be submitted for the phase III release.

(7) The average crop yield for prime farmland may be adjusted, if approved by the chief with the concurrence of the U.S. natural resources conservation service, for:

(a) Disease, pest, and weather-induced seasonal variations; or

(b) Differences in specific management practices when the overall management practices of the crops being compared are equivalent.

(J) Revegetation success standards for areas for which the postmining land use is industrial, residential, or commercial use, other than commercial forest land.

(1) For areas to be developed for the intended postmining land use within two years after regrading is completed:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the species planted in accordance with the approved mining and reclamation plan provide sufficient ground cover to control erosion; and

(b) Revegetation shall be determined to be successful for a phase III performance security release in the last year of the period of extended responsibility for revegetation success when substantial construction has begun, the area not disturbed by construction activity has sufficient ground cover to control erosion and the period of extended responsibility has expired.

(2) For areas to be developed for the intended postmining land use two or more years after regrading is completed, revegetation shall meet the ground cover success standards contained in paragraph (G)(2) of this rule for reclamation phase II approval or phase II performance security release and paragraph (G)(3)(b) of this rule for phase III performance security release, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release.

(K) General requirements for woody vegetation.

(1) For areas for which the approved postmining land use requires woody plants as the primary vegetation, success of revegetation shall be determined on the basis of tree, shrub, or half-shrub stocking and ground cover to ensure that commercial tree species, non-commercial tree species, or shrubs, sufficient for adequate use of available growing space, are established after coal mining.

(2) Quality stock and proven field techniques in the science of woody revegetation on mined areas shall be employed.

(3) The chief shall determine the appropriate stocking level of trees and shrubs, the appropriate species of trees and shrubs, the appropriate herbaceous species and mixtures of herbaceous species, and the appropriate planting arrangement after consultation with and approval by the division of forestry for areas where the approved postmining land use is forest, or consultation with and approval by the division of wildlife for areas where the approved postmining land use is fish and wildlife habitat or undeveloped land.

(4) The number of stems per unit area will be used to determine the degree to which space is occupied by properly distributed acceptable trees. Volunteer stems of acceptable tree species may also be counted.

(L) Revegetation success standards for forest land, fish and wildlife habitat, or other postmining land uses that require establishment of woody vegetation.

(1) For areas where the approved postmining land use is forest or fish and wildlife habitat, revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when:

(a) There are at least six hundred trees or shrubs per acre on each acre on which trees or shrubs are to be planted; and

(b) The herbaceous ground cover provides the greater of thirty per cent cover or sufficient cover to control erosion.

(2) Revegetation shall be determined to be successful for a phase III performance security release in the last year of the period of extended responsibility for revegetation success when the period of extended responsibility has expired, the herbaceous ground cover is at least seventy per cent, and:

(a) For areas where the approved postmining land use is forest, the area has a minimum of four hundred fifty countable trees per acre, of which a minimum of seventy-five per cent are commercial tree species, and of which eighty per cent have been in place for at least three years, on each acre on which trees or shrubs are to be planted; or

(b) For areas where the approved postmining land use is fish and wildlife habitat, the area has a minimum of two hundred fifty countable trees per acre, of which eighty per cent have been in place for at least three years, on each acre on which trees or shrubs are to be planted.

(M) Revegetation success standards for undeveloped land.

(1) For areas for which the approved postmining land use is undeveloped land, success of revegetation shall be determined on the basis of ground cover and the proper planting of appropriate tree and shrub species specified in the approved planting plan. Such plans shall include tree or shrub plantings over ten to fifty per cent of the revegetated area. Planting locations shall include slopes steeper than twenty degrees and areas along drainways and permanent sources of water.

(2) In addition to meeting the general requirements for woody vegetation contained in paragraphs (K)(2) and (K)(3) of this rule, the selected tree and shrub species and herbaceous ground cover species shall have value as wildlife habitat, and the herbaceous ground cover species shall be compatible with the growth of acceptable species of trees and shrubs, as determined by the chief with consultation of the division of wildlife.

(3) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the herbaceous ground cover species are established and provide sufficient ground cover to control erosion.

(4) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired, and:

(a) Acceptable species of trees and shrubs have been properly planted and in accordance with the approved planting plan at a rate of six hundred trees or shrubs per acre on each acre on which trees or shrubs are to be planted;

(b) The herbaceous ground cover on areas not planted with trees or shrubs meets the ground cover standards of paragraph (G)(3)(b) of this rule, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release; and

(c) The herbaceous ground cover on areas on which trees or shrubs are planted is at least seventy per cent in the last year of the period of extended responsibility for revegetation success.

(N) Revegetation success standards for recreation areas.

(1) For areas where the approved postmining land use is developed recreation facilities, including but not limited to portions of parks, camps, and amusement areas where woody vegetation would be incompatible with the approved postmining land use, the area shall meet the ground cover standards of paragraph (G)(2) of this rule for reclamation phase II approval or phase II performance security release and paragraph (G)(3)(b) of this rule for phase III performance security release, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release.

(2) For areas where the approved postmining land use is recreation area with less intensive uses, such as hiking or canoeing, the area shall meet the general requirements for woody vegetation in accordance with paragraph (K) of this rule, and the revegetation success standards of paragraph (L)(1) of this rule for reclamation phase II approval or phase II performance security release and paragraph (L)(2) of this rule in the last year of the period of extended responsibility for revegetation success for phase III performance security release.

(O) Revegetation success standards on lands eligible for remining.

(1) For pasture and grazing land:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the standards of paragraph (G)(2) of this rule are met; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired and the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, have provided, during the last year of the period of extended responsibility, ground cover equal to or exceeding seventy percent cover and adequate to control erosion, with no single area with less than thirty percent cover exceeding the lesser of three thousand square feet or 0.3 per cent of the land affected.

(2) For cropland, other than prime farmland:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the standards of paragraph (G)(2) of this rule are met; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when:

(i) The period of extended responsibility has expired and the yield data of crop harvest on the mined area for any year of the period of extended responsibility, except the first year, equals or exceeds the average county yield for comparable crops and hay crops; and

(ii) The vegetation meets, at a minimum, the ground cover standards of paragraph (O)(1)(b) of this rule during the last year of the period of extended responsibility.

(3) For industrial, residential, or commercial land use, other than commercial forest land:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when vegetation meets the ground cover success standards of paragraph (G)(2) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when vegetation meets the standards of paragraph (O)(1)(b) of this rule.

(4) For forest land, fish and wildlife habitat, or other land use which requires the establishment of woody vegetation:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when vegetation meets the success standards of paragraph (L)(1) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when vegetation meets the standards of paragraph (L)(2) of this rule, except that of the minimum countable trees per acre, eighty per cent have been in place for at least two years, on each acre on which trees or shrubs are to be planted.

(5) For undeveloped land:

(a) Success of revegetation shall be determined as provided in paragraphs (M)(1), (M)(2) and (M)(3) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired and the vegetation meets the requirements of paragraph (M)(4) of this rule except that the herbaceous ground cover on areas not planted with trees or shrubs must meet the standards of paragraph (O)(1)(b) of this rule.

(6) For recreation areas:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release, for areas where herbaceous vegetation comprises the ground cover, when the standard of paragraph (G)(2) of this rule are met;

(b) Revegetation shall be determined to be successful for a phase III performance security release, for the areas listed in paragraph (O)(6)(a) of this rule, when the standards of paragraph (O)(1)(b) of this rule are met;

(c) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release, for areas which require the planting of woody vegetation as described in paragraph (N)(2) of this rule, when the standards of paragraph (L)(1) of this rule are met; and

(d) Revegetation shall be determined to be successful for a phase III performance security release for areas listed in paragraph (O)(6)(c) of this rule, when the standards of paragraph (L)(2) of this rule are met.

(P) Planting report. Upon completion of planting, the permittee shall file planting reports with the chief, on a form prescribed and furnished by the chief, providing the following information:

(1) Permit number;

(2) The type of planting or seeding, including mixtures and amounts;

(3) The date of planting, seeding, or reseeding;

(4) The area of land planted; and

(5) Such other relevant information as the chief may require.

Last updated February 27, 2023 at 9:59 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-05

Coal mining operations shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in future coal mining operations is minimized.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: October 27, 1982
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-9-09

(A) Coal mine waste. General requirements.

(1) General. All coal mine waste shall be placed in new or existing disposal areas within a permit area, which are approved by the chief for this purpose. Coal mine waste shall be placed in a controlled manner to:

(a) Minimize adverse effects of leachate and surface-water runoff on surface and ground water quality and quantity;

(b) Ensure mass stability and prevent mass movement during and after construction;

(c) Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use;

(d) Not create a public hazard; and

(e) Prevent combustion.

(2) Coal mine waste material from operations located outside a permit area may be disposed of in the permit area only if approved by the chief. Approval shall be based upon a showing that such disposal will be in accordance with the standards of this rule.

(3) Design certification.

(a) The disposal facility shall be designed using current, prudent engineering practices and shall meet any design criteria established by the chief. An engineer experienced in the design of similar earth and waste structures shall certify the design of the disposal facility.

(b) The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5, except that a long-term static safety factor of 1.3 shall be achieved when coal mine wastes are disposed of in the mined-out area under paragraph (J)(3) of rule 1501:13-9-14 of the Administrative Code. The foundation and abutments must be stable under all conditions of construction.

(4) Foundation. Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of the foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the disposal facility.

(5) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the chief shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the chief shall be notified immediately. The chief shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(6) Disposal in excess spoil fills. Coal mine waste may be disposed of in excess spoil fills in accordance with paragraph (J) of rule 1501:13-9-07 of the Administrative Code.

(7) Underground disposal. Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the chief and MSHA under paragraph (N) of rule 1501:13-4-14 of the Administrative Code.

(B) Refuse piles. Refuse piles shall meet the requirements of paragraph (A) of this rule, the additional requirements of paragraph (B) of this rule, and the requirements of 30 C.F.R. 77.214 and 77.215.

(1) Drainage control.

(a) If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability.

(b) Uncontrolled surface drainage may not be diverted over the outslope of the refuse piles. Runoff from the areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of paragraph (F) of rule 1501:13-9-04 of the Administrative Code to pass safely the runoff from a one-hundred-year, six-hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile.

(c) Underdrains shall comply with the requirements of paragraph (F) of rule 1501:13-9-07 of the Administrative Code.

(2) Surface area stabilization. Slope protection shall be provided to minimize surface erosion. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.

(3) Placement.

(a) All vegetative and organic materials shall be removed from the disposal area prior to placement of coal mine waste. Topsoil shall be removed, segregated and stored or redistributed in accordance with rule 1501:13-9-03 of the Administrative Code. If approved by the chief, organic materials may be used as mulch, or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.

(b) The final configuration of the refuse pile shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the refuse pile if required for stability, control of erosion, conservation of soil moisture, or facilitation of the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v.

(c) No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be allowed by the chief if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile.

(d) Following final grading of the refuse pile, the coal mine waste shall be covered with a minimum of four feet of the best available nontoxic and noncombustible material, in a manner that does not impede drainage from the underdrains. The chief may allow less than four feet of cover material based on physical and chemical analyses which show that the requirements of rule 1501:13-9-15 of the Administrative Code will be met.

(4) Inspections. An engineer, or other qualified professional specialist under the direction of the engineer, shall inspect the refuse pile during construction. The engineer or specialist shall be experienced in the construction of similar earth and waste structures.

(a) Inspections by the engineer or specialist shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum:

(i) Foundation preparation including the removal of all organic material and topsoil;

(ii) Placement of underdrains and protective filter systems;

(iii) Installation of final surface drainage systems; and

(iv) The final graded and revegetated disposal area.

(b) Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or to the environment. Inspection shall continue until the refuse pile has been finally graded and revegetated or until a later time as required by the chief.

(c) The engineer shall provide a certified report to the chief promptly after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and these rules. The report shall include appearances of instability, structural weakness, and other hazardous conditions. A copy of each inspection report shall be retained at or near the minesite.

(d) The certified report required under paragraph (B)(4)(c) of this rule shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is constructed in phases, each phase shall be certified separately. The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to identify the site specifically and clearly.

(C) Impounding structures. New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of paragraph (A) of this rule and the additional requirements of paragraph (C) of this rule.

(1) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the chief that the stability of such a structure comforms to the requirements of this rule and the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the chief in accordance with paragraph (H) of rule 1501:13-4-05 or paragraph (H) of rule 1501:13-4-14 of the Administrative Code.

(2)

(a) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with the requirements for temporary impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. Such structures may not permanently retain the ability to impound as part of the approved postmining land use.

(b) If an impounding structure constructed of coal mine waste or intended to impound coal mine waste meets the criteria of 30 C.F.R. 77.216(a), the combination of principal and emergency spillways shall be able to pass safely the probable maximum precipitation of a six-hour precipitation event, or greater event as specified by the chief.

(3) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.

(4) Drainage control. Runoff from areas above the disposal facility or runoff from surface of the facility that may cause instability or erosion on the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of paragraph (F) of rule 1501:13-9-04 of the Administrative Code and designed to pass safely the runoff from a one-hundred-year, six-hour design precipitation event.

(5) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least ninety per cent of the water stored during the design precipitation event can be removed within a ten-day period. Within ten days following the occurrence of the design precipitation event, ninety per cent of the water shall be removed.

(D) Burning and burned waste utilization.

(1) Coal mine waste fires shall be extinguished by the person who conducts the coal mining operations, in accordance with a plan approved by the chief and MSHA. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the permittee, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.

(2) No burning or burned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the chief. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.

(E) Disposal of noncoal mine wastes.

(1) Noncoal mine wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustible materials generated during coal mining operations shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, that fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.

(2) Final disposal of noncoal mine wastes, as described in paragraph (E)(1) of this rule, shall be in a designated disposal site in the permit area or a state-approved solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and wind-borne waste. When the disposal is completed, a minimum of two feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with rule 1501:13-9-15 of the Administrative Code. Operation of the disposal site shall be conducted in accordance with all local, state, and federal requirements.

(3) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall an excavation for a noncoal mine waste disposal site be located within eight feet of any coal outcrop or coal storage area.

(4) Notwithstanding any other provision in these rules, any noncoal mine waste defined as "hazardous" under section 3001 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended) and 40 CFR part 261 shall be handled in accordance with the requirements of Subtitle C of RCRA (42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq. as amended) and 40 CFR parts 260 to 270.

(F) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-14

(A) In order to achieve the approximate original contour, the operator shall, as provided by this rule, transport, backfill, compact where advisable to ensure stability or to prevent leaching of toxic materials, and grade all spoil material to eliminate all highwalls, spoil piles, and depressions. Where highwalls are reduced by blasting, all of the provisions of this rule will apply. Small depressions may be left if compatible with the future land use and comply with the requirements of this rule. Cut and fill terraces may be used only in those situations expressly identified in this rule. The postmining graded slopes must approximate the premining natural slopes in the area in accordance with paragraphs (B) and (C)(1) of this rule, except as provided under paragraph (L) of this rule.

(B) Slope measurements.

(1) To determine the natural slopes of the area before mining, representative slopes must be accurately measured and recorded.

(a) Each slope measurement shall be taken along the prevailing slope extending one hundred linear feet above and below or beyond the coal outcrop or the area to be disturbed, or, where this is impractical, at locations specified by the chief.

(b) Where the area has been previously mined, the measurements shall be representative of the premining configuration of the land.

(c) Slope measurements shall take into account natural variations in slope so as to provide accurate representation of the range of natural slopes and shall reflect geomorphic differences of the area to be disturbed.

(2) After the disturbed area has been graded, the final graded slopes shall be measured, comparing the premining slope measurements as shown on the application map.

(3) Slope measurements shall be subject to a five-degree tolerance unless otherwise specified by the chief, provided that this tolerance does not conflict with the approved postmining land use.

(C) Final graded slopes.

(1) The final graded slopes shall not exceed either the approximate premining slopes as determined according to paragraph (B) of this rule and approved by the chief or any lesser slope specified by the chief based on consideration of soil, climate, or other characteristics of the surrounding area. Proof of a minimum long-term static safety factor of 1.3 for the final slopes may be required by the chief. Final graded slopes shall not exceed the angle of repose or such lesser slope as is necessary to achieve this minimum long-term static safety factor and to prevent slides. Postmining final graded slopes need not be uniform.

(2) On approval by the chief and in order to conserve soil moisture, ensure stability, and control erosion on final grade slopes, cut and fill terraces may be allowed if the terraces are compatible with the postmining land use approved under rule 1501:13-9-17 of the Administrative Code, and are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces shall meet the following requirements:

(a) The design and construction is to be certified by an engineer;

(b) The slope of the terrace outslope shall not exceed fifty per cent; and

(c) No highwalls may be left.

(3) All operations on natural slopes of more than twenty degrees or on such lesser slopes as the chief defines as a steep slope shall meet the provisions of rule 1501:13-13-05 of the Administrative Code.

(D) Spoil, except excess spoil disposed of in accordance with rule 1501:13-9-07 of the Administrative Code, shall be returned to the mined-out area or used in accordance with paragraph (E) of this rule for blending to restore approximate original contour.

(E) Blending of spoil. Spoil may be placed on the area outside the mined-out area in nonsteep slope areas within the limits of the approximate original contour by blending the spoil into the surrounding terrain provided all the following requirements are met:

(1) All vegetative and organic material shall be removed from the area;

(2) The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with rule 1501:13-9-03 of the Administrative Code; and

(3) The spoil area shall be backfilled and graded on the area in accordance with the requirements of this rule.

(F) Mountaintop removal. The requirements of this paragraph and of rule 1501:13-13-04 of the Administrative Code shall apply to coal mining operations which remove entire coal seams in the upper part of a mountain, ridge, or hill by removing all of the overburden. Final graded top plateau slopes on the mined area shall be less than twenty per cent so as to create a level plateau or gently rolling configuration and the outslopes of the plateau shall not exceed fifty per cent or such lesser slopes as the chief shall prescribe. Although the area need not be restored to approximate original contour, all highwalls, spoil piles, and depressions except as provided in paragraphs (G) and (H) of this rule shall be eliminated. All mountaintop removal operations shall, in addition, meet the provisions of rule 1501:13-13-04 of the Administrative Code.

(G) Small depressions. The requirement of this rule to achieve the approximate original contour does not prohibit construction of small depressions if they are approved by the chief to minimize erosion, conserve soil moisture, promote revegetation, or enhance fish and wildlife. These depressions shall be compatible with the approved postmining land use and shall not be inappropriate substitutes for construction of lower grades on the reclaimed lands. The total surface area and the holding capacity of the depression shall be approved by the chief. Permanent impoundments shall be governed by paragraph (H) of this rule and by rule 1501:13-9-04 of the Administrative Code.

(H) Permanent impoundments. Permanent impoundments may be retained in mined and reclaimed areas provided all highwalls are eliminated by grading to appropriate contour and the provisions for postmining land use pursuant to rule 1501:13-9-17 of the Administrative Code and protection of the hydrologic balance pursuant to rule 1501:13-9-04 of the Administrative Code are met. No impoundments shall be constructed on top of areas in which excess spoil is deposited pursuant to rule 1501:13-9-07 of the Administrative Code.

(I) Regrading or stabilizing rills and gullies. Rills and gullies which form in regraded, topsoiled areas shall be filled, regraded or otherwise stabilized and have the topsoil replaced and the areas reseeded or replanted, when the rills and gullies either:

(1) Disrupt the approved postmining land use or the reestablishment of the vegetative cover; or

(2) Cause or contribute to a violation of water quality standards.

(J) Covering or otherwise treating coal and acid-forming, toxic-forming, combustible, and other waste materials; stabilizing backfilled materials; and using waste material for fill.

(1) Covering all exposed coal seams remaining after mining. Any acid-forming, toxic-forming or combustible materials, or any other waste materials exposed, used, or produced from a coal mining operation shall be:

(a) Placed in such a manner so as to:

(i) Isolate said materials to minimize contact with water;

(ii) Prevent combustion; and

(iii) Prevent adverse effects on plant growth and land use;

(b) Placed in such a manner so as not to be in proximity to a drainage course; and

(c) Covered with four feet of nontoxic and noncombustible material or treated to a nontoxic and noncombustible state. The chief may allow less than four feet of cover material based on physical and chemical analyses which show the requirements of rule 1501:13-9-15 of the Administrative Code will be met.

(2) Stabilization. Backfilled materials shall be selectively placed and compacted wherever necessary to prevent leaching of acid- or toxic-forming materials into surface or subsurface waters in accordance with rule 1501:13-9-04 of the Administrative Code and wherever necessary to ensure the stability of the backfilled materials. The method of compacting material and the design specifications shall be approved by the chief before the acid- or toxic-forming materials are covered.

(3) Use of waste materials as fill. Coal mine wastes may be disposed of in the mined-out area only if disposed of in accordance with paragraphs (A) and (B) of rule 1501:13-9-09 of the Administrative Code, except that a long-term static safety factor of 1.3 shall be achieved.

(K) Grading along the contour. All final grading, preparation of overburden before replacement of topsoil, and placement of topsoil in accordance with rule 1501:13-9-03 of the Administrative Code, shall be done along the contour to minimize subsequent erosion and instability. If such grading, preparation or placement along the contour would be hazardous to equipment operators, then grading, preparation, or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation, or placement shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.

(L) The postmining slope may vary from the approximate original contour when approval is obtained from the chief for:

(1) Mountaintop removal operations in accordance with paragraph (C) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of paragraph (F) of this rule and of rule 1501:13-13-04 of the Administrative Code are met;

(2) A variance from approximate original contour requirements in accordance with paragraph (E) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of rule 1501:13-13-05 of the Administrative Code are met; or

(3) Incomplete elimination of highwalls in previously mined areas in accordance with paragraph (K) of rule 1501:13-4-12 of the Administrative Code, provided the following performance standards are met. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

(a) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the highwall. The area of reasonably available spoil shall be included within the permit area;

(b) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability;

(c) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the chief, that the highwall remnant is stable;

(d) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment; and

(e) For auger mining operations, the following additional requirements shall be met:

(i) The coal seam mined shall be covered with a minimum of four feet of nonacid-, nontoxic-forming material; and

(ii) The person who conducts the auger mining operation shall demonstrate to the chief that the backfill, designed by an engineer, has a minimum static safety factor for the stability of the backfill of at least 1.3.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-9-04

(A) General. Mining shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance in both the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the requirements of mining and reclamation rules. The chief may require additional preventive, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.

(B) Water quality standards and effluent limitations.

(1) All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area until vegetation is established, at which time vegetation of the area may be the best technology currently available, provided that drainage from the area:

(a) Meets effluent limitations; and

(b) Does not contribute suspended solids to streamflow.

(2) Sedimentation ponds and other treatment facilities shall be maintained until the quality of the untreated drainage from the disturbed area meets the applicable state and federal water quality standard requirements.

(3) The chief may grant exemptions from the requirements of paragraph (B)(1) of this rule only when:

(a) The chief determines that the disturbed drainage area relative to the total disturbed area is small;

(b) Alternative sediment control measures are provided, if required by the chief; and

(c) The operator demonstrates that the drainage from the disturbed area will meet the effluent limitations of mining and reclamation rules.

(4) For the purposes of this rule only, "disturbed area" shall not include those areas in which only diversion ditches, sedimentation ponds, or roads are installed in accordance with this rule and rule 1501:13-10-01 of the Administrative Code and the upstream area is not otherwise disturbed by the person who conducts coal mining operations.

(5) Before mining commences in any watershed:

(a) A proper sediment control system including sedimentation ponds, diversions, and other treatment methods shall be constructed; and

(b) Upon completion of construction, this sediment control system shall be certified by an engineer or jointly by an engineer and a surveyor, to the extent such joint certification is required or permitted by the chief, as meeting the dimensions and design criteria set forth in the engineering plans, drawings, and design details submitted as part of the application for a permit.

(6) Point source discharge of water from areas disturbed by coal mining operations shall be made in compliance with effluent limitations of all applicable federal and state laws and regulations. All other surface drainage shall not cause additional contributions of suspended solids to streamflows.

(7) Where the sedimentation pond or series of sedimentation ponds is used so as to result in the mixing of drainage from the disturbed areas with drainage from other areas not disturbed by current surface coal mining and reclamation operations, the permittee shall achieve the effluent limitations for all of the mixed drainage when it leaves the permit area.

(C) All facilities utilized by an operator to achieve compliance with federal and state water quality laws shall be properly installed, maintained and operated so that they will perform the functions for which they were designed, and shall be removed in accordance with this rule when no longer needed, unless they have been approved as part of the postmining land use.

(D) Sediment control measures.

(1) The purpose of this rule is to meet the applicable state and federal effluent limitations by means of a combination of sediment control measures which, taken together, comprise a complete sediment control system.

(2) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:

(a) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;

(b) Meet the more stringent of applicable state or federal effluent limitation; and

(c) Minimize erosion to the extent possible.

(3) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to:

(a) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling and grading, and prompt revegetation as required in rule 1501:13-9-15 of the Administrative Code.

(b) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of rule 1501:13-9-14 of the Administrative Code;

(c) Retaining sediment within disturbed areas;

(d) Diverting runoff away from disturbed areas;

(e) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;

(f) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and

(g) Treating with chemicals.

(E) Stream buffer zones.

(1) No land within one hundred feet, measured horizontally, of a perennial or intermittent stream shall be disturbed unless the chief specifically authorizes coal mining operations closer to or through such a stream. The chief may authorize such operations only upon making a finding under both paragraphs (E)(1)(a) and (E)(1)(b) of this rule or under paragraph (E)(1)(c) of this rule:

(a) The operations will not cause or contribute to the violation of applicable state or federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(b) If there will be a temporary or permanent stream channel diversion, it will comply with paragraph (F) of this rule; or

(c) If restoration of a stream or a portion of a stream on the permit area is not possible, restoration off the permit area by means of mitigation has been approved by the chief under rule 1501:13-13-08 of the Administrative Code.

(2) The area not to be disturbed shall be described as a buffer zone, and the operator shall mark it as specified by paragraph (E) of rule 1501:13-9-01 of the Administrative Code.

(F) Diversions.

(1) General requirements.

(a) With the approval of the chief, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of paragraph (G) of this rule for siltation structure removal, may be diverted away from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the chief under paragraph (Q) of this rule.

(b) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to:

(i) Be stable;

(ii) Provide protection against flooding and resultant damage to life and property;

(iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and

(iv) Comply with all applicable local, state, and federal laws and regulations.

(c) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with these rules. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.

(d) The chief may specify design criteria for diversions to meet the requirements of this rule.

(2) Diversion of perennial and intermittent streams.

(a) Diversion of perennial and intermittent streams within the permit area may be approved by the chief after making the finding relating to stream buffer zones that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream.

(b) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a ten-year, six hour precipitation event for a temporary diversion and a one-hundred-year, six hour precipitation event for a permanent diversion.

(d) A permanent stream-channel diversion or a stream channel restored after the completion of mining shall be designed and constructed using natural channel design techniques so as to restore or approximate the premining characteristics of the original stream channel, including the natural riparian vegetation and the natural hydrological characteristics of the original stream, to promote the recovery and enhancement of the aquatic habitat and to minimize adverse alteration of stream channels on and off the site, including channel deepening or enlargement, to the extent possible.

(e) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by an engineer as meeting the performance standards of Chapter 1501:13-9 of the Administrative Code and any design criteria set by the chief.

(3) Diversion of miscellaneous flows.

(a) Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the chief. Miscellaneous flows shall include ground-water discharges and ephemeral streams.

(b) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in paragraph (F)(1) of this rule.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a two-year, six hour precipitation event for a temporary diversion and a ten-year, six hour precipitation event for a permanent diversion.

(G) Siltation structures.

(1) Definitions. For the purposes of this rule only:

(a) "Siltation structure" means a sedimentation pond, a series of sedimentation ponds, or other treatment facility;

(b) "Disturbed" area shall not include those areas:

(i) In which the only surface mining operations include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with mining and reclamation rules; and

(ii) For which the upstream area is not otherwise disturbed by the operator; and

(c) "Other treatment facility" means any chemical treatment, such as flocculation, or mechanical structure, such as a clarifier, that has a point-source discharge and that is utilized to prevent additional contribution of suspended solids to streamflow or runoff outside the permit area.

(2) General requirements.

(a) Additional contributions of suspended solids to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.

(b) All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (B)(3) or (G)(2)(e) of this rule.

(c) Siltation structures for an area shall be constructed before beginning any surface mining operations in that area and, upon construction, shall be certified by an engineer as being constructed as designed and as approved in the reclamation plan.

(d) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with paragraph (H) of this rule.

(e) Siltation structures shall be maintained until removal is authorized by the chief and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than two years after the last augmented seeding, unless, after vegetation is established, the operator demonstrates and the chief approves under paragraph (E)(1)(g) of rule 1501:13-4-05 or paragraph (E)(1)(f) of rule 1501:13-4-14 of the Administrative Code alternative methods of sediment control as the best technology currently available.

(f) When a siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and rule 1501:13-9-15 of the Administrative Code.

(3) Sedimentation ponds.

(a) When used, sedimentation ponds shall:

(i) Be used individually or in series;

(ii) Be located as near as possible to the disturbed area and out of perennial streams unless approved by the chief; and

(iii) Be designed, constructed, and maintained to:

(a) Provide adequate sediment storage volume;

(b) Provide adequate detention time to allow the effluent from the ponds to meet state and federal effluent limitations;

(c) Contain or treat the ten-year twenty-four hour precipitation event ("design event") unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and on a demonstration by the operator that the effluent limitations of this rule will be met;

(d) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraph (G)(3)(a)(iii)(b) of this rule;

(e) Minimize, to the extent possible, short circuiting;

(f) Provide periodic sediment removal sufficient to maintain adequate volume for the design event;

(g) Ensure against excessive settlement;

(h) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal-mine waste; and

(i) Be compacted properly.

(4) Other treatment facilities.

(a) Other treatment facilities shall be designed to treat the ten-year, twenty-four-hour precipitation event unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and a demonstration by the operator that the effluent limitations of this rule will be met.

(b) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph (G)(3) of this rule.

(H) Impoundments.

(1) General requirements. The requirements of paragraph (H)(1) of this rule apply to both temporary and permanent impoundments.

(a) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S. department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, (which is hereby incorporated by reference) shall comply with the design and construction requirements of paragraph (H) of this rule and either paragraphs (H)(1) and (H)(2) of rule 1501:13-4-05 or paragraphs (H)(1) and (H)(2) of rule 1501:13-4-14 of the Administrative Code. Copies of technical release TR-210-60 may be obtained from the "USDA Natural Resources Conservation Service eDirectives" webpage, https://directives.sc.egov.usda.gov/. Copies can be inspected at the division of mineral resources management headquarters office at 2045 Morse road, building H, Columbus, Ohio 43229.

(b) Design certification. The design of impoundments shall be certified in accordance with rule 1501:13-4-05 or 1501:13-4-14 of the Administrative Code as designed to meet the requirements of this rule using current, prudent, engineering practices and any design criteria established by the chief.

(c) Stability.

(i) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.

(ii) Impoundments not meeting the criteria of paragraph (H)(1)(c)(i) of this rule, except for coal mine waste impounding structures, shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions or be designed in accordance with paragraph (H)(2)(c) of rule 1501:13-4-05 or paragraph (H)(2)(c) of rule 1501:13-4-14 of the Administrative Code.

(d) Freeboard. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall comply with the freeboard hydrograph criteria in "Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria" in technical release TR-210-60.

(e) Foundation.

(i) Foundation and abutments for the impounding structure shall be designed to be stable under all conditions of construction and operation of the impoundment. For impoundments meeting the size or other criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60, sufficient foundation investigations as well as any necessary laboratory testing shall be performed in order to determine the design requirements for foundation stability.

(ii) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.

(f) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.

(g) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.

(h)

(i) An impoundment meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a one-hundred-year, six-hour precipitation event, or greater event as specified by the chief.

(ii) An impoundment not meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a twenty-five-year, six-hour precipitation event, or greater event as specified by the chief.

(iii) An impoundment meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass the design precipitation event using the auxiliary spillway hydrograph criteria in "Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria" in technical release TR-210-60, or greater event specified by the chief.

(iv) Impoundments may use a single open-channel spillway designed and constructed according to paragraph (H)(1)(h)(i), (H)(1)(h)(ii), or (H)(1)(h)(iii) of this rule if the spillway:

(a) Is of nonerodible construction and designed to carry sustained flows; or

(b) Is earth- or grass-lined and designed to carry short-term infrequent flows at nonerosive velocities where sustained flows are not expected.

(i) The vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of highwall to provide adequate safety and access for the proposed water users. For permanent impoundments, the vertical portion of the remaining highwall shall also meet the requirements of paragraph (H)(2)(d) of this rule.

(j) Inspections. An engineer or other qualified professional specialist, under the direction of the engineer, shall inspect the impoundment. The engineer or specialist shall be experienced in the construction of impoundments.

(i) Inspections shall be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance security.

(ii) The engineer shall promptly, after each inspection, provide to the chief a certified report that the impoundment has been constructed and maintained as designed in accordance with the approved plan and these rules. The report shall include discussion of any appearances of instability, structural weakness or other hazardous conditions, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation and any other aspects of the structure affecting stability.

(iii) A copy of the report shall be retained at or near the minesite.

(k) Impoundments meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 or subject to 30 C.F.R. 77.216 must be examined in accordance with 30 C.F.R. 77.216-3. Other impoundments shall be examined for appearance of structural weakness and other hazardous conditions at least quarterly by a qualified person designated by the operator.

(l) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the chief of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the chief shall be notified immediately. The chief shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(2) Permanent impoundments. A permanent impoundment of water may be created if authorized by the chief in the approved permit based upon the following demonstration:

(a) The size and configuration of such impoundment will be adequate for its intended purposes;

(b) The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet applicable state and federal water quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable state and federal water quality standards;

(c) The water level will be sufficiently stable and be capable of supporting the intended use;

(d) Final grading will provide for adequate safety and access for proposed water users. For impoundments where the vertical portion of a highwall remains, the vertical portion shall be located at least eight feet below the low-water line;

(e) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses;

(f) The impoundment will be suitable for the approved postmining land use;

(g) The reduced portion of any highwall shall have a final slope appropriate for the postmining land use and shall have a minimum static safety factor of 1.3; and

(h) The face of the reduced portion of any highwall shall be vegetated with species appropriate for the postmining land use.

(3) Temporary impoundments. The chief may authorize the construction of temporary impoundments as part of a mining operation.

(4) Sumps.

(a) Definitions. "Sump" means an excavated temporary impoundment:

(i) Used as:

(a) A secondary structure which discharges into a sedimentation pond, provided the sedimentation pond, in combination with the sump and any other sediment control measures used, achieves the applicable state and federal effluent limitations; or

(b) A primary structure to control the runoff from roads or small drainage exemption areas provided by paragraph (B)(3) of this rule; and

(ii) That has a volume which is compatible with its role within the complete sediment control system.

(b) Sumps are exempt from the requirements of paragraphs (H)(1) to (H)(3) of this rule.

(c) Sump designs shall include size and spillway information and shall address the stability of the structure with respect to public health and safety.

(d) Sumps shall be constructed and maintained to prevent, to the extent possible, additional contributions of suspended solids to runoff outside the permit area.

(e) Before a sump becomes full of sediment, the sediment shall be removed, and the original sump capacity restored.

(I) Discharge structures. Discharges from sedimentation ponds, permanent and temporary impoundments, mine waste disposal areas, and diversions shall be controlled by energy dissipators, riprap channels, and other devices where necessary to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbances to the hydrologic balance. Discharge structures shall be designed according to standard engineering design procedures.

(J) Acid-forming and toxic-forming spoil. Drainage from acid-forming and toxic-forming mine waste materials and spoils into ground and surface water shall be avoided by:

(1) Identifying, burying, and treating where necessary spoil or other materials that, in the judgment of the chief, may be detrimental to vegetation or may adversely affect water quality if not treated or buried;

(2) Preventing water from coming into contact with acid-forming and toxic-forming materials in accordance with paragraph (J) of rule 1501:13-9-14 of the Administrative Code, and other measures as required by the chief; and

(3) Burying or otherwise treating all acid-forming or toxic-forming spoil within thirty days after it is first exposed on the mine site, or within a lesser period designated by the chief. Temporary storage of the spoil may be approved by the chief upon finding that burial or treatment within thirty days is not feasible and will not result in any material risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water.

(K) Ground-water protection.

(1) Backfilled materials shall be placed so as to minimize contamination of ground-water systems with acid, toxic, or otherwise harmful mine drainage, minimize adverse effects of mining on ground-water systems outside the permit area, and to support approved postmining land uses.

(2) To control the effects of mine drainage, pits, cuts, and other mine excavations or disturbances shall be located, designed, constructed, and utilized in such manner as to prevent or control discharge of acid, toxic, or otherwise harmful mine drainage waters into ground-water systems and to prevent adverse impacts on such ground-water systems or on approved postmining land uses.

(L) Protection of ground-water recharge capacity. Other than underground mining operations, all coal mining operations shall be conducted in a manner that facilitates reclamation which will restore approximate premining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding coal processing waste and underground development waste disposal areas and fills, to transmit water to the ground-water system. The recharge capacity shall be restored to a condition which:

(1) Supports the approved postmining land use;

(2) Minimizes disturbances to the prevailing hydrologic balance in the permit and adjacent areas; and

(3) Provides a rate of recharge that approximates the premining recharge rate.

(M) Surface water protection. In order to protect the hydrologic balance, mining operations shall be conducted according to the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code, and the following:

(1) Surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage, prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area, and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this rule, then the operator shall use and maintain the necessary water-treatment facilities or water quality controls.

(2) Surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(N) Surface and ground-water monitoring.

(1) Ground-water monitoring.

(a) Surface mining operators shall monitor ground-water levels and the quality of ground water at least quarterly or more frequently as prescribed by the chief, in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-05 of the Administrative Code, to determine the effects of the coal mining operations on the recharge capacity of reclaimed lands and on the quality and quantity of water in ground-water systems in the permit and adjacent areas.

(i) Monitoring shall include measurements from a sufficient number of wells and springs that are adequate to reflect changes in ground-water quality and quantity resulting from those operations.

(ii) Monitoring shall be adequate to plan for modification of coal mining operations, if necessary, to minimize disturbance of the prevailing hydrologic balance.

(iii) As specified and approved by the chief, the person who conducts surface mining operations shall conduct additional hydrologic tests, including drilling, infiltration tests, and aquifer tests and shall submit the results to the chief, to demonstrate compliance with paragraphs (K) to (N) of this rule.

(b) Underground mining operators shall monitor, at least quarterly or more frequently as prescribed by the chief, the quality and quantity of ground water in the permit and adjacent areas in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-14 of the Administrative Code. Monitoring of an area shall begin one year before the area is mined, shall continue during mining, and shall continue for at least one year after the area is mined, unless the chief determines that monitoring for a shorter period will allow accurate assessment of the impacts on the ground water of the area.

(c) Ground-water monitoring shall result in quarterly or more frequent reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation shall be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(2) Surface-water monitoring.

(a) All surface and underground mining operators shall monitor pond discharges for the national pollutant discharge elimination system (NPDES) permit quarterly in accordance with the monitoring plan submitted under either paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality of the discharges from the permit area;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition or applicable standard within five days of receipt of such results. If there is a failure to comply with an effluent limitation set forth in a NPDES permit, the person who conducts coal mining operations shall forward the analytical results concurrently with the written notice of non-compliance; and

(iii) Result in quarterly reports to the chief submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(b) The chief may require additional surface-water monitoring to be conducted quarterly on the permit or adjacent areas in accordance with the monitoring plans submitted under paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. The chief shall determine the nature of the data and reporting requirements. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition within five days of receipt of such results; and

(iii) Result in quarterly reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(3) Duration of and modifications to monitoring.

(a) Monitoring for ground water and surface water shall be conducted throughout mining and reclamation until final performance security release unless the chief determines, pursuant to paragraph (N)(3)(b)(ii) of this rule, that monitoring is no longer necessary.

(b) Any modification of the monitoring requirements of paragraph (N) of this rule, including the parameters covered and the sampling frequency, shall be made by means of a permit revision pursuant to paragraph (E) of rule 1501:13-4-06 of the Administrative Code. A permit revision may be obtained pursuant to this paragraph if the operator demonstrates, using the monitoring data of this rule, that:

(i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area, water quantity and quality are suitable to support approved postmining land uses, and the water rights of other users have been protected or replaced; or

(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under paragraph (F) of rule 1501:13-4-05 or paragraph (F) of rule 1501:13-4-14 of the Administrative Code.

(O) Transfer of wells. Before final release of performance security, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with rule 1501:13-9-02 of the Administrative Code. With the prior approval of the chief, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with state and local law and the permittee shall remain responsible for the proper management of the well in accordance with rule 1501:13-9-02 of the Administrative Code until performance security release.

(P) Water rights and replacement.

(1) Any person who conducts coal mining operations shall:

(a) Replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been affected by contamination, diminution, or interruption proximately resulting from the coal mining operations; and

(b) Reimburse the owner for the reasonable cost of obtaining a water supply from the time of the contamination, diminution or interruption by the operation until the water supply is replaced.

(2) The hydrologic information required in paragraphs (B) to (G) of rule 1501:13-4-04 or paragraphs (B) to (G) of rule 1501:13-4-13 of the Administrative Code shall, at a minimum, be used to determine the extent of the impact of mining on ground and surface water.

(Q) Discharge of water into underground mines.

(1) Discharges into an underground mine are prohibited, unless specifically approved by the chief after a demonstration that the discharge will:

(a) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from surface mining operations;

(b) Not result in a violation of applicable water quality standards or effluent limitations;

(c) Be at a known rate and quality which shall meet the effluent limitations of this rule for pH and total suspended solids, except that the pH and total suspended solids limitations may be exceeded, if approved by the chief; and

(d) Meet with the approval of MSHA.

(2) Discharges shall be limited to the following:

(a) Water;

(b) Coal processing waste;

(c) Fly ash from a coal-fired facility;

(d) Sludge from an acid-mine-drainage treatment facility;

(e) Flue-gas desulfurization sludge;

(f) Inert material used for stabilizing underground mines; and

(g) Underground mine development wastes.

(R) Postmining rehabilitation of sedimentation ponds, diversions, impoundments and treatment facilities. Before abandoning a permit area or seeking performance security release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of these rules for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structure if necessary to meet requirements of these rules and to conform to the approved reclamation plan.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:04 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-08

(A) General requirements for surface mining operations. No surface mining operations shall be conducted closer than five hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that:

(1) The nature, timing, and sequence of the operations that propose to mine closer than five hundred feet to an active underground mine are jointly approved by the chief and MSHA; and

(2) The operations result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.

(B) General requirements for underground mining operations. No underground mining operations shall be conducted closer than two hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that:

(1) The nature, timing, and sequence of the operations that propose to mine closer than two hundred feet to an active underground mine are jointly approved by the chief and MSHA; and

(2) The operations result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.

(C) General requirements for coal exploration drilling. No coal exploration drilling shall be conducted closer than two hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that the nature, timing, and sequence of coal exploration drilling closer than two hundred feet to an active underground mine are jointly approved by the chief and MSHA.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-10-01

(A) Road classification system.

(1) Each road shall be classified as either a primary road or a secondary road.

(2) A "primary road" is any road which is:

(a) Used for transporting coal or spoil;

(b) Frequently used for access or other purposes for a period in excess of six months; or

(c) To be retained for an approved postmining land use.

(3) A "secondary road" is any road not classified as a primary road.

(B) Performance standards. Primary and secondary roads shall be located, designed, constructed, reconstructed, used, maintained and reclaimed so as to:

(1) Control or prevent erosion, siltation and the air pollution attendant to erosion, including road dust as well as dust occurring on other exposed surfaces, by measures such as vegetating or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices;

(2) Control or prevent damage to fish, wildlife, or their habitat and related environmental values;

(3) Control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;

(4) Neither cause nor contribute to, directly or indirectly, the violation of state or federal water quality standards applicable to receiving waters;

(5) Minimize the diminution to or degradation of the quality or quantity of surface- and ground-water systems;

(6) Refrain from significantly altering the normal flow of water in streambeds or drainage channels;

(7) Prevent or control damage to public or private property; and

(8) Use nonacid- or nontoxic-forming substances in road surfacing.

(C) Design and construction limits and establishment of design criteria. To ensure environmental protection and safety appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, culvert size, and any necessary design criteria established by the chief.

(D) Location.

(1) No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the chief in accordance with paragraphs (A), (B), (E), (F), (J), (K) and (M) of rule 1501:13-9-04 of the Administrative Code.

(2) Roads shall be located to minimize downstream sedimentation and flooding.

(E) Maintenance.

(1) A road shall be maintained throughout the life of the permit to meet the performance standards of this rule and any additional criteria specified by the chief.

(2) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as practical after the damage has occurred.

(F) Reclamation. A road not to be retained for use under an approved postmining land use shall be reclaimed immediately after it is no longer needed for mining and reclamation operations, including:

(1) Closing the road to traffic;

(2) Removing all bridges and culverts;

(3) Restoring the natural drainage patterns;

(4) Reshaping all cut and fill slopes to be compatible with the postmining land use and to complement the drainage pattern of the surrounding terrain;

(5) Scarifying or ripping the road bed, replacing topsoil and revegetating disturbed surfaces in accordance with rules 1501:13-9-03 and 1501:13-9-15 of the Administrative Code; and

(6) Removing or otherwise disposing of road-surfacing materials that interfere with the postmining land use.

(G) Primary roads. In addition to paragraphs (A) to (F) of this rule, primary roads shall meet the requirements of paragraph (G) of this rule.

(1) Certification.

(a) The plans and drawings of primary roads shall be prepared by, or under the direction of, an engineer, and shall be certified by an engineer, or jointly by an engineer and a surveyor to the extent such joint certification is permitted by state law, as meeting: the requirements of Chapters 1501:13-1 to 1501:13-14 of the Administrative Code; current, prudent engineering practices; and any design criteria established by the chief.

(b) The construction or reconstruction of primary roads shall be certified in a report to the chief by an engineer or a surveyor, or jointly by an engineer and a surveyor to the extent required by state law, as having been completed as designed and in accordance with the approved plan.

(2)

(a) Location. To minimize erosion, a primary road is to be located, insofar as practical, on the most stable available surfaces.

(b) Stream fords by primary roads are prohibited unless they are specifically approved by the chief as temporary routes during periods of construction.

(3) Stability. Each primary road embankment shall have a minimum static safety factor of 1.3 or be designed in accordance with paragraph (M)(2) of rule 1501:13-4-05 or paragraph (L)(2) of rule 1501:13-4-14 of the Administrative Code.

(4) Drainage control.

(a) Each primary road shall be designed, constructed or reconstructed, and maintained to have adequate drainage control, using structures such as, but not limited to, bridges, ditches, cross drains, and ditch relief drains. The drainage control system shall be designed to pass the peak runoff safely from a ten-year, six-hour precipitation event or greater event, as specified by the chief.

(b) Drainage pipes and culverts shall be constructed to avoid plugging or collapse and erosion at inlets and outlets.

(c) Drainage ditches shall be designed to prevent uncontrolled drainage over the road surface and embankment. Trash racks and debris basins shall be installed in the drainage ditches where debris from the drainage area may impair the functions of drainage and sediment control structures.

(d) Culverts shall be designed, installed, and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road.

(e) Natural stream channels shall not be altered or relocated without the prior approval of the chief in accordance with rule 1501:13-9-04 of the Administrative Code.

(f) Except as provided in paragraph (G)(2)(b) of this rule, drainage structures for stream channel crossings shall be made using bridges, culverts or other structures designed, constructed, and maintained using current, prudent engineering practices.

(5) Surfacing. Primary roads shall be surfaced with rock, crushed gravel, asphalt, or other material approved by the chief as being sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road.

(6) Maintenance. Routine maintenance of primary roads shall include repairs to the road surface, blading, filling potholes and adding replacement gravel or asphalt. It shall also include revegtation, brush removal, and minor reconstruction of road segments as necessary.

Last updated February 27, 2023 at 10:00 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-07

(A) The objective of this rule is to ensure mass stability and protection from erosion and minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters, using current, recognized engineering standards and practices as evaluated and approved by the chief.

(B) Design certification. The fill and appurtenant structures shall be designed using current, prudent engineering practices and shall meet the design criteria established in this rule. An engineer experienced in the design of earth and rock fills shall certify the design of the fill and appurtenant structures.

(C) Location. If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the chief, the spoil could be placed in compliance with the requirements of Chapter 1513. of the Revised Code and these rules, and shall be placed, where possible, upon, or above, a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement.

(D) Foundation.

(1) The foundation and abutments of the fill must be stable under all conditions of construction.

(2) Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, as deemed needed by the certifying engineer, shall be performed in order to determine the design requirements for foundation stability. The analyses of foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the fill and appurtenant structures. The chief may require additional foundation investigations and laboratory testing.

(3) Where the slope along the profile in the disposal area is in excess of 2.8h:1v, keyway cuts or rock toe buttresses shall be constructed to ensure stability of the fill. Where the toe of the spoil rests on a downslope in excess of 2.8h:1v, stability analyses shall be performed in accordance with paragraph (N)(3) of rule 1501:13-4-05 or paragraph (P)(3) of rule 1501:13-4-14 of the Administrative Code to determine the size of rock toe buttresses and keyway cuts.

(E) Placement of excess spoil.

(1) All vegetative and organic materials shall be removed from the disposal area prior to placement of the excess spoil. Topsoil shall be removed, segregated, and stored or redistributed in accordance with rule 1501:13-9-03 of the Administrative Code. If approved by the chief, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil.

(2) All backfilling and grading requirements shall be met by placements of spoil. Face slopes shall not exceed 2h:1v. The grade of the outslope between terrace benches shall not be steeper than 2h:1v.

(3)

(a) Excess spoil shall be:

(i) Transported and placed in a controlled manner in horizontal lifts not exceeding four feet in thickness;

(ii) Concurrently compacted as necessary to ensure mass stability and to prevent mass movement during and after construction;

(iii) Graded so that surface and subsurface drainage is compatible with natural surroundings; and

(iv) Covered with topsoil or substitute material in accordance with rule 1501:13-9-03 of the Administrative Code.

(b) The chief may approve a design which incorporates placement of excess spoil in horizontal lifts other than four feet in thickness when it is demonstrated by the operator and certified by an engineer that the design will ensure the stability of the fill and will meet all other applicable requirements.

(4) The fill shall be designed to attain a minimum long-term static safety factor of 1.5.

(5) The final configuration of the fill shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the fill if required for stability, control of erosion, to conserve soil moisture, or to facilitate the approved postmining land use.

(6) No permanent impoundments shall be allowed on the completed fill. Small depressions may be allowed by the chief if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and are not incompatible with stability of the fill.

(7) Excess spoil that is acid- or toxic-forming or combustible shall be disposed of in accordance with paragraph (J) of rule 1501:13-9-04 of the Administrative Code.

(F) Drainage control.

(1) If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability.

(2) Diversions shall comply with the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code.

(3) Underdrains shall consist of durable rock or pipe and be designed and constructed using current, prudent engineering practices. The underdrain system shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and shall be protected from piping and contamination by an adequate filter. Rock underdrains shall be constructed of durable, nonacid- and nontoxic-forming rock such as natural sand and gravel, sandstone or limestone, that does not slake in water or degrade to soil material, and that is free of coal, clay, or other nondurable material. Perforated pipe underdrains shall be corrosion-resistant and shall have characteristics consistent with the long-term life of the fill.

(G) Surface area stabilization. Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.

(H) Excess spoil may be used outside the permit area to reclaim unreclaimed mined lands adjacent to the permit area under a reclamation contract executed pursuant to section 1513.27 or 1513.37 of the Revised Code, provided that:

(1) If the unreclaimed lands are abandoned mined lands, they are eligible for reclamation under section 1513.27 or 1513.37 of the Revised Code;

(2) The excess spoil is placed in an environmentally and technically sound manner and will constitute sound engineering practices; and

(3) The excess spoil is placed where it will not destroy or degrade features of environmental value.

(I) Inspections. An engineer, or other qualified professional specialist under the direction of the engineer, shall periodically inspect the fill during construction. The engineer or specialist shall be experienced in the construction of earth and rock fills.

(1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum:

(a) Foundation preparation, including the removal of organic material and topsoil;

(b) Placement of underdrains and protective filter systems;

(c) Installation of final surface drainage systems; and

(d) The final graded and revegetated fill.

(2) Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of fill materials.

(3) The engineer shall provide a certified report to the chief promptly after each inspection certifying that the fill has been constructed and maintained as designed and in accordance with the approved plan, Chapter 1513. of the Revised Code and these rules. Each report shall include appearances of instability, structural weakness, and other hazardous conditions. The report after inspection of the final graded and revegetated fill shall certify, in addition, that the fill is expected to remain stable with the required safety factor.

(4) Photographs.

(a) The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is constructed in phases, each phase shall be certified separately.

(b) When excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, in accordance with paragraph (N) of this rule, color photographs shall be taken of the underdrain as the underdrain system is being formed.

(c) The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to identify the site specifically and clearly.

(5) A copy of each inspection report shall be retained at or near the mine site.

(J) Coal mine waste. Coal mine waste may be disposed of in excess spoil fills if approved by the chief and if such waste is:

(1) Placed in accordance with rule 1501:13-9-09 of the Administrative Code;

(2) Nontoxic- and nonacid-forming; and

(3) Of the proper characteristics to be consistent with the design stability of the fill.

(K) Underground disposal. Excess spoil may be disposed of in underground mine workings, but only in accordance with a plan approved by the chief and MSHA under paragraphs (N) and (O) of rule 1501:13-4-14 of the Administrative Code.

(L) Valley fills and head-of-hollow fills. Valley fills and head-of-hollow fills shall meet the requirements of paragraphs (A) to (J) of this rule and the additional requirements of paragraph (L) of this rule.

(1) Drainage control.

(a) The top surface of the completed fill shall be graded so that the final slope after settlement will be toward properly designed drainage channels. Uncontrolled surface drainage may not be directed over the outslope of the fill.

(b) Runoff from areas above the fill and runoff from the surface of the fill shall be diverted into stabilized diversion channels designed to meet the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code and, in addition, to pass safely the runoff from a one-hundred-year, six-hour precipitation event.

(2) Rock-core chimney drains. A rock-core chimney drain may be used in a head-of-hollow fill, instead of the underdrain and surface diversion system normally required, as long as the fill is not located in an area containing intermittent or perennial streams. A rock-core chimney drain may be used in a valley fill if the fill does not exceed two hundred fifty thousand cubic yards of material and upstream drainage is diverted around the fill. The alternative rock-core chimney drain system shall be incorporated into the design and construction of the fill as follows:

(a) The fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of durable rock at least sixteen feet thick, which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. The underdrain system and rock core shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of paragraph (F)(3) of this rule.

(b) A filter system to ensure the proper long-term functioning of the rock core shall be designed and constructed using current, prudent engineering practices.

(c) Grading may drain surface water away from the outslope of the fill and toward the rock core. In no case, however, may intermittent or perennial streams be diverted into the rock core. The maximum slope of the top of the fill shall be 33h:1v. A drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential capacity for impounding more than ten thousand cubic feet of water. Terraces on the fill shall be graded with a one per cent slope toward the rock core.

(M) Durable rock fills. The chief may approve an alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met:

(1) Except as provided in paragraph (M) of this rule, the requirements of paragraphs (A) to (J) of this rule are met;

(2) The excess spoil consists of at least eighty per cent, by volume, durable, nonacid- and nontoxic-forming rock such as natural sand and gravel, sandstone or limestone, that does not slake in water or degrade to soil material, and that is free of coal, clay, or other nondurable material. Where used, noncemented clay shale, clay spoil, soil or other nondurable excess spoil materials shall be mixed with excess durable rock spoil in a controlled manner so that no more than twenty per cent of the fill volume, as determined by tests performed by an engineer and approved by the chief, is not durable rock;

(3) An engineer certifies that the design will ensure the stability of the fill and meet all other applicable requirements;

(4) The fill is designed to attain a minimum long-term static safety factor of 1.5 and an earthquake safety factor of 1.1;

(5) The underdrain system may be constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, provided the resulting underdrain system is capable of carrying anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and the other requirements for drainage control are met; and

(6) Surface water runoff from areas adjacent to and above the fill is not allowed to flow onto the fill and is diverted into stabilized diversion channels designed to meet the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code and to safely pass the runoff from a one-hundred-year, six-hour precipitation event.

(N) Preexisting benches. The chief may approve the disposal of excess spoil through placement on preexisting benches, provided that the following conditions are met:

(1) Except as provided in paragraph (N) of this rule, the requirements of paragraphs (A), (B), and (E) to (J) of this rule are met;

(2) Excess spoil shall be placed only on the solid portion of the preexisting bench;

(3) The fill shall be designed, using current, prudent engineering practices, to attain a long-term static safety factor of 1.3 for all portions of the fill;

(4) The preexisting bench shall be backfilled and graded to:

(a) Achieve the most moderate slope possible which does not exceed the angle of repose; and

(b) Eliminate the highwall to the maximum extent technically practical; and

(5) Disposal of excess spoil from an upper actively mined bench to a lower preexisting bench by means of gravity transport may be approved by the chief provided that:

(a) The gravity transport courses are determined on a site-specific basis by the operator as part of the permit application and approved by the chief to minimize hazards to health and safety and to ensure that damage will be minimized between benches, outside the set course, and downslope of the lower bench should excess spoil accidentally move;

(b) All gravity-transported excess spoil, including that excess spoil immediately below the gravity transport courses and any preexisting spoil that is disturbed, is rehandled and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and to prevent mass movement, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and to ensure a minimum long-term static safety factor of 1.3. Excess spoil on the bench prior to the current mining operation that is not disturbed need not be rehandled except where necessary to ensure stability of the fill;

(c) A safety berm is constructed on the solid portion of the lower bench prior to gravity transport of the excess spoil. Where there is insufficient material on the lower bench to construct a safety berm, only that amount of excess spoil necessary for the construction of the berm may be gravity-transported to the lower bench prior to construction of the berm; and

(d) Excess spoil shall not be allowed on the downslope below the upper bench except on designated gravity transport courses which have been properly prepared according to rules 1501:13-9-03 and 1501:13-9-14 of the Administrative Code. Upon completion of the fill, no excess spoil shall be allowed to remain on the designated gravity transport course between the two benches and each transport course shall be reclaimed in accordance with the requirements of these rules.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-11

(A) Any person conducting coal mining operations shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of such resources where practicable.

(B)

(1) No coal mining operation shall be conducted which:

(a) Is likely to jeopardize the continued existence of endangered or threatened species listed by the United States secretary of the interior;

(b) Is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.); or

(c) Will result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs.

(2) A person who conducts coal mining operations shall promptly report to the chief the presence in the permit area of any critical habitat of a threatened or endangered species listed by the United States secretary of the interior, any plant or animal listed by the state as threatened or endangered, or any bald or golden eagle nest, of which that person becomes aware and which was not previously reported to the chief by that person. Upon notification the chief shall consult with appropriate state and federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed.

(3) Nothing in these rules shall authorize the taking of an endangered or threatened species or a bald or golden eagle, its nest, or any of its eggs in violation of the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq., or the Bald and Golden Eagle Protection Act, as amended, 16 U.S.C. 668 et seq.

(C) Each person who conducts coal mining operations shall:

(1) Avoid disturbances to, enhance where practicable, restore, or replace, wetlands, and riparian vegetation along rivers and streams and bordering ponds and lakes;

(2) Avoid disturbances to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife;

(3) Afford protection to aquatic communities by avoiding stream channels as required by paragraph (E) of rule 1501:13-9-04 of the Administrative Code or restoring stream channels as required in paragraph (F) of rule 1501:13-9-04 of the Administrative Code;

(4) To the extent possible prevent, control, and suppress range, forest, and coal fires which are not approved by the chief as part of a management plan;

(5) If fish and wildlife habitat is to be a postmining land use, the operator shall in addition to the requirements of rule 1501:13-9-17 of the Administrative Code:

(a) Select plant species to be used on reclaimed areas, based on the following criteria:

(i) Their proven nutritional value for fish and wildlife;

(ii) Their uses as cover for fish and wildlife; and

(iii) Their ability to support and enhance fish and wildlife habitat after release of performance security; and

(b) Distribute plant groupings to maximize benefit to fish and wildlife. Plants should be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits for fish and wildlife;

(6) Where cropland, grazingland, or pastureland is to be the postmining land use, and where appropriate for wildlife and crop management practices, intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals. Wetlands shall be preserved or created rather than drained or otherwise permanently abolished. When practical and consistent with these rules, ponds shall be designed and built as permanent ponds in order to enhance fish and wildlife habitat;

(7) Where undeveloped land use or fish and wildlife habitat is to be the postmining land use, and as appropriate for wildlife and other management practices, preserve or create rather than drain or permanently abolish wetlands. When practical and consistent with these rules, ponds shall be designed and built as permanent ponds in order to enhance fish and wildlife habitat; and

(8) Where the primary land use is to be residential, public service, or industrial land use, intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs and trees useful as food and cover for birds and small animals, unless such greenbelts are inconsistent with the approved postmining land use.

(D) Each operator shall, to the extent possible using the best technology currently available:

(1) Ensure that electric powerlines and other transmission facilities used for, and incidental to, mining operations on the permit area are designed and constructed to minimize electrocution hazards to raptors unless the chief determines such requirements are unnecessary;

(2) Locate and operate haul and access roads so as to minimize impacts to important fish and wildlife species or other species protected by state or federal law; and

(3) Fence, cover or use other appropriate methods to exclude wildlife from ponds that contain hazardous concentrations of toxic-forming materials.

(E) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-07

(A) An application for a permit shall contain a certificate issued by an insurance company authorized to do business in this state certifying that the applicant has a public liability insurance policy in force for those coal mining and reclamation operations for which the permit is sought, or a notarized certification acknowledging that a current proof of liability insurance and rider required by paragraph (B)(3) of this rule is part of the central file for identity information authorized by paragraph (J) of rule 1501:13-4-03 of the Administrative Code, or evidence that the applicant has satisfied other state self-insurance requirements or, for reclamation operations, evidence that an agent performing reclamation for the applicant has a public liability insurance policy.

(B) The public liability insurance policy shall:

(1) Be in effect during the term of the permit or any renewal, including the length of all reclamation operations;

(2) Provide for personal injury and property damage protection in amounts adequate to compensate any persons injured or property damaged as a result of coal mining and reclamation operations, including the use of explosives. The minimum insurance coverage for bodily injury and property damage shall be three hundred thousand dollars for each occurrence and five hundred thousand dollars in the aggregate; and

(3) Include a rider requiring that the insurer notify the chief whenever substantive changes are made in the policy, including any termination or failure to renew.

Last updated February 27, 2023 at 9:49 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-14

(A) Operation plan: general requirements.

(1) This rule shall apply only to underground mining operations.

(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine including:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code and is approved by the chief):

(i) Dams, embankments, and other impoundments;

(ii) Overburden and topsoil handling and storage areas and structures;

(iii) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(iv) Spoil, coal processing, waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;

(v) Mine facilities; and

(vi) Water and air pollution control facilities.

(3) Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in the detail necessary for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(B) Operation plan: existing structures.

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal mining and reclamation operation. The description shall include:

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) A showing, including relevant monitoring data or other evidence, of whether the structure meets the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal mining and reclamation operation. The compliance plan shall include:

(a) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code;

(b) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(C) Operation plan: blasting. If surface blasting incident to the underground mine operation is to be conducted, the application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:

(1) Information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations;

(2) Description of any system to be used to monitor compliance with the airblast and ground vibration limits established under paragraph (C)(1) of this rule, including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring; and

(3) For blasting operations within five hundred feet of active underground mines, copies of the approvals given by the state and federal authorities concerned with the health and safety of underground miners.

(D) Reclamation plan: general requirements.

(1) Each application shall contain a plan for describing reclamation of the lands within the proposed permit area, showing how the applicant will comply with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder. The plan shall include, at a minimum, all information required under paragraphs (D) to (R) of this rule.

(2) Each plan shall contain, where appropriate, the following information for the proposed permit area:

(a) A detailed timetable for the completion of each major step in the reclamation plan;

(b) A plan for the backfilling, soil stabilization, compacting, and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with rule 1501:13-9-14 of the Administrative Code;

(c) A description of the removal, storage, and redistribution of the topsoil, subsoil, and other material to meet the requirements of rule 1501:13-9-03 of the Administrative Code. A demonstration of the suitability of topsoil substitutes or supplements under rule 1501:13-9-03 of the Administrative Code shall be based upon analysis of the thickness of soil horizons, total depth, texture, per cent coarse fragments, pH, and areal extent of the different kinds of soils. The chief may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(d) A description of the revegetation as required in rule 1501:13-9-15 of the Administrative Code, including, but not limited to, descriptions of the:

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(vi) Irrigation, if appropriate, and disease, pest and vermin control, if any; and

(vii) The measures proposed to be used to determine the success of revegetation as required under rule 1501:13-9-15 of the Administrative Code;

(e) A description of the measures to be used to maximize the use and conservation of the coal resources as required by rule 1501:13-9-05 of the Administrative Code;

(f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials and materials constituting a fire hazard are disposed of in accordance with paragraph (E) of rule 1501:13-9-09 and paragraph (J) of rule 1501:13-9-14 of the Administrative Code and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(g) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings and to plug, case or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with rule 1501:13-9-02 of the Administrative Code; and

(h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and regulations and health and safety standards.

(E) Reclamation plan: protection of hydrologic balance.

(1) Each application shall contain a plan for the protection of the hydrologic balance. The plan shall be specific to the local hydrologic conditions and shall describe the measures to be taken during and after the proposed underground mining operations in accordance with rule 1501:13-9-04 of the Administrative Code to:

(a) Minimize disturbance to the hydrologic balance within the permit and adjacent areas and to prevent material damage outside the permit area;

(b) Protect the rights of present users of surface and ground waters within the permit area and adjacent areas;

(c) Avoid acid or toxic drainage;

(d) Control surface-water drainage into, through, and out of the proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative Code;

(e) Treat, when required under these rules, surface- and ground-water drainage from the area to be disturbed by the proposed underground mining surface operations, so as not to exceed quantitative limits on pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the Administrative Code;

(f) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area. Vegetation may be determined by the chief to be the best technology currently available upon a demonstration by the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule 1501:13-9-04 of the Administrative Code have been met. If the applicant proposes to make such a demonstration after vegetation is established and remove siltation structures sooner than two years after the last augmented seeding of a drainage area, the applicant shall state such intentions in the timetable and plans for removal of sediment control structures required by paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;

(g) Address any potential adverse hydrologic consequences identified in the determination of probable hydrologic consequences under paragraph (E)(2) of this rule and include preventative and remedial measures; and

(h) Meet applicable federal and state water quality laws and regulations.

(2) Determination of probable hydrologic consequences (PHC).

(a) The plan shall include a determination of the probable hydrologic consequences of the proposed underground mining operations on the proposed permit area and adjacent areas. This determination shall be based on baseline hydrologic, geologic and other information collected for the permit application with respect to the hydrologic regime, providing information on the quantity and quality of water in surface- and ground-water systems under seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, and total manganese.

(b) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area;

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(c) Flooding or streamflow alteration;

(d) Ground-water and surface-water availability; and

(e) Other characteristics as required by the chief.

(c) An application for a permit revision shall be reviewed by the chief to determine whether a new or updated PHC determination shall be required.

(3) Each plan shall contain a detailed description, with appropriate drawings, of permanent entry seals and downslope barriers designed to ensure stability under anticipated hydraulic heads developed while promoting mine inundation after mine closure for the proposed permit area.

(F) Ground-water and surface-water monitoring plans.

(1) Ground-water monitoring plan.

(a) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (E)(1) of this rule. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, specific conductance corrected to twenty-five degrees centigrade, pH, total iron, total manganese, and water levels shall be monitored. Data resulting from monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(b) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the general area, then monitoring of that stratum may be waived by the chief.

(2) Surface-water monitoring plan.

(a) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R. part 434.

(b) The plan shall identify the surface-water quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in the permit and adjacent areas, surface-water bodies such as streams, lakes and impoundments, that are potentially affected or into which water will be discharged, and at upstream monitoring locations, the specific conductance corrected to twenty-five degrees centigrade, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.

(iii) Data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(G) Reclamation plan: postmining land uses.

(1) Each application shall contain a plan for the postmining land use. The plan shall describe the proposed use following reclamation of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use polices and plans. This description shall explain:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and

(b) When a land use different from the premining land use is proposed, all materials needed for approval of the alternatives used under these rules.

(2) The plan shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.

(3) The plan shall describe the consideration which has been given to making all of the proposed coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.

(1) General requirements.

(a) Each application shall include a detailed design plan for each proposed siltation structure, water impoundment, and coal mine waste bank, dam, or embankment within the proposed permit area. Each plan shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(b) Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (H)(1)(b) of this rule, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any design and construction requirements for the structure including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(2) Impoundments.

(a) Permanent and temporary impoundments shall be designed in compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any impoundment shall be certified by an engineer experienced in impoundment design and construction. The certification statement shall state that the structure is designed to meet the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each design plan for an impoundment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a). The plan required to be submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be submitted to the chief as part of the permit application.

(c) Impoundments not meeting the size or other criteria of paragraph (H)(1)(b) of this rule may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative Code:

(i) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(ii) If the natural slope of the foundation as measured at right angles to the embankment center line is steeper than 10h:1v (ten per cent), the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(iii) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(iv) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(v) The moisture content of the fill material shall be sufficient to secure proper compaction. (An indication of sufficient moisture content is that when kneaded by hand the soil should just form a ball which does not readily separate. The engineer may specify other methods of testing moisture content if appropriate). When it is necessary to use materials of varying texture and gradation, the more impervious material shall be placed in the upstream and center portions of the embankment and the more pervious material shall be placed in the downstream portion of the fill;

(vi) The embankment's combined upstream and downstream side slopes shall be no steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added together.); and

(vii) The minimum top width of the embankment shall be (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment.

(3) Siltation structures.

(a) Permanent and temporary siltation structures shall be designed in compliance with the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code. The design of any siltation structure shall be certified by an engineer experienced in impoundment design and construction. The certification shall state that the structure is designed to meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code.

(b) In addition to the requirements of paragraph (H)(1) of this rule, the plan shall include a determination of:

(i) The required sediment storage volume; and

(ii) The detention time provided by the pond.

(c) Each design plan for a siltation structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(4) Coal mine waste dams and embankments.

(a) Coal mine waste dams and embankments shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste dam or embankment shall be certified by an engineer experienced in design of similar earth and waste structures. The certification statement shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current, prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

(iv) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(c) Each design plan for a coal mine waste dam or embankment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(5) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions regarding impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank shall be certified by an engineer experienced in design of similar earth and waste structures. The certification shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current, prudent engineering practices.

(6) If the structure meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216 (a), or meets the significant hazard potential or high hazard potential classification (formerly called Class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(7) For further information about natural resources conservation service technical release TR-210-60, which is incorporated by reference in paragraph (H) of this rule, see paragraph (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.

(I) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.

(J) Protection of public parks and historic places.

(1) For any publicly owned parks or any places listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, that may be adversely affected by the proposed operation, each application shall describe the measures to be used:

(a) To prevent adverse impacts; or

(b) If valid existing rights exist or joint agency approval is to be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code to minimize adverse impacts. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html.

(2) The chief may require the applicant to protect historic or archeological properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (J)(1) of this rule, through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

(K) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:

(1) Conducting the proposed coal mining operation within one hundred feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or

(2) Relocating a public road.

(L) Transportation facilities.

(1) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross sections, and the following:

(a) Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

(b) A description of measures to be taken to obtain approval of the chief for alteration or relocation of a natural drainageway under rule 1501:13-10-01 of the Administrative Code;

(c) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the chief under rule 1501:13-10-01 of the Administrative Code;

(d) Drawings and specifications for each proposed ford of perennial or intermittent streams outside the mined-out area that is used as a temporary route, as necessary for approval of the ford by the chief in accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative Code; and

(e) A description of plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road embankments may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (G)(3) of rule 1501:13-10-01 of the Administrative Code:

(a) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(b) If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8h:1v, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(c) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(d) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(e) The moisture content of the fill material shall be sufficient to secure proper compaction;

(f) The side slopes of the embankment shall be no steeper than 2h:1v;

(g) Embankments with upstream and downstream slopes shall have a minimum top width of (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment;

(h) Hillside embankments shall have a minimum top width adequate for the intended use; and

(i) Culverts shall be placed such that the embankment, as defined in rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time.

(M) Subsidence control plan.

(1) The application shall include, for the shadow area, the most recent available U.S. geologic survey 7.5-minute topographic map showing:

(a) The extent of underground workings proposed for the term of the permit, including existing works that will continue to be used under the permit, all shown on a year-by-year basis;

(b) Those parts of the proposed underground workings from which there will be full coal recovery;

(c) The angle of draw for the workings described in paragraphs (M)(1)(a) and (M)(1)(b) of this rule; and

(d) Those areas in which measures will be taken to prevent or minimize subsidence and subsidence-related damage.

(2) The application shall include an inventory which shall show whether structures or renewable resource lands exist within the proposed permit and adjacent areas and whether subsidence, if it occurred, could cause material damage or diminution of the reasonably foreseeable use of such structures or renewable resource lands. If the inventory shows that no such structures or renewable resource lands exists or no such material damage or diminution could be caused in the event of mine subsidence, and if the chief agrees with such conclusion, no further information need be provided in the application under paragraphs (M)(2)(a) to (M)(2)(e) of this rule. In the event the inventory shows that such structures or renewable resource lands exist, and that subsidence could cause material damage or diminution of value or foreseeable use of such structures or renewable resource lands, or if the chief determines that such material damage or diminution could occur, the application shall include a subsidence control plan which shall contain the following information:

(a) A description of the method of coal removal, such as longwall, room-and-pillar removal, hydraulic mining, or other extraction methods, including the size, sequence, and timing for the development of underground workings;

(b) A map of the shadow area which describes the location and extent of areas in which planned-subsidence mining methods will be used and which includes all areas where the measures described in paragraphs (M)(2)(d) and (M)(2)(e) of this rule will be taken to prevent or minimize subsidence and subsidence-related damage; and, where appropriate, to correct subsidence-related material damage;

(c) A description of the physical conditions, such as depth of cover, seam thickness, and lithology, which affect the likelihood or extent of subsidence and subsidence-related damage;

(d) A description of monitoring, if any, needed to determine the commencement and degree of subsidence so that, when appropriate, other measures can be taken to prevent, reduce, or correct material damage in accordance with rule 1501:13-12-03 of the Administrative Code;

(e) Except for those areas where planned subsidence is projected to be used, a detailed description of the subsidence control measures that will be taken to prevent or minimize subsidence and subsidence-related damage, including such measures as:

(i) Backstowing or backfilling voids;

(ii) Leaving support pillars of coal;

(iii) Leaving areas in which no coal is removed, including a description of the overlying area to be protected by leaving the coal in place; and

(iv) Taking measures on the surface to prevent material damage or lessening of the value or reasonably foreseeable use of the surface;

(f) A description of the anticipated effects of planned subsidence, if any;

(g) A general description of the measures to be taken, in accordance with rule 1501:13-12-03 of the Administrative Code, to mitigate or remedy any subsidence-related damage to or diminution in value or reasonably foreseeable use of:

(i) The land; or

(ii) Structures, buildings, features, or facilities to the extent required pursuant to rule 1501:13-12-03 of the Administrative Code; and

(h) Other information required by the chief as necessary to demonstrate that the operation will be conducted in accordance with the performance standards of rule 1501:13-12-03 of the Administrative Code for subsidence control.

(N) Return of coal mine wastes to abandoned underground workings.

(1) Each application shall contain a plan for the return of coal mine wastes to abandoned underground workings. The plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the chief and MSHA under paragraph (A)(7) of rule 1501:13-9-09 of the Administrative Code.

(2) The plan shall describe the source and quality of waste to be stowed, area to be backfilled, per cent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling.

(3) The applicant shall describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime.

(4) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area.

(5) The requirements of paragraphs (N)(1) to (N)(4) of this rule shall also apply to pneumatic backfilling operations, except where the operations are exempted by the chief from requirements specifying hydrologic monitoring.

(O) Underground development waste. Each plan shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by underground mining surface operations and facilities according to rule 1501:13-9-07 of the Administrative Code. Each plan shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the structures and be prepared according to paragraph (P) of this rule.

(P) Disposal of excess spoil.

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to rule 1501:13-9-07 of the Administrative Code. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(a) The character of bedrock and any adverse geologic conditions in the disposal area;

(b) A survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;

(c) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(d) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(e) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(3) If, under paragraph (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or keyway cuts are required, the application shall include the following:

(a) The number, location, and depth of borings or test pits. The number, location, and depth shall be determined with respect to the size of the spoil disposal structure and sub-surface conditions; and

(b) Engineering specifications utilized to design the rock-toe buttresses or keyway cuts which shall be determined in accordance with paragraph (P)(2)(e) of this rule.

(Q) Air pollution control plan. For all underground mining surface operations, the application shall contain an air pollution control plan in order to address fugitive dust resulting from erosion. The plan shall include the following:

(1) An air quality monitoring program, if required by the chief, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (Q)(2) of this rule to comply with applicable federal and state air quality standards; and

(2) A plan for fugitive dust control practices.

(R) Fish and wildlife plan.

(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(a) The scope and level of detail for such information shall be determined by the chief in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (R)(2) of this rule.

(b) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary of the interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(2) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable.

(a) This description shall:

(i) Be consistent with the requirements of rule 1501:13-9-11 of the Administrative Code;

(ii) Apply, at a minimum, to species and habitats identified under paragraph (R)(1) of this rule;

(iii) Include protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(iv) Include enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(3) Fish and wildlife service review. Upon request, the chief shall provide the resource information required under paragraph (R)(1) of this rule and the protection and enhancement plan required under paragraph (R)(2) of this rule to the U.S. department of the interior, fish and wildlife service regional or field office for their review. This information shall be provided within ten days of receipt of the request from the service.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-02

(A) Performance security amount for permits for which the applicant or permittee provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code.

(1) The amount of the performance security shall be two thousand five hundred dollars per acre of land on which the permittee will conduct a coal mining and reclamation operation under the initial term of the permit as indicated in the application.

(2) A permittee's responsibility for repairing material damage and replacement of water supplies resulting from subsidence may be satisfied by liability insurance required under Chapter 1513. of the Revised Code if the liability insurance policy contains terms and conditions that specifically provide coverage for repairing material damage and replacement of water supplies resulting from subsidence.

(B) Performance security amount for permits for which the applicant or permittee provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code.

(1) The amount of performance security shall be equal to the estimated cost of reclamation, as determined by the chief under paragraph (B) of rule 1501:13-7-01 of the Administrative Code, for:

(a) The land on which the permittee will conduct a coal mining and reclamation operation under the initial term of the permit; or

(b) The incremental mining units that will be affected in the first permit year, if the permittee or applicant elects to provide performance security separately for each incremental mining unit in accordance with paragraph (A)(6)(b) of rule 1501:13-7-01 of the Administrative Code.

(2) A permittee's responsibility for repairing material damage and replacement of water supplies resulting from subsidence shall be satisfied by either of the following:

(a) The purchase prior to mining of a noncancelable premium-prepaid liability insurance policy in lieu of the permittee's performance security for subsidence damage. The insurance policy shall contain terms and conditions that specifically provide coverage for repairing material damage and replacement of water supplies resulting from subsidence; or

(b) The provision of additional performance security in the amount of the estimated cost to the division of mineral resources management to repair material damage resulting from subsidence, if the permittee will be repairing material damage, or to replace the water supplies resulting from subsidence, if the permittee will be replacing the water supplies, until the repair or replacement is completed.

(i) If repair or replacement is completed, or compensation for structures that have been damaged by subsidence is provided, by the permittee within ninety days of the occurrence of the subsidence, additional performance security is not required.

(ii) The chief may extend the ninety-day period for a period not to exceed one year if the chief determines that the permittee has demonstrated in writing that subsidence is not complete and that probable subsidence-related damage to lands or protected structures likely will continue to occur or that reasonably anticipated changes affecting the water supplies likely will occur and, as a result, the completion of repairs of subsidence-related material damage to lands or protected structures or the replacement of water supplies within ninety days of the occurrence of the subsidence would be unreasonable.

(C) Minimum amount. The amount of the performance security for coal mining and reclamation operations shall be ten thousand dollars at a minimum for the entire area under one permit and the minimum amount shall be maintained on deposit until such time as the permittee is released from all liability in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code.

(D) Period of liability

(1) Liability under a performance security or securities applicable to a permit shall continue until all reclamation and restoration work under the requirements of Chapter 1513. of the Revised Code, these rules, and the provisions of the mining and reclamation plan has been completed, the period of extended responsibility for revegetation has expired in accordance with rule 1501:13-9-15 of the Administrative Code, and the permittee is released from liability in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code.

(2) The performance security liability of the permittee shall include only those actions which the permittee is obligated to take under the permit, Chapter 1513. of the Revised Code and these rules, including completion of the reclamation plan, so that the land will be capable of supporting the postmining land use approved in the permit under rule 1501:13-9-17 of the Administrative Code.

(3) Implementation of an alternative postmining land use approved under paragraph (D) of rule 1501:13-9-17 of the Administrative Code which is beyond the control of the permittee, need not be covered by the performance security.

(E) Adjustment of amount.

(1) The chief shall adjust the amount of the estimated cost of reclamation determined under paragraph (B) of rule 1501:13-7-01 of the Administrative Code if the land that is affected by mining increases or decreases or if the cost of reclamation increases or decreases.

(2) For permits for which the permittee provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code, the chief shall adjust the amount of a permittee's performance security provided in accordance with this rule if the land that is affected by mining increases or if the cost of reclamation increases and shall allow the permittee the option of reducing the amount of performance security provided in accordance with this rule if the land that is affected by mining decreases or if the cost of reclamation decreases.

(3) The chief may review at any time during the term of the permit the estimated cost of reclamation determined under paragraph (B) of rule 1501:13-7-01 of the Administrative Code and the amount of a permittee's performance security provided in accordance with this rule to determine whether an adjustment is needed, but at a minimum the chief shall review the estimated cost of reclamation and the amount of a permittee's performance security at the following times:

(a) When a permittee files an annual report and annual map with the chief in accordance with paragraphs (A) and (B) of rule 1501:13-4-07 of the Administrative Code, a letter to the chief in accordance with paragraph (C) of rule 1501:13-4-07 of the Administrative Code, or a final report to the chief in accordance with paragraph (D) of rule 1501:13-4-07 of the Administrative Code;

(b) When a permittee files an application for revision of a permit under rule 1501:13-4-06 of the Administrative Code which contains information that affects the estimated cost of reclamation;

(c) When a permittee files an application for renewal of a permit under rule 1501:13-4-06 of the Administrative Code;

(d) When a permittee files additional performance security in accordance with paragraphs (A)(6)(c) of rule 1501:13-7-01 of the Administrative Code;

(e) When a permittee's operation advances into any succeeding incremental area or incremental mining unit, or begins any new operational stage;

(f) When any event occurs on or results from a mining and reclamation operation, including subsidence, discharges, or contamination, diminution or interruption of a water supply, that affects the estimated cost of reclamation;

(g) When the chief issues a cessation order for failure to abate a violation for non-contemporaneous reclamation under paragraph (A)(3) of rule 1501:13-14-02 of the Administrative Code; and

(h) When the chief issues a show cause order to a permittee to show cause why the performance security should not be forfeited under rule 1501:13-7-06 of the Administrative Code.

(4) The chief shall notify, in writing, persons involved in performance security coverage of any performance security adjustments. For purposes of this rule a person involved in performance security coverage shall include the permittee, the surety, and any other person with a property interest in collateral posted under these rules who has in writing to the chief requested such notification at the time the collateral is posted or the interest is acquired, whichever occurs later.

(5) The permittee may request an informal conference with the chief concerning a performance security adjustment made under paragraph (E) of this rule, and the chief shall provide such an informal conference in accordance with rule 1501:13-14-05 of the Administrative Code.

(6)

(a) If the chief increases the amount of performance security under paragraph (E) of this rule, the permittee shall provide additional performance security in an amount determined by the chief.

(b) If the chief decreases the amount of performance security under paragraph (E) of this rule, the chief shall determine the amount of the reduction of the performance security and send written notice of the amount of reduction to the permittee. The permittee may reduce the amount of the performance security in the amount determined by the chief.

(7) A permittee may request a reduction in the amount of the performance security by submitting to the chief documentation proving that the permittee's method of operation or other circumstances have changed such that the amount of the performance security provided by the permittee exceeds the estimated cost of reclamation if the reclamation would have to be performed by the division of mineral resources management in the event of forfeiture of the performance security. The chief shall examine the documentation and determine whether the permittee's performance security exceeds the estimated cost of reclamation. If the chief determines that the performance security exceeds that estimated cost, the chief shall determine the amount of the reduction of the performance security and send written notice of the amount to the permittee. The permittee may reduce the amount of the performance security in the amount determined by the chief.

(8) An adjustment in the amount of performance security under paragraph (E) of this rule shall not be considered release of performance security and is not subject to division (F) of section 1513.16 of the Revised Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-6-03

(A) General.

(1) The small operator assistance program (S.O.A.P.) governs the procedures for providing financial assistance to qualified small mine operators who request assistance under division (B)(3) of section 1513.07 of the Revised Code for:

(a) The determination of the probable hydrologic consequences of mining and reclamation under division (B)(1)(k) of section 1513.07 of the Revised Code including the engineering analyses and designs necessary for the determination;

(b) The geologic drilling and statement of the results of physical and chemical analyses of test borings or core samples required under division (B)(1)(o) of section 1513.07 of the Revised Code;

(c) The development of cross-section maps and plans required under division (B)(1)(n)(i) of section 1513.07 of the Revised Code;

(d) The collection of archaeological information required under division (B)(1)(m) of section 1513.07 of the Revised Code and any other archaeological and historical information required by the chief, and the preparation of plans necessitated thereby;

(e) Pre-blast surveys required under division (E) of section 1513.161 of the Revised Code; and

(f) The collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values required by the chief under Chapter 1513. of the Revised Code.

(2) The objective of this rule is to meet the intent of division (B)(3) of section 1513.07 of the Revised Code by providing financial assistance to qualified small operators.

(3) The chief shall provide financial assistance under division (B)(3) of section 1513.07 of the Revised Code to the extent funds are appropriated by congress specifically for this program.

(4) The chief shall:

(a) Review requests for financial assistance and determine eligible applicants;

(b) Develop and maintain a list of qualified laboratories;

(c) Select and pay laboratories, or reimburse eligible applicants for paying laboratories that have been selected by the division of mineral resources management for services rendered; and

(d) Conduct periodic on-site evaluations of the program activities with the appropriate small operator and laboratories.

(5) The chief shall develop policies and procedures for:

(a) Data acquisition, analysis and interpretation;

(b) Model contract stipulations; and

(c) Qualification of labs.

(6) The chief shall ensure that applicable equal opportunity in employment provisions are included within any contract or other procurement documents.

(B) Program services. To the extent possible with available funds, the chief shall, for eligible small operators who request financial assistance, select and pay a qualified laboratory or reimburse an eligible operator to hire a qualified laboratory selected by the division of mineral resources management to provide those services requested and eligible under paragraph (A) of this rule.

(C) Eligibility for assistance.

(1) An applicant is eligible for assistance if he or she:

(a) Intends to apply for a permit pursuant to Chapter 1513. of the Revised Code; and

(b) Establishes that his or her probable total actual and attributed annual production from all locations during any consecutive twelve-month period either during the term of his or her permit or during the first five years after issuance of his or her permit, whichever period is shorter, will not exceed three hundred thousand tons.

(2) In determining an applicant's eligibility his or her production figures will be verified by referencing production figures on file at the Ohio department of taxation and the Ohio department of natural resources. Production from the following operations shall be attributed to the permittee:

(a) The pro rata share, based upon percentage of ownership of applicant, of coal produced by operations in which the applicant owns ten per cent or more interest;

(b) The pro rata share, based upon percentage of ownership of applicant, of coal produced in other operations by persons who own ten per cent or more of the applicant's operation;

(c) All coal produced by operations owned by persons who directly or indirectly control the applicant by reason of direction of the management; and

(d) All coal produced by operations owned by members of the applicant's family and the applicant's relatives, unless it is established that there is no direct or indirect business relationship between or among them.

(3) An applicant is not eligible if he or she organizes or reorganizes his or her company solely for the purpose of obtaining assistance under this rule.

(D) Filing for assistance. Each applicant shall submit the following information to the chief:

(1) A statement of intent to file a permit application;

(2) The names, addresses and telephone numbers of:

(a) The potential permit applicant; and

(b) The potential operator if different from the applicant;

(3) The business structure of the applicant, i.e., sole proprietorship, partnership, etc.;

(4) Applicant's three most recent "out of state" permits, if any;

(5) A schedule of the estimated total production of coal from the proposed permit area and all other locations from which production is attributed to the applicant under paragraph (C) of this rule. The schedule shall include for each location:

(a) The name under which coal is or will be mined and severance tax account number of any other company from which production is attributed to the applicant;

(b) The permit number and mine safety and health administration identification number;

(c) The actual coal production for the year preceding the application for assistance and that portion of the production attributed to the applicant; and

(d) The estimated coal production for each year of the proposed permit and that portion attributed to the applicant;

(6) The federal tax identification number of the applicant;

(7) A statement of the anticipated starting and termination dates of the proposed mining operations;

(8) A description of the method of coal mining operation proposed and the number of acres to be affected by the proposed mining;

(9) A topographic map on a scale as required by rule 1501:13-4-09 of the Administrative Code which shows:

(a) The area of land to be permitted;

(b) The adjacent area;

(c) The location of any existing or proposed test borings;

(d) The location and extent of known workings of any underground mines; and

(e) Any additional information required by the chief;

(10) Copies of documents showing that:

(a) The applicant has a legal right to enter and commence mining within the permit area; and

(b) A legal right of entry has been obtained for the office of surface mining, the chief and his or her authorized representatives, and laboratory personnel to inspect the lands which may be affected to collect environmental data or install necessary instruments; and

(11) A general statement on the probable depth and thickness of the coal resource including a statement of reserves in the permit area and the method by which they were calculated.

(E) Application approval and notice.

(1) If the chief finds the applicant eligible, and he or she does not have information readily available which would preclude issuance of a permit to the applicant for mining in the area proposed, he or she shall provide for the acquisition of the necessary information by qualified laboratories to fulfill the data requirements of paragraph (F) of this rule.

(2) If the chief finds the applicant eligible, the chief shall inform the applicant in writing that the application is approved. If the chief finds the applicant ineligible, the chief shall inform the applicant in writing that the application is denied and shall state the reasons for denial.

(3) The granting of assistance under this part shall not be a factor in decisions by the chief on a subsequent permit application.

(F) Data requirements.

(1) The chief shall determine the data collection requirements for each applicant or group of applicants. Data collection and analysis may proceed concurrently with the development of mining and reclamation plans by the applicant. The data requirements will be based on:

(a) The extent of currently available hydrologic and overburden analysis data for the applicable area provided by the division of mineral resources management; and

(b) The data collection and analysis guidelines developed and provided by the chief.

(2) The data, results, analyses, and statements provided to the chief shall be sufficient to satisfy the requirements for:

(a) The determination of the probable hydrologic consequences of the mining and reclamation operations on the proposed permit area and adjacent areas, including the engineering analyses and designs necessary for the determination, shall be made by a qualified laboratory. The data for this determination shall include that information required by division (B)(1)(k) of section 1513.07 of the Revised Code and paragraph (E)(2) of rule 1501:13-4-05 or paragraph (E)(2) of rule 1501:13-4-14 of the Administrative Code;

(b) The drilling and statement, by a qualified laboratory, of the result of test borings or core samplings from the proposed permit area, including that information required by division (B)(1)(o) of section 1513.07 of the Revised Code and paragraphs (C)(2) and (C)(3) of rule 1501:13-4-04 or paragraph (C)(2) of rule 1501:13-4-13 of the Administrative Code, unless this requirement is waived as provided by division (B)(1)(o) of section 1513.07 of the Revised Code;

(c) The development of cross-section maps and plans required by division (B)(1)(n)(i) of section 1513.07 of the Revised Code and paragraph (B) of rule 1501:13-4-08 or paragraph (B) of rule 1501:13-4-08.1 of the Administrative Code;

(d) The collection of archeological information required under division (B)(1)(m) of section 1513.07 of the Revised Code and paragraph (A) of rule 1501:13-4-04 or paragraph (A) of rule 1501:13-4-13 of the Administrative Code, any other archaeological and historical information required by the chief, and the preparation of plans necessitated thereby;

(e) Pre-blast surveys required under division (E) of section 1513.161 of the Revised Code and paragraph (C) of rule 1501:13-9-06 of the Administrative Code; and

(f) The collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values required by the chief under Chapter 1513. of the Revised Code and paragraph (P) of rule 1501:13-4-05 or paragraph (R) of rule 1501:13-4-14 of the Administrative Code.

(3) Data availability. Data collected under this program shall be made available to all interested persons, except information related to the chemical and physical properties of coal. Information regarding the mineral or elemental content of the coal which is potentially toxic in the environment shall be made available. The program administrator shall develop procedures for interstate coordination and exchange of data.

(G) Qualified laboratories.

(1) General.

(a) As used in this rule, "qualified laboratory" means a designated public agency, private consulting firm, institution, or analytical laboratory which can provide services for the required determination or statement under the S.O.A.P. program.

(b) The chief shall establish a list of qualified laboratories which may be used under the procedures of this rule.

(c) Persons who desire to be included in the list of qualified laboratories shall apply to the division of mineral resources management and provide such information as is necessary to establish the qualifications required by paragraph (G)(2) of this rule.

(2) Basic qualifications.

(a) To qualify for designation, the laboratory shall demonstrate that it:

(i) Is staffed with experienced, professional or technical personnel in the fields applicable to the work to be performed;

(ii) Has adequate space for material preparation and cleaning and sterilizing equipment, and has stationary equipment, storage, and space to accommodate periods of peak work loads;

(iii) Meets the requirements for the Occupational Safety and Health Act, 29 U.S.C. 651 et seq., as amended, or the equivalent state safety and health program;

(iv) Has analytical, monitoring and measuring equipment capable of meeting applicable standards and methods;

(v) Is capable of making hydrologic field measurements and analytical laboratory determinations by acceptable hydrologic, geologic or analytical methods in accordance with the requirements of these rules. Methods or guidelines for data acquisition recommended by the chief may also be used; and

(vi) Is capable of collecting necessary field data and samples in accordance with the requirements of these rules.

(b) The qualified laboratory shall be capable of performing services for either the determination(s) or statement(s) under paragraph (F)(2) of this rule.

(3) Subcontractors. Subcontractors may be used to provide some of the required services under this rule, provided their use is identified at the time a determination is made that a firm is qualified and they meet the requirements specified by the chief.

(H) Assistance funding.

(1) Use of funds. Funds specifically authorized to cover payments for services rendered by qualified laboratories under this program shall not be used to cover state administrative costs. In addition to the basic services authorized under paragraph (A)(1) of this rule the following costs are allowed under payments to qualified laboratories or eligible small operators provided that on a case-by-case basis the information is determined necessary to complete the determination and statement required under divisions (B)(1)(k) and (B)(1)(o) of section 1513.07 of the Revised Code:

(a) Observation well drilling and development for ground water monitoring;

(b) Water availability information;

(c) Soils information;

(d) Land use information; and

(e) Necessary maps, charts and diagrams.

(2) Allocation of funds. The chief shall, to the extent practicable, establish procedures for allocating funds to provide services for eligible small operators if available funds are less than those required to provide the services pursuant to this rule.

(I) Applicant liability.

(1) The applicant shall reimburse the division of mineral resources management for the cost of the services performed pursuant to this rule if the applicant:

(a) Submits false information;

(b) Fails to submit a permit application within one year from the date of receipt of the approved laboratory report;

(c) Fails to mine after obtaining a permit;

(d) Produces, from actual and attributed production, more than three hundred thousand tons for all locations during any consecutive twelve-month period of mining either during the term of the permit for which the assistance is provided or during the first five years after issuance of the permit, whichever is shorter; or

(e) Sells, transfers, or assigns the permit to another person and the transferee's total actual and attributed production exceeds the three-hundred-thousand-ton annual production limit during any consecutive twelve-month period of the remaining term of the permit. Under this paragraph, the applicant and its successor are jointly and severally obligated to reimburse the division of mineral resources management.

(2) The chief may waive the reimbursement obligation if he or she finds that the applicant at all times acted in good faith.

(J) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 27, 2023 at 9:48 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-07 Annual reports and maps.

Within thirty days after each anniversary date of the issuance of a coal mining and reclamation permit, the permittee shall file the following with the chief:

(A) An annual report that shall:

(1) Be on a form prescribed and provided by the chief;

(2) Include the following estimates of acreages for the permit area and, as applicable, for the incremental area or for each incremental mining unit:

(a) The number of acres affected during the mining year for which the report is being filed;

(b) The number of acres to be reclaimed that were affected during the mining year for which the report is being filed;

(c) Cumulative total of acres affected during the permit period to include the acres affected during the mining year for which the report is being filed; and

(d) The number of acres to be affected during the next year of the mining operation;

(3) Provide the following location information for each of the acreage estimates required by paragraph (A)(2) of this rule:

(a) County;

(b) Township;

(c) Township - range designation; and

(d) Section number and/or lot number;

(4) Provide the following performance security information:

(a) The total amount of performance security on file for the permit;

(b) The number of acres reported as affected and the number of acres to be affected for which performance security has not been provided; and

(c) The incremental mining units reported as affected and the incremental mining units to be affected for which performance security has not been provided; and

(5) Include the number of tons of coal produced for the permit during the mining year for which the report is filed.

(B) An annual map that shall be prepared by or under the direction of a qualified registered professional surveyor and shall, in addition to other applicable map requirements show:

(1) The boundaries of each incremental mining unit affected during the permit year for which the annual report is filed;

(2) The incremental area for the permit year for which the annual report is filed and for all preceding permit years;

(3) The perimeter of the area affected during the permit year that is to be reclaimed during the next permit year;

(4) The perimeter of the total area affected during the permit to include that area affected during the mining year for which the annual report is filed; and

(5) In table form, all of the acreages required by paragraphs (A)(2), (A)(4) and (B) of this rule, and if applicable the number of acres affected beyond the permit limits.

(C) For coal mining operations that have not had any changes in the extent of their affected area, a letter to the chief certifying that the previously submitted information adequately reflects the current operations shall satisfy the reporting requirements of this rule. The letter must state that all areas already affected will be reclaimed or reaffected.

(D) Within thirty days after the completion of mining operations on a permit, the permittee shall file with the chief a final report that includes the information required under paragraph (A) of this rule and a final map that includes the information required under paragraph (B) of this rule.

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-10

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.

View Rule Text

Last updated February 27, 2023 at 9:47 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-09

All maps and drawings required by Chapter 1513. of the Revised Code or Chapters 1501:13-1 to 1501:13-14 of the Administrative Code shall, in addition to other applicable requirements, be submitted to the division and, where the area of land to be permitted is ten acres or less, have a scale of one inch equals one hundred feet; where the area of land to be permitted is greater than ten acres but less than one hundred acres, have a scale of one inch equals two hundred feet; and where the area of land to be permitted is equal to or greater than one hundred acres, have a scale of one inch equals four hundred feet. All acreage figures required to be reported or estimated shall be to the nearest one-tenth of an acre. All annual maps, progress maps and the final map shall be at the same scale as the application map submitted for the permit.

North shall be toward the top of the map. All maps shall include the following:

(A) A location or quadrangle map placed in the upper right corner of the map, with a scale of one inch equals one mile, which shall depict:

(1) A minimum area of four miles by four miles;

(2) The site of the area of land to be permitted;

(3) State, county, township, and section lines;

(4) Federal, state, county, township, or other roads;

(5) The north arrow; and

(6) Name of the quadrangle map.

(B) A legend placed to the right side and below the location map. The legend shall indicate which map symbols from paragraph (C) of rule 1501:13-4-10 of the Administrative Code appear on the map.

(C)

(1) A notarized map certification by the qualified registered professional surveyor placed to the right side and below the map legend. The certification shall read: "I, the undersigned, hereby certify that this map is correct, and shows to the best of my knowledge and belief all the information required by Chapter 1513. of the Revised Code and rules adopted thereunder."

(2) If the map under paragraph (C)(1) of this rule has the only depiction of design elements for proposed features, the map shall also be signed and sealed by the qualified registered professional engineer who designed those elements. The certification by the engineer shall read: "I, the undersigned, hereby certify that the design elements are correctly depicted on this map."

(D) A title block placed in the lower right corner of the map containing the following information in the order listed:

(1) The title of the map describing whether it is an application map, supplemental map, hydrologic map, progress map, annual map, or final map;

(2) The name of the applicant;

(3) The township and range designation;

(4) The name of the township and county;

(5) The sections and/or lot numbers;

(6) The scale of the map;

(7) The contour interval of the map; and

(8) The date the map was prepared.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-08.1 Application, supplemental and hydrologic maps, and cross-sections, designs and plans for underground workings.

This rule applies only to underground workings.

(A) Application map. The permit application shall include an application map prepared by or under the direction of and certified by a surveyor or jointly by an engineer and a surveyor, to the extent such certification is required by state law, showing:

(1) All boundaries of land and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the proposed shadow area; noting the boundaries of land within the proposed shadow area upon which the applicant has the legal right to enter and begin coal mining operations and which areas the applicant does not yet have this right;

(2) The location of all buildings on and within one thousand feet of the proposed shadow area for full coal recovery mining operations and on and within three hundred feet of the proposed shadow area for room and pillar mining operations, with identification of the current use of the buildings using the map symbols set forth in rule 1501:13-4-10 of the Administrative Code;

(3) The location of surface and subsurface man-made features within, passing through, or passing over the proposed shadow and adjacent areas;

(4) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the chief, those surface waters which will receive discharges from the proposed shadow area and the location of any discharges to any surface body of water on or adjacent to the proposed shadow area;

(5) Each public road located within the proposed shadow and adjacent areas;

(6) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of rule 1501:13-4-13 of the Administrative Code, and known archeological sites within the proposed shadow and adjacent areas;

(7) Each cemetery that is located within the proposed shadow and adjacent areas;

(8) Any land within the proposed shadow area or adjacent area which is within the boundaries of any units of the national system of trails or the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., or study rivers or study river corridors as established in any guidelines pursuant to that act;

(9) The boundaries and names of counties, municipal corporations, townships, section and lot lines located in and within five hundred feet of the proposed shadow area;

(10) The names, locations, and directions of flow of all perennial and intermittent streams located in and within five hundred feet of the proposed shadow area;

(11) The name of the drainage basin in which the proposed shadow area is located as listed in the "Gazetteer of Ohio Streams," published by the Ohio department of natural resources;

(12) Elevations and locations of test borings and core samplings;

(13) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

(14) All coal contour lines and the strike and dip of the coal to be mined in the proposed shadow area;

(15) Location and extent of known workings of active, inactive or abandoned underground mines, including mine openings to the surface, within the proposed shadow and adjacent areas;

(16) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed shadow and adjacent areas;

(17) Location and extent of existing or previously surface-mined areas within the proposed shadow and adjacent areas;

(18) Location and extent of existing areas of waste, refuse, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed shadow and adjacent areas;

(19) Location of gas and oil wells in and within twenty-five feet of the proposed shadow area and the location of producing gas and oil wells in and within three hundred feet of the proposed shadow area;

(20) Location of water wells in the proposed shadow and adjacent areas;

(21) The location and start and end points of all submitted cross sections within the proposed shadow area;

(22) The boundaries of all areas proposed to be affected over the estimated total life of the proposed mining operation, with a description of size, sequence, and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;

(23) Buildings, utility corridors within the proposed shadow and adjacent areas;

(24) The location of each water monitoring point within the proposed shadow and adjacent areas;

(25) The location of each subsidence monitoring point within the proposed shadow area; and

(26) Other relevant information required by the chief.

(B) Supplementary maps and cross sections, designs and plans. When necessary under these rules, the application shall include:

(1) Supplementary maps and cross sections, prepared by or under the direction of and certified by an engineer or jointly by an engineer and a surveyor to the extent such joint certification is required by state law, showing the nature, depth, and thickness of the coal seams to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined; and

(2) Other relevant supplementary maps, cross sections, designs and plans required by the chief.

(C) Hydrologic map. Each application for a permit shall include a hydrologic map which, in addition to the applicable requirements of rules 1501:13-4-09 and 1501:13-4-10 of the Administrative Code, shall be at a scale of not more than five hundred feet to the inch. The hydrologic map shall be certified by a surveyor and, if required pursuant to paragraph (C) of rule 1501:13-4-09 of the Administrative Code, by an engineer. Except as provided in paragraph (D) of this rule, all hydrologic maps shall show the following:

(1) The proposed permit and shadow areas and the area within one thousand feet of the proposed shadow area for full coal recovery mining operations and within three hundred feet of the proposed shadow area for room and pillar mining operations;

(2) A line identifying the area within one thousand feet of the proposed shadow area a for full coal recovery mining operations and within three hundred feet of the proposed shadow area for room and pillar mining operations;

(3) All occupied buildings on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(4) All perennial and intermittent streams on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(5) The location of the coal outcrop on the proposed permit area and the name and number of each coal seam to be mined;

(6) The location of each cross-section drawn to show hydrogeologic information as required under paragraph (F) of this rule;

(7) The location and type of water supply used by the occupant of each building described in paragraph (C)(3) of this rule for the purpose of domestic, agricultural, or industrial use;

(8) All springs on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(9) All seepage zones on and within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(10) The location of sampling stations on each stream identified in paragraph (C)(4) of this rule at points just above and below the proposed permit area and the location and elevation of other sampling stations used to gather data on water quality and quantity in the preparation of the permit application;

(11) Location and extent of known workings of active, inactive or abandoned underground mines, including mine openings to the surface, within the proposed shadow and adjacent areas;

(12) The location of monitoring stations, other than sediment pond outlets, to be monitored during the life of the permit;

(13) All existing water wells on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations; and

(14) Any well, well field, reservoir, river, or other water source used for a public water supply on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations.

(D)

(1) For the items listed in paragraphs (C)(3), (C)(4), and (C)(7) to (C)(14) of this rule, the chief may require additional information outside the thousand-foot limit of the shadow area for full coal recovery mining operations or outside the three-hundred-foot limit of the proposed shadow area for room and pillar mining operations to be shown on the hydrologic map if such identification is necessary based on site-specific conditions.

(2) The items listed in paragraphs (C)(3), (C)(7), (C)(8), (C)(9), (C)(10), (C)(11), and (C)(13) of this rule need not be shown on the hydrologic map when:

(a) They are located beyond an intermittent or perennial stream located within one thousand feet of the proposed permit area; and

(b) The lowest coal seam to be mined is at a higher elevation than such intermittent or perennial stream.

(E) The map symbols used to identify the items described in paragraphs (C)(8) to (C)(14) of this rule shall be highlighted in red on all hydrologic maps.

(F) Hydrologic cross-section. Each application for a permit shall include one or more cross-sections prepared by, or under the direction of, an engineer or a professional geologist showing:

(1) The location and extent of subsurface water, if encountered, within the proposed shadow or adjacent areas;

(2) All wells, boreholes, piezometers, springs, or other features used to determine the configuration of the water table or potentiometric surface of each aquifer where such wells, boreholes, piezometers, springs, or other items fall on or reasonably close to the line of the cross-section;

(3) Within the proposed shadow and adjacent areas, all aquifers and the water table or potentiometric surface of each aquifer above the lowest coal seam to be mined and within the lowest coal seam to be mined if that seam is a water bearing stratum, and each potentially affected water bearing stratum below the lowest coal seam to be mined; and

(4) All coal seams to be mined.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 27, 2023 at 9:47 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-13

(A) General requirements.

(1) This rule applies only to underground mining operations.

(2)

(a) Each application shall describe and identify the nature of cultural, historic and archeological resources listed or eligible for listing on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, and known archeological sites within the proposed permit and adjacent areas. The description shall be based on all available information, including, but not limited to, information from the state historic preservation officer and from local archeological, historical, and cultural preservation agencies. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(b) The chief may require the applicant to identify and evaluate important historical and archeological resources that may be eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of this rule, through:

(i) Collection of additional information;

(ii) Conduct of field investigations; or

(iii) Other appropriate analyses.

(3) Each application shall describe and identify the lands subject to coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought.

(B) Description of hydrology and geology: general requirements.

Each application shall contain a description of surface and ground water within the permit area, adjacent area, and general area, and any water which will flow into or receive discharges of water from the permit and adjacent area. The description shall be prepared in the manner required by paragraphs (B) to (G) of this rule and conform to the following:

(1) Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the adjacent area shall be provided by the chief, to the extent that this data is available from an appropriate federal or state agency.

(2) If this information is not available from those agencies, the applicant may gather and submit this information to the chief as part of the permit application.

(3) The permit shall not be approved by the chief until this information is made available in the application.

(C) Geology description.

(1) Each application shall include geologic information in sufficient detail to assist in:

(a) Determining the probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface- and ground-water monitoring is necessary.

(b) Determining all potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined;

(c) Determining whether reclamation as required by these rules can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area; and

(d) Preparing the subsidence control plan required under paragraph (M) of rule 1501:13-4-14 of the Administrative Code.

(2)

(a) The description shall include a general statement of the geology within the proposed permit and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely affected by mining. It shall also include the areal and structural geology of the permit and adjacent areas, and the other parameters which influence the required reclamation, and shall show how the areal and structural geology may affect the occurrence, availability, movement, quantity, and quality of potentially affected surface and ground waters. It shall also be based on:

(i) The cross sections, maps and plans required by paragraph (B) of rule 1501:13-4-08 of the Administrative Code and paragraph (B) of rule 1501:13-4-08.1 of the Administrative Code;

(ii) The information obtained under paragraphs (C)(2)(c) to (C)(2)(f) of this rule; and

(iii) Geologic literature and practices.

(b) The geology for all areas proposed to be affected by underground mining surface operations, those surface lands overlying coal to be mined, and the coal to be mined shall be separately described.

Geology of all the strata to be affected by underground mining operations shall be described. The description shall include, at a minimum, the lithologic characteristics and physical and chemical properties of each stratum.

(c) For those areas to be affected by underground mining surface operations where removal of the overburden down to the level of the coal seam will occur, the geology of the strata down to and including the deeper of either the stratum immediately below any coal seam to be mined, or any aquifer below the lowest coal seam to be mined which may be adversely affected by mining shall be described. This description shall include the following data resulting from analyses of test borings or core samplings down to and including the stratum immediately below any coal seam to be mined:

(i) The location of areas where subsurface water will be exposed at the face-up area;

(ii) The logs of drill holes showing the lithologic characteristics of the strata to be affected;

(iii) The physical properties of each stratum within the overburden;

(iv) Chemical analyses of each stratum to be affected, including the stratum immediately below the lowest coal seam to be mined, to identify, at a minimum, those horizons which contain potential acid-forming, toxic-forming, or alkalinity-producing materials; and

(v) Analyses of the coal seam for acid- or toxic-forming materials, including, but not limited to, an analysis of the total sulfur and the sulfur present in pyrite, except that the chief may find that the analysis of sulfur present in pyrite is unnecessary.

(d) For lands within the permit and adjacent areas where the strata above the coal seam to be mined will not be removed, samples shall be collected and analyzed from test borings or drill cores to provide the following data:

(i) Logs of drill holes showing the lithologic characteristics, including physical properties and thickness of each stratum that may be affected and location of ground water where occurring;

(ii) Chemical analyses for acid- or toxic-forming or alkalinity-producing materials and their content in the strata immediately above and below the coal seam to be mined;

(iii) Chemical analyses of the coal seam for acid- or toxic-forming materials, including but not limited to an analysis of the total sulfur and the sulfur present in pyrite, except that the chief may find that the analysis of pyritic sulfur content is unnecessary; and

(iv) For standard room and pillar mining operations, the thickness and engineering properties of clays or soft rock such as clay shale, if any, in the stratum immediately above and below each coal seam to be mined.

(e) Each application shall contain the results from test holes bored or drilled on lands above the underground workings:

(i) At a minimum of three points, not in a straight line, spaced so as to indicate the strike and dip of the coal seam; and

(ii) At a minimum of one test hole per one hundred sixty acres.

(f) Additional test hole data or test holes may be required by the chief at specific sites when necessary to describe localized conditions or variations in geology which may affect the ability of the underground coal mining operation to be conducted in accordance with these rules.

(g) If more precise information than can be provided by drilling techniques is warranted by potentially adverse site conditions, the chief may require that the test hole information required in paragraph (C) of this rule be obtained by core drilling.

(3) Prior to submission of an application, an applicant may request that the requirements of paragraphs (C)(2)(c) to (C)(2)(e) of this rule be waived by the chief. The waiver may be granted only if the chief makes a written determination that the statement required is unnecessary because other equivalent information is accessible to him or her in a satisfactory form. If the chief grants a waiver, the waiver shall be submitted with the permit application.

(D) Ground water information.

(1) The application shall contain a description of the ground-water hydrology for the proposed permit and adjacent areas and the area above the underground workings, including, at a minimum:

(a) The depth below the surface and the horizontal extent of the water table and aquifers;

(b) The lithology and thickness of the aquifers;

(c) Known uses of the water in the aquifers and water table;

(d) The quality of subsurface water, if encountered;

(e) The depth to the water in the coal seam if the seam is a water-bearing stratum, and each water-bearing stratum above and potentially affected water-bearing stratum below the coal seam; and

(f) Additional information which describes the recharge and storage characteristics of aquifers, the approximate rate of discharge or usage, and the quality and quantity of ground water.

(2) The application shall contain a water supply inventory to include, at a minimum:

(a) A list of existing water wells on the proposed permit and adjacent areas to describe the quality and quantity of the ground water to include:

(i) The identification number of each well;

(ii) Surface elevation of the well;

(iii) Depth of the well in feet below the land surface;

(iv) Static water level of the well in feet below the land surface;

(v) The lithology of the aquifer in which each well is developed; and

(vi) Name of owner of the well;

(b) A list of existing springs on the proposed permit area and existing developed springs on the adjacent area to include:

(i) The identification number of each spring;

(ii) Name of owner of any spring that is developed for use as a water supply;

(iii) The surface elevation of the spring; and

(iv) The aquifer each spring flows from; and

(c) A list of the location and type of any public water supply sources on the permit and adjacent areas.

(3) Where information required in the water supply inventory of paragraph (D)(2) of this rule is unobtainable, a statement to that effect shall be made, giving the reasons therefor.

(4) The application shall contain the results of water quality analyses and measurements of static water level or discharge, conducted on at least ten (or all if less than ten) of the wells and springs identified in paragraphs (D)(2)(a) and (D)(2)(b) of this rule or twenty-five per cent of such wells and springs, whichever number is greater.

(a) Wells and springs chosen for analysis and measurement shall, as a group, represent all known aquifers present in the permit and adjacent areas.

(b) Sampling for water quality analysis shall be conducted at a minimum one time prior to submission of an application for a permit.

(c) The measurement of the static water level or discharge shall be conducted for each well and spring identified in paragraph (D)(4) of this rule at a minimum one time prior to submission of an application for a permit.

(d) Water samples collected at the sites prescribed in this paragraph shall be analyzed for the following parameters according to the methodology specified in 40 C.F.R. parts 136 and 434:

(i) pH in standard units;

(ii) Total acidity in milligrams per liter of CaCO₃;

(iii) Total alkalinity in milligrams per liter of CaCO₃;

(iv) Total manganese in milligrams per liter;

(v) Total iron in milligrams per liter;

(vi) Total hardness in milligrams per liter of CaCO₃;

(vii) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(viii) Total aluminum in milligrams per liter;

(ix) Total sulfates in milligrams per liter; and

(x) Other such information as the chief determines relevant.

(e) The results of water quality analyses and measurements required in paragraph (D) of this rule shall be reported on a form to be provided by the chief.

(5) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D)(7) of this rule shall be submitted with an application for a permit.

(6) Identifying seasonal variations for ground water and surface water. For each application, the applicant shall submit three water samples from each required sampling site designated pursuant to paragraphs (D)(4) and (E)(1) of this rule. One sample shall be from the low flow period, one sample from the high flow period, and one sample from either of the intermediate flow periods, as established in the following table:

Flow Periods and Duration of Flow Periods

| Low Flow | August 16 to October 31 | | --- | --- | | Transition Flow | November 1 to November 15 | | Intermediate Flow | November 16 to January 31 | | Transition Flow | February 1 to February 14 | | High Flow | February 15 to April 30 | | Transition Flow | May 1 to May 15 | | Intermediate Flow | May 16 to July 31 | | Transition Flow | August 1 to August 15 |

(a) For samples submitted to meet the seasonal variations requirements, the period between consecutive samples shall be at least thirty days, but not more than eighteen months, and no sample shall be collected more than thirty-six months before the date of submission of the application to the chief. A sample that exceeds the eighteen month or thirty-six month time limit of this paragraph may be acceptable if the applicant submits the following information with the sample:

(i) The date and sampling site of the sample; and

(ii) A description of all land disturbance activities that existed at the time of the sample date or that have occurred since the sample date within the local watershed that could affect the quality and quantity of the surface water or ground water. The description shall include, but is not limited to, land disturbances such as mining operations, highway construction, cut and fill operations, building construction, and dam construction or demolition.

(iii) A sample that exceeds the eighteen month or thirty-six month time limit is acceptable only if the chief determines that it is still representative of the quality and quantity of the surface water or ground water at the time of submission of the application.

(b) The applicant is not required to collect samples from consecutive flow periods.

(c) The applicant may record a low flow sample as "no flow" if the applicant documents that the applicant made at least two attempts, at least thirty days apart, to collect a flow at that site during the low flow period.

(d) Transition flow periods. A sample obtained during a transition flow period may be used for either the preceding or succeeding flow period if the following conditions are met:

(i) The applicant submits documentation showing that the sample from the transition period accurately reflects the flow period for which the sample is submitted and the chief agrees with this assessment;

(ii) The sample obtained during a transition period is not used for both the preceding and succeeding flow periods;

(iii) At least one of the three required samples is obtained during a flow period other than a transition period; and

(iv) The applicant submits precipitation data for the local watershed for the thirty days prior to the sample date.

(e) Substitute sampling site for one sample. The applicant may request, in writing, that a sample obtained from a site other than a designated sampling site be substituted for one of the three designated site samples. A sample from a substitute site shall not be used as the earliest of the three samples from a designated sampling site. The chief shall review this request and determine whether the substitute sampling site and the data collected from the site are acceptable. In making the request, the applicant shall:

(i) Describe how the substitute sampling site adequately represents the original sampling site;

(ii) Demonstrate that the substitute sampling site is located in the same aquifer as the original sampling site;

(iii) Demonstrate that the geology of the groundwater recharge area of the substitute site, as well as the surface disturbance of the recharge area of the substitute site, are similar to that of the original site;

(iv) Demonstrate that the substitute sampling site represents and performs the same function as the original site;

(v) Demonstrate that the analysis of the water quality and quantity data from the substitute site accurately represents the quality and quantity of the water at the original site and explain any anomalies in water quality or quantity at the substitute site;

(vi) Demonstrate that the flow obtained at the substitute site was obtained during the flow period missed at the original site;

(vii) Include precipitation data for the thirty days prior to the sample date at the substitute site;

(viii) Provide a description of the location of the substitute sampling site relative to the original sampling location. The description shall include bearing and distance measurements from the original sampling location to the substitute sampling location; and

(ix) Submit additional information if required by the chief to support the use of a substitute sample.

(f) The applicant may submit additional samples and other data related to seasonal variations beyond that submitted to meet the minimum requirements of paragraph (D)(6) of this rule.

(7) Water quality and quantity data collected and described other than as required by paragraph (D)(6) of this rule may be submitted to identify seasonal variations in ground water and surface water, provided the chief determines that the alternative data are sufficient to identify seasonal variations needed for the hydrologic assessments required by Chapter 1513. of the Revised Code and the rules adopted thereunder.

(E) Surface-water information.

(1) Within the proposed permit and adjacent areas, all surface-water bodies such as streams, lakes and impoundments and all discharges from the permit area into surface-water bodies shall be described and sampled for analysis under paragraph (E) of this rule. The description shall include the name of any watershed that will receive water discharges, the name, ownership and location of all surface-water bodies and the known uses of the water in these water bodies.

(2) Water samples collected under paragraph (E) of this rule shall be analyzed according to the methodology specified in 40 C.F.R. parts 136 and 434. Surface-water information shall include:

(a) Minimum, maximum, and average discharge conditions, which identify critical low flows and peak discharge rates of streams; and

(b) The following water quality data to identify the characteristics of surface waters within the proposed permit and adjacent areas:

(i) Total suspended solids in milligrams per liter;

(ii) Total acidity in milligrams per liter of CaCO₃;

(iii) Total alkalinity in milligrams per liter of CaCO₃;

(iv) pH in standard units;

(v) Total iron in milligrams per liter;

(vi) Total manganese in milligrams per liter;

(vii) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(viii) Total aluminum in milligrams per liter;

(ix) Total sulfates in milligrams per liter; and

(x) Other such information as the chief determines relevant.

(3) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D(7) of this rule shall be submitted with an application for a permit.

(4) The results of water quality analyses and measurements prescribed in paragraph (E) of this rule shall be reported on a form to be provided by the chief.

(F) Alternative water supply information. The application shall identify the extent to which the proposed underground mining operations, including subsidence impacts, may proximately result in contamination, diminution, or interruption of an underground or surface source of water that is for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the description shall contain information on water availability and alternative sources of water, including the suitability of alternative water sources for existing premining uses and approved postmining land uses.

(G) Supplemental information. If the determination of the probable hydrologic consequences required by paragraph (E)(2) of rule 1501:13-4-14 of the Administrative Code indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under paragraphs (D) and (E) of this rule shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analyses of other water quality or quantity characteristics.

(H) Climatological information.

(1) If required by the chief, the application shall contain a statement of the climatological factors that are representative of the proposed permit and adjacent areas, including:

(a) The average seasonal precipitation;

(b) The average direction and velocity of prevailing winds; and

(c) Seasonal temperature ranges.

(2) The chief may request such additional data as deemed necessary to ensure compliance with the requirements of these rules.

(I) Land-use information.

(1) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:

(a) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.

(b) A narrative of the land capability and productivity, which analyzes the land use described under paragraph (I)(1)(a) of this rule in conjunction with other environmental resources information required under these rules. The narrative shall provide analyses of:

(i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the area proposed to be affected by underground mining surface operations or facilities; and

(ii) The productivity of the area proposed to be affected by underground mining surface operations or facilities before mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage or wood products from the land obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States department of agriculture, state agricultural universities, or appropriate state natural resources or agricultural agencies.

(2) The application shall state whether the proposed permit area has been previously mined, and if so, the following information, if available:

(a) The type of mining method used;

(b) The coal seams or other mineral strata mined;

(c) The extent of coal or other minerals removed;

(d) The approximate dates of past mining; and

(e) The uses of the land preceding mining.

(3) The application shall contain a description of the existing land uses and land-use classifications under local law, if any, of the proposed permit and adjacent areas.

(J) Prime farmland investigation.

(1) The applicant shall conduct a pre-application investigation of the area proposed to be affected by surface operations or facilities to determine whether lands within the area may be prime farmland. The chief, in consultation with the U.S. natural resources conservation service, shall determine the nature and extent of this investigation.

(2) Land shall not be considered prime farmland if the applicant can demonstrate that:

(a) The land has not been historically used for cropland; or

(b) On the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the U.S. natural resources conservation service.

(3) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of paragraph (J)(2) of this rule.

(4) If the investigation indicates that lands within the area proposed to be affected by surface operations and facilities may be prime farmlands, the applicant shall contact the U.S. natural resources conservation service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for these lands, the applicant shall cause a survey to be made that is of the detail of a second order soil survey used by the U.S. natural resources conservation service for operational conservation planning. This survey shall be used to identify and locate prime farmland soils.

(a) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have been designated as prime farmlands, the applicant shall submit an application, in accordance with the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code, for such designated land.

(b) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have not been designated as prime farmland after review by the U.S. natural resources conservation service, the applicant shall submit a request for negative determination for non-designated land with the permit application establishing compliance with paragraph (J)(2) of this rule.

(K) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated June 25, 2025 at 7:45 PM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-11 Maps showing reaffection of permit area.

(A) All maps required by Chapter 1513. of the Revised Code or Chapters 1501:13-4 to 1501:13-14 of the Administrative Code showing land affected under a permit and reaffected under a subsequent permit shall conform to the requirements of paragraph (A) of rule 1501:13-4-08 of the Administrative Code. In addition to other applicable requirements, all maps shall show the following information in the prescribed manner set forth below:

(1) The perimeter of the area of land affected under a previous permit, reaffected under a current permit, or proposed to be reaffected under a subsequent permit, designated by a solid orange line;

(2) The perimeter of the area of land affected under a current permit or proposed to be affected under a subsequent permit designated by a solid black line;

(3) The common area included by the lines drawn pursuant to paragraphs (A)(1) and (A)(2) of this rule, shaded red (referred to as the "reaffected area");

(4) The acreage of the reaffected area; and

(5) The following certification placed on the map and signed by the permittee, or his or her authorized representative:

"I, the undersigned, hereby certify that _________________acres affected by permit no. __________ have been reaffected and performance security has been provided by permit no. ______."

(B) All maps required by Chapter 1513. of the Revised Code or Chapters 1501:13-4 to 1501:13-14 of the Administrative Code showing land affected under an existing permit reaffected by any person with valid existing rights shall conform to the requirements of paragraph (A) of rule 1501:13-4-08 to the Administrative Code. In addition to other applicable requirements, all maps shall show the following information in the prescribed manner:

(1) The perimeter of the area of land affected under the existing permit, designated by a solid orange line;

(2) The perimeter of the area of land reaffected by any person with valid existing rights, or by the landowner, designated by a solid black line;

(3) The common area included by the lines drawn pursuant to paragraphs (B)(1) and (B)(2) of this rule, shaded red (referred to as the "reaffected area");

(4) The acreage of the reaffected area; and

(5) The following certification placed on the map and signed by the permittee, or his or her authorized representative:

"I, the undersigned, hereby certify that_____________acres affected by permit no.have been reaffected by__________________________." (any person with valid existing rights.)

Last updated February 27, 2023 at 9:48 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-13-04

(A) Mountaintop removal mining operations shall be exempt from the requirements of rule 1501:13-9-14 of the Administrative Code for achieving approximate original contour, if the following requirements are met:

(1) The chief grants a variance under paragraph (C) of rule 1501:13-4-12 of the Administrative Code;

(2) An industrial, commercial, agricultural, residential, or public facility (including recreation facilities) use is proposed for the affected land;

(3) The alternative land use criteria in rule 1501:13-9-17 of the Administrative Code are met and the proposal is approved by the chief; and

(4) All other applicable requirements of these rules and the requirements of division (B) of section 1513.16 of the Revised Code will be met.

(B) Coal mining and reclamation operations conducted under this rule shall comply with the following standards:

(1) An outcrop barrier of sufficient width, consisting of the toe of the lowest coal seam and its associated overburden, shall be retained to prevent slides and erosion. The chief may permit an exemption to the requirement that the coal barrier be retained if the following conditions are satisfied:

(a) The proposed mine site was mined prior to May 3, 1978, and the toe of the lowest seam has been removed; or

(b) A coal barrier adjacent to a head-of-hollow fill may be removed after the elevation of head-of-hollow fill attains the elevation of the coal barrier if the head-of-hollow fill provides the stability otherwise ensured by the retention of a coal barrier;

(2) The final graded top plateau slopes on the mined area shall be less than 1v:5h so as to create a level plateau or gently rolling configuration and the outslopes of the plateau shall not exceed 1v:2h, except where engineering data substantiates and the chief finds that a minimum static safety factor of 1.5 will be attained;

(3) The resulting level or gently rolling contour shall be graded to drain inward from the outslope except at specific points where it drains over the outslope in protected stable channels. The chief may waive this requirement if environmental problems would be caused by such inward drainage;

(4) Natural watercourses below the area to be mined shall not be damaged;

(5) Spoil shall be placed on the mountaintop bench as is necessary to achieve the postmining land use approved under rule 1501:13-9-17 of the Administrative Code. All excess spoil material not retained on the mountaintop shall be placed in accordance with the standards of rule 1501:13-9-07 of the Administrative Code; and

(6) All waste and acid-forming or toxic-forming materials, including the strata immediately below the coal seam, shall be covered with non-toxic spoil to prevent pollution and achieve the approved postmining land use.

(C) All permits giving approval for mountaintop removal mining shall be reviewed not more than three years from the date of issuance of the permit, unless the operator affirmatively demonstrates and the chief finds that all operations are proceeding in accordance with the terms of the permit and applicable requirements of Chapter 1513. of the Revised Code.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-13-05

(A) The operator conducting coal mining and reclamation operations on natural slopes that exceed twenty degrees, or on lesser slopes that require measures to protect the area from disturbance, as determined by the chief after consideration of soils, climate, the method of operation, geology, and other regional characteristics, shall meet the performance standards of this rule. The standards of this rule do not apply where mining is done on a flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominantly flat area, or where the mining is governed by rule 1501:13-13-04 of the Administrative Code:

(1) Spoil, waste materials or debris, including that from clearing and grubbing and abandoned or disabled equipment, shall not be placed or allowed to remain on the downslope;

(2) The highwall shall be completely covered with compacted spoil and the disturbed area graded to comply with the provisions of rule 1501:13-9-14 of the Administrative Code. Land above the highwall shall not be disturbed unless the chief finds that this disturbance will facilitate compliance with the environmental protection standards of these rules and the disturbance is limited to that necessary to facilitate compliance. The person who conducts the coal mining and reclamation operation must demonstrate to the chief, using standard geotechnical analysis, that the minimum static factor of safety for the stability of all portions of the reclaimed land is at least 1.3;

(3) Material in excess of that required to meet the provisions of rule 1501:13-9-14 of the Administrative Code shall be disposed of in accordance with the requirements of paragraph (B) of this rule;

(4) Woody materials may be buried in the backfilled area only when burial does not cause, or add to, instability of the backfill when approved by the chief; and

(5) Unlined or unprotected drainage channels shall not be constructed on backfills unless approved by the chief as stable and not subject to erosion.

(B) An operator conducting steep slope mining shall place all excess spoil material resulting from coal mining and reclamation operations in such a manner that it complies with rule 1501:13-9-07 of the Administrative Code.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-13-03

(A) Special requirements. Coal mining and reclamation operations conducted on prime farmland shall meet the following requirements:

(1) A permit shall be obtained for those operations under paragraph (F) of rule 1501:13-4-12 of the Administrative Code; and

(2) Soil materials to be used in the reconstruction of the prime farmland soil shall be removed before drilling, blasting, or mining, in accordance with paragraphs (B) and (C) of this rule and in a manner that prevents mixing or contaminating these materials with undesirable material. Where removal of soil materials results in erosion that may cause air and water pollution, the chief shall specify methods to control erosion of exposed overburden.

(B) Soil reconstruction specifications. The chief shall use soil reconstruction specifications established by the U.S. natural resources conservation service for prime farmland soil removal, storage, replacement, and reconstruction as guidelines in carrying out his or her responsibilities under paragraph (F) of rule 1501:13-4-12 of the Administrative Code and Chapter 1501:13-7 of the Administrative Code.

(C) Soil removal.

(1) Coal mining and reclamation operations on prime farmland shall be conducted to:

(a) Separately remove the topsoil or other suitable soil materials if such soil materials will create a final soil having a greater productive capacity than that which existed prior to mining. If not utilized immediately the material shall be stockpiled separately from other rooting medium and spoil; and

(b) Separately remove the B horizon of the soil, or a combination of B horizon and underlying C horizon, or other suitable soil material if such soil material will create a reconstructed soil of equal or greater productive capacity than that which existed before mining.

(2) The minimum depth of soil and soil material to be removed for use in reconstruction of prime farmland soils shall be sufficient to meet the soil replacement requirements of paragraph (E)(1) of this rule.

(D) Soil stockpiling. If not utilized immediately, the topsoil or other suitable soil materials specified in paragraph (C)(1)(a) of this rule and the B horizon or other suitable soil materials specified in paragraph (C)(1)(b) of this rule shall be stored separately from each other and from spoil. These stockpiles shall be placed within the permit area where they are not disturbed or exposed to excessive water or wind erosion before the stockpiled horizons can be redistributed. Stockpiles in place for more than thirty days shall meet the requirements of paragraph (E) of rule 1501:13-9-03 of the Administrative Code.

(E) Soil replacement. Coal mining and reclamation operations on prime farmland shall be conducted according to the following:

(1) The minimum depth of soil and soil material to be reconstructed for prime farmland shall be forty-eight inches, or a depth equal to the depth to a subsurface horizon in the natural soil that inhibits root penetration, whichever is shallower. The chief shall specify a depth greater than forty-eight inches wherever necessary to restore productive capacity. Soil horizons shall be considered as inhibiting root penetration if their densities, chemical properties, or water supplying capacities restrict or prevent penetration by roots of plants common to the vicinity of the permit area and have little or no beneficial effect on soil productive capacity;

(2) Soil material shall only be replaced on land which has been first returned to final grade and scarified according to paragraph (C) of rule 1501:13-9-03 of the Administrative Code, unless site-specific evidence is provided and approved by the chief showing that scarification or its equivalent will not enhance the capability of the reconstructed soil to achieve equivalent or higher levels of yield;

(3) The soil horizons or other suitable soil materials shall be replaced with proper compaction and uniform depth;

(4) The B horizon or other suitable material specified in paragraph (C)(1)(b) of this rule shall be replaced to the thickness needed to meet the requirements of paragraph (E) of this rule;

(5) The topsoil or other suitable soil materials specified in paragraph (C)(1)(a) of this rule shall be replaced as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original soil, as determined in paragraph (F)(2)(a) of rule 1501:13-4-12 of the Administrative Code, and shall be placed in a manner that protects the surface layer from wind and water erosion before it is seeded or planted; and

(6) Nutrients and soil amendments shall be applied as needed to establish vegetative growth quickly.

(F) Revegetation. Each person who conducts coal mining and reclamation operations on prime farmland shall meet the ground-cover and cropping requirements specified under rule 1501:13-9-15 of the Administrative Code.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-13-02

(A) General.

(1) Auger mining operations shall be conducted in accordance with the requirements of Chapters 1501:13-9 to 1501:13-11 of the Administrative Code, except as provided in this rule.

(2) The chief may prohibit auger mining, if necessary, to:

(a) Maximize the utilization, recoverability, or conservation of the solid-fuel resource; or

(b) Protect against adverse water-quality impacts.

(B) Coal recovery.

(1) Auger mining shall be conducted so as to maximize the utilization and conservation of the coal in accordance with rule 1501:13-9-05 of the Administrative Code.

(2) Auger mining shall be planned and conducted to maximize recoverability of mineral reserves remaining after the operation and reclamation are complete.

(3) Each person who conducts auger mining operations shall leave areas of undisturbed coal, as approved by the chief, to provide access for future underground mining operations to coal reserves remaining after augering is complete, unless it is established that the coal reserves have been depleted or are so limited in thickness or extent that it will not be practicable to recover the remaining coal. This determination shall be made by the chief upon presentation of appropriate technical evidence by the operator.

(C) Hydrologic balance.

(1) Auger mining shall be planned and conducted to minimize disturbances of the prevailing hydrologic balance in accordance with the requirements of rule 1501:13-9-04 of the Administrative Code.

(2) All auger holes, except as provided in paragraph (C)(3) of this rule, shall be:

(a) Sealed within seventy-two hours after completion with an impervious and noncombustible material, if the holes are discharging water containing acid- or toxic-forming material. If sealing is not possible within seventy-two hours, the discharge shall be treated commencing within seventy-two hours after completion to meet applicable effluent limitations and water-quality standards until the holes are sealed; and

(b) Sealed with an impervious noncombustible material, as contemporaneously as practicable with the augering operation, as approved by the chief, if the holes are not discharging water containing acid- or toxic-forming material.

(3) Auger holes need not be sealed with an impervious material so as to prevent drainage if the chief determines that:

(a) The resulting impoundment of water may create a hazard to the environment or public health or safety; and

(b) The drainage from the auger holes will:

(i) Not pose a threat of pollution of surface water; and

(ii) Comply with the requirements of rule 1501:13-9-04 of the Administrative Code.

(D) Subsidence protection. Auger mining shall be conducted in accordance with the requirements of paragraphs (A) and (D) of rule 1501:13-12-03 of the Administrative Code.

(E) Backfilling and grading.

General. Auger mining shall be conducted in accordance with the backfilling and grading requirements of rule 1501:13-9-14 of the Administrative Code.

(F) Protection of underground mining. Auger holes shall not extend closer than five hundred feet (measured horizontally) to any abandoned or active underground mine workings, except as approved in accordance with rule 1501:13-9-08 of the Administrative Code.

(G) Remining. Auger mining operations that affect previously mined areas containing a preexisting highwall shall comply with the requirements of rule 1501:13-9-14 of the Administrative Code except as provided in paragraph (K) of rule 1501:13-4-12 of the Administrative Code.

Last updated June 26, 2025 at 7:19 AM

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-13-06

(A) Applicability. Each person who operates a coal preparation plant or support facility in connection with a coal mine but not located within the permit area for a specific mine shall obtain a permit in accordance with paragraph (I) of rule 1501:13-4-12 of the Administrative Code, obtain performance security in accordance with section 1513.08 of the Revised Code and these rules, and operate the plant or support facility in accordance with these rules.

(B) Performance standards. Construction, operation, maintenance, modification, reclamation, and removal activities at operations covered by this rule shall comply with the following:

(1) Signs and markers for the coal preparation plant, coal mine waste disposal area, and water treatment facilities shall comply with rule 1501:13-9-01 of the Administrative Code;

(2) Roads, transport, and associated structures shall be constructed, maintained, and reclaimed in accordance with rules 1501:13-10-01, 1501:13-11-01 and 1501:13-11-02 of the Administrative Code;

(3) Any stream or channel diversion shall comply with paragraph (F) of rule 1501:13-9-04 of the Administrative Code;

(4) Any disturbed area related to the coal preparation plant or support facilities shall have sediment control structures, in compliance with paragraphs (D) and (G) of rule 1501:13-9-04 of the Administrative Code and all discharges from these areas shall meet the requirements of paragraphs (A) and (B) of rule 1501:13-9-04 of the Administrative Code and any other applicable state or federal law;

(5) Permanent impoundments associated with coal preparation plants shall meet the requirements of paragraphs (H) and (R) of rule 1501:13-9-04 of the Administrative Code. Dams constructed of or impounding coal mine waste shall comply with rule 1501:13-9-09 of the Administrative Code;

(6) Use of water wells shall comply with paragraph (O) of rule 1501:13-9-04 of the Administrative Code and water rights shall be protected in accordance with paragraph (P) of rule 1501:13-9-04 of the Administrative Code;

(7) Disposal of coal mine waste, solid waste, and any excavated materials shall comply with the requirements of rules 1501:13-9-09 and 1501:13-9-07 of the Administrative Code;

(8) Discharge structures for diversions and sediment control structures shall comply with paragraph (I) of rule 1501:13-9-04 of the Administrative Code;

(9) Fish, wildlife and related environmental values shall be protected in accordance with rule 1501:13-9-11 of the Administrative Code;

(10) Slide areas and other surface areas shall comply with rule 1501:13-9-12 of the Administrative Code;

(11) Adverse effects upon or resulting from nearby underground coal mining operations shall be minimized by appropriate measures including, but not limited to, compliance with paragraph (Q) of rule 1501:13-9-04 of the Administrative Code and rule 1501:13-9-08 of the Administrative Code;

(12) Conveyors, buildings, storage bins or stockpiles, water treatment facilities, water storage facilities, and any structure or system related to the coal preparation plant shall comply with rules 1501:13-9-01 to 1501:13-9-17, 1501:13-10-01, 1501:13-11-01 and 1501:13-11-02 of the Administrative Code;

(13) Any coal preparation plant or support structures located on prime farmland shall meet the requirements of rule 1501:13-13-03 of the Administrative Code;

(14) All exposed surface areas shall be protected and stabilized to control erosion and air pollution attendant to erosion effectively; and

(15) Reclamation shall follow proper topsoil handling, backfilling and grading, revegetation, and postmining land use procedures in accordance with these rules.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: April 30, 2009
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-12-03

(A) The permittee shall either:

(1) Adopt measures consistent with known technology which prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lands; or

(2) Adopt mining technology which provides for planned subsidence in a predictable and controlled manner. Nothing in this part shall be construed to prohibit the standard method of room-and-pillar mining.

(B) The permittee and the operator shall comply with all provisions of the approved subsidence-control plan prepared pursuant to paragraph (M) of rule 1501:13-4-14 of the Administrative Code.

(C) The chief or his or her authorized representative shall notify the permittee of any material damage to structures or surface land, or of any failure to maintain the value or reasonably foreseeable use of surface lands. Except where such damage or failure may be a part of a set of circumstances which constitute a violation (for example, material damage which results from a failure to adopt measures consistent with known technology which prevent subsidence from causing material damage), notification shall be by letter, electronic mail or inspection report and shall not be deemed a notice of violation. Such notification shall not be subject to formal review by the chief, the reclamation commission, or the courts unless and until it serves as the basis for issuance of a notice of violation or chief's order.

(D) The underground mine permittee shall correct any material damage caused to surface lands, to the extent technologically and economically feasible, by restoring the land surface to a condition capable of maintaining the value and reasonably foreseeable uses which it was capable of supporting before subsidence.

(E) Any agreement between the permittee and a surface owner which addresses the repair of or the compensation for damage to the surface owner's structures shall take precedence over the provisions of this rule and the provisions of this rule shall not apply to any damage to such structures.

(F) If the permittee and the owner of structures have no agreement for repair and compensation, the permittee shall promptly repair, or compensate the owner for, material damage resulting from subsidence caused to any non-commercial building or occupied residential dwelling and structures related thereto that existed at the time of mining. If the repair option is selected, the permittee shall fully rehabilitate, restore or replace the damaged structure. If compensation is selected, the permittee shall compensate the owner of the damaged structure for the full amount of the diminution in value resulting from the subsidence-related damage. The permittee may provide compensation by the purchase, prior to mining, of a non-cancelable premium-prepaid insurance policy for the structures in addition to that required by rule 1501:13-7-07 of the Administrative Code. Structures or facilities not listed in paragraphs (J)(1) to (J)(3) of this rule shall be exempted from the requirements of this paragraph if the permittee or operator submits to the chief copies of documents showing clearly and convincingly that, and the chief determines that, the owner of the structure or facility is the permittee or operator.

(G) If and when subsidence occurs which causes material damage to structures listed in paragraphs (J)(1) to (J)(3) of this rule, or to surface lands, or reduces the foreseeable use or value of surface lands, the underground permittee shall submit to the chief within thirty days after the damage occurs:

(1) Site specific plans for the repair or mitigation of the damage, including a time schedule for performance of the remedial actions;

(2) A request for more time to prepare such plans; or

(3) Written or electronic notification that the permittee feels repair or restoration measures are not technologically feasible. If repair or restoration measures are not desired by the owner of a structure or if repair or restoration measures are not technologically feasible, describe other mitigatory measures to be taken as provided for in this rule.

(H) If and when subsidence causes material damage to any non-commercial building or occupied residential dwelling and structures related thereto that existed at the time of mining, and if the permittee has not reached an agreement with the owner of the structure:

(1) The underground permittee or operator shall submit to the chief within thirty days after receipt of the notice provided under paragraph (C) of this rule:

(a) Site specific plans for the repair of or compensation for the damage, including a time schedule for repair or compensation; or

(b) A request for more time to prepare such plans;

(2) The permittee or operator shall fully perform the obligations specified in any plan submitted in accordance with paragraph (H)(1) of this rule within the time period stated in the plan, provided that the surface owner does not prevent the permittee or operator from performing his or her obligations under the plan; and

(3) If the surface owner prevents the implementation of the permittee's or operator's plan for repair or compensation, then the chief shall take no further action and the surface owner may pursue whatever private rights of action may be available to the surface owner.

(I) All remedial, restoration, and mitigatory actions required under this rule shall be performed as soon as practicable.

(J) Unless the subsidence control plan demonstrates that subsidence will not cause material damage or reduce the reasonably foreseeable use of such features or facilities, underground mining activities shall not be conducted beneath or adjacent to:

(1) Public buildings and facilities;

(2) Churches, schools, and hospitals; or

(3) Impoundments with a storage capacity of twenty acre feet or more, or bodies of water with a volume of twenty acre feet or more.

(K) If the chief determines that it is necessary in order to minimize the potential for material damage to the features or facilities described in paragraphs (J)(1) to (J)(3) of this rule or to any aquifer or body of water that serves as a significant water source for any public water supply system and to protect the public health and safety, he or she may limit the percentage of coal extraction under or adjacent to such features or facilities.

(L) If subsidence causes or does material damage to any of the features or facilities covered by paragraphs (J)(1) to (J)(3) of this rule, the chief may suspend mining under or adjacent to such features or facilities until the subsidence control plan is modified to ensure prevention of material damage to such features or facilities.

(M) The chief shall suspend underground coal mining operations under urbanized areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments, or perennial streams, if imminent danger is found to inhabitants of the urbanized areas, cities, towns, or communities.

(N) Within a schedule approved by the chief, the permittee shall submit a detailed plan of the underground workings. The detailed plan shall include maps and descriptions, as appropriate, of significant features of the underground mine, including pillar and entry size, configuration, and approximate locations; extraction ratios; measures taken to prevent or minimize subsidence and related damage; areas of full extraction; and other information required by the chief. Upon request of the permittee, information submitted with the detailed plan may be held as confidential. As a means of complying with the requirements of this paragraph, the permittee may submit a copy of the mine map submitted to the division of mineral resources management pursuant to section 1563.04 of the Revised Code supplemented with any items needed to meet all the requirements of this paragraph.

(O) Surface owner notification. The permittee shall mail or send by another method able to track receipt of delivery a written notice to owners and occupants of surface property or structures, including wells and buried oil, gas, or utility lines, of the intention of the permittee to mine under such property or structures. Notification shall be mailed at least six months before the mining is to occur or, if a lesser period is approved by the chief, may be mailed less than six months before mining is to occur. The notice shall contain:

(1) Identification of specific areas in which mining will take place;

(2) Approximate dates that specific areas will be undermined;

(3) The location or locations where the subsidence control plan of the permittee may be examined; and

(4) A statement of the permittee's intent to conduct a pre-subsidence survey of all structures, buildings, features and facilities protected under this rule to determine their condition prior to mining, including information on when the survey will be conducted and the area the survey will include. The permittee shall prepare a written report of the survey and provide a copy to the owner or resident of the property which is the subject of the survey and retain a copy for inspection by the chief.

Last updated February 14, 2022 at 1:23 PM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-15 Authorization to conduct coal mining on pollution abatement areas.

(A) Applicability.

(1) This rule shall apply to applicants who seek authorization to conduct coal mining operations under modified effluent limitations of a remining NPDES permit on certain previously mined areas in which the earlier coal mining operations have resulted in continuing water pollution, and sets forth the terms and conditions under which the chief may release performance security to permittees who have received the authorization. Receipt of the authorization entitles the permittee to obtain release of performance security, in accordance with this rule, for areas which continue to discharge pollutional material.

(2) All of the provisions of Chapter 1513. of the Revised Code and these rules shall apply to operations with authorizations to mine areas with pre-existing pollutional discharges, unless otherwise specifically provided in this rule.

(B) No authorization may be granted under this rule unless such authorization is requested at the time of permit application and is part of a permit issued by the chief after the effective date of this rule.

(C) Application for authorization. Any applicant who requests authorization under this rule shall comply with the permit application requirements of Chapters 1501:13-4 to 1501:13-6 of the Administrative Code unless otherwise specifically provided in this rule. The applicant shall also:

(1) Delineate on a map the proposed pollution abatement area, including the location of the pre-existing discharge(s);

(2) Except as provided in paragraph (C)(4) of this rule, provide data necessary to determine the base line pollution load of the proposed pollution abatement area. The sampling locations from which the data is collected shall be selected from among all surface-water bodies such as lakes and impoundments at points within and, for streams, at points upstream and downstream of the proposed pollution abatement area, all ground-water sites, and all discharges from the proposed pollution abatement area into surface-water bodies. The applicant shall submit data from a minimum of twelve samples taken at regular intervals at each selected sampling location and collected over a period of twelve months, unless these sampling requirements are modified by the chief to increase the number of samples or to lengthen the sampling period;

(3) Subject to paragraph (D)(5) of this rule, be exempt from meeting the numeric requirements of total suspended solids and settleable solids if the chief determines that it is infeasible or impractical to set numeric limits on total suspended solids and settleable solids based on the site specific conditions of the soil, climate, topography, steep slopes, or other baseline conditions, provided the applicant demonstrates that significant reductions of total suspended solids and settleable solids will be achieved through the incorporation of sediment control best management practices into the pollution abatement plan as required under paragraph (C)(6) of this rule;

(4) Be exempt from meeting numeric effluent limitations for the pollution abatement area if:

(a) The chief determines that it is infeasible for the applicant to collect samples for establishing the baseline pollution load and that remining will result in significant improvement that would not otherwise occur. Pre-existing discharges for which it is infeasible to collect samples for determination of baseline pollutant levels include, but are not limited to, a discharge that exists as a diffuse groundwater flow that cannot be assessed via sample collection; a base flow to a receiving stream that cannot be monitored separate from the receiving stream; a discharge on a steep or hazardous slope that is inaccessible for sample collection; or a number of discharges so extensive that monitoring of individual discharges is infeasible; and

(b) The chief recommends and the Ohio environmental protection agency issues a non-numeric remining NPDES permit. Under this permit, the operator shall implement a pollution abatement plan incorporating best management practices designed to reduce the pollutant levels of acidity, iron, manganese, and settleable and suspended solids in pre-existing discharges. The monitoring plan shall be determined by the chief. An operator who is issued a non-numeric remining NPDES permit shall not be subject to paragraphs (F)(2) to (F)(6) or paragraphs (H)(2)(c) and (H)(3)(c) of this rule;

(5) Provide a description of the hydrology and geology of the proposed pollution abatement area that includes the plans for and results of:

(a) A detailed water quality and quantity sampling program including seasonal variations and variations in response to precipitation events, for pH, total alkalinity, total acidity, total iron, total manganese, total aluminum, total suspended solids, hardness, flow rates, and other water quality parameters the chief deems relevant. The base line pollution load shall be determined from the data collected using this sampling program; and

(b) Testing of the overburden and spoil in accordance with paragraph (C) of rule 1501:13-4-04 of the Administrative Code. The test holes shall be representative of the pollution abatement area with at least one test hole drilled through spoil.

(6) Provide a description of the abatement plan that represents best available technology economically achievable and includes:

(a) Plans, cross sections, and schematic drawings describing the abatement plan proposed to be implemented; and

(b) A description and explanation of each best management practice in the proposed abatement plan.

(D) Approval or denial by the chief.

(1) No authorization shall be granted under this rule unless the applicant seeking the authorization affirmatively demonstrates to the satisfaction of the chief on the basis of information set forth in the application that:

(a) Neither the applicant; any partner if the applicant is a partnership; any officer, principal shareholder, or director, if the applicant is a corporation; any other person who has a right to control or in fact controls the management of the applicant or the selection of officers, directors, or managers of the applicant; nor any contractor or subcontractor of the applicant has any of the following:

(i) Responsibility or liability under Chapter 1513. of the Revised Code or these rules as a permittee for treating the discharges of water pollutants from or on the proposed pollution abatement area;

(ii) Any responsibility or liability under Chapter 1513. of the Revised Code or these rules for reclaiming the proposed pollution abatement area;

(iii) During the eighteen months prior to submittal of the request for authorization under this rule, had a permit suspension or revocation based on a determination by the chief of a demonstrated pattern of willful violation of Chapter 1513. of the Revised Code or rules adopted thereunder, with respect to water quality, effluent limitations, or surface- and ground-water monitoring; or

(iv) Ever forfeited a coal or surface mining bond, performance security, or similar security deposited in lieu of bond in this state or any other state or with the United States;

(b) The proposed abatement plan represents the best available technology economically achievable and will potentially reduce the base line pollution load;

(c) The surface mining operation on the proposed pollution abatement area will not cause any additional ground water degradation; and

(d) All requirements of paragraph (E) of rule 1501:13-5-01 of the Administrative Code that are not inconsistent with paragraph (D) of this rule have been met.

(2) An authorization may be denied under this rule if granting the authorization will, or is likely to, affect any legal responsibility or liability under Chapter 1513. of the Revised Code or these rules, for the proposed pollution abatement area or other areas or discharges in the vicinity of the proposed pollution abatement area.

(3) No authorization may be granted under this rule unless there are one or more pre-existing discharge(s) from or on the pollution abatement area.

(4) The authorization allowed under this rule is only for the pollution abatement area and does not apply to other areas of the permit.

(5) No authorization may be granted under this rule until a remining NPDES permit has been issued by the Ohio environmental protection agency and a copy of the remining NPDES permit has been provided to the chief.

(E) Performance standards. Any permittee who receives an authorization under this rule shall comply with Chapters 1501:13-9 to 1501:13-13 of the Administrative Code unless otherwise specifically provided in this rule. The permittee shall also:

(1) Implement and maintain the approved water quality and quantity monitoring program for the pollution abatement area until the requirements of paragraph (H) of this rule are met;

(2) Implement the approved abatement plan; and

(3) As required in the authorization, submit a certification by the supervising professional engineer of the proper construction of certain steps of the abatement plan which may include, but not be limited to, the completion of mine seals, compaction tests, subsurface drains and, where necessary, stability analyses.

(F) Treatment of discharges.

(1) For any pre-existing discharges from or on the pollution abatement area that are commingled with active mining wastewater, the permittee shall comply with paragraph (B) of rule 1501:13-9-04 of the Administrative Code until the pollution abatement plan is implemented and the commingling has ceased.

(2) The permittee shall treat the pre-existing discharges from or on the pollution abatement area in the event that the numeric effluent limitations established in the remining NPDES permit are exceeded as determined by using procedures contained in Appendix B of 40 C.F.R. Part 434.

(3) Treatment shall be initiated if necessary to meet the numeric effluent limitations established in the remining NPDES permit, and shall be continued or reinitiated as long or as often as necessary to meet the numeric effluent limitations established in the remining NPDES permit prior to final performance security release pursuant to paragraph (H)(3) of this rule.

(4) Sampling sites for water samples collected to ensure compliance with 40 C.F.R. Part 434 shall be determined by the chief.

(5) A permittee required to treat pre-existing discharges pursuant to paragraph (F)(2) of this rule will be allowed to discontinue treating the discharges when the permittee affirmatively demonstrates to the chief's satisfaction that:

(a) The untreated pre-existing discharges are no longer exceeding the effluent limitations established in the remining NPDES permit, as shown by all surface-water monitoring conducted by the permittee or the division of mineral resources management;

(b) Coal mining activities pursuant to the permit, including the pollution abatement area, are being or were conducted in accordance with all of the requirements of the permit and the authorization, Chapter 1513. of the Revised Code and rules adopted thereunder, unless otherwise specifically provided in this rule;

(c) The permittee has satisfactorily implemented each step of the abatement plan as approved in the authorization; and

(d) The permittee is not causing or contributing to any additional ground water degradation by reaffecting the pollution abatement area.

(6) Any discontinuance of treatment pursuant to paragraph (F)(5) of this rule shall not be deemed or construed to be or to authorize a release of performance security under rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code.

(G) Request for performance security release. Paragraph (H) of this rule shall apply to the release of performance security for pollution abatement areas authorized by this rule. Paragraph (B) of rule 1501:13-7-05 and paragraph (B) of rule 1501:13-7-05.1 of the Administrative Code shall be inapplicable to such release of performance security.

(H) Criteria and schedule for release of performance security on pollution abatement areas.

(1) Phase I performance security release. The chief shall release up to fifty per cent of the amount of performance security for the authorized pollution abatement area if the permittee demonstrates and the chief finds that:

(a) The coal mining operations were conducted on the permit area, including the pollution abatement area, in accordance with all of the requirements of the permit and the authorization, Chapter 1513. of the Revised Code and these rules, unless otherwise specifically provided in this rule; and

(b) The permittee has satisfactorily completed backfilling, regrading, and drainage control in accordance with the approved reclamation plan and each pertinent step of the approved abatement plan;

(2) Phase II performance security release. The chief shall release an additional amount not to exceed thirty-five per cent of the amount of performance security for the authorized pollution abatement area if the permittee demonstrates and the chief finds that:

(a) The permittee has replaced the topsoil or material conserved pursuant to rule 1501:13-9-03 of the Administrative Code, completed planting and established revegetation in accordance with the approved reclamation plan, and achieved the standards of success for such revegetation set forth in rule 1501:13-9-15 of the Administrative Code;

(b) The permittee is not causing or contributing to any surface water pollution or ground water degradation by reaffecting or mining the pollution abatement area;

(c) For a period of twelve months after discontinuance of treatment pursuant to paragraph (F)(5) of this rule, the permittee has not exceeded the numeric effluent limitations established in the remining NPDES permit as shown by all ground- and surface-water monitoring conducted by the permittee or the division of mineral resources management; and

(d) The permittee has implemented all pertinent steps provided in the approved abatement plan.

(3) The chief shall release the remaining portion of the amount of performance security on the authorized pollution abatement area if the permittee demonstrates and the chief finds that:

(a) The permittee has successfully completed all of the approved abatement plan and the reclamation plan, and the pollution abatement area is capable of supporting the postmining land use approved under rule 1501:13-9-17 of the Administrative Code;

(b) The permittee has complied with all of the requirements of the permit and the authorization, Chapter 1513. of the Revised Code and these rules, unless otherwise specifically provided in this rule;

(c) For a period of two years after discontinuance of treatment pursuant to paragraph (F)(5) of this rule, the permittee has not exceeded the numeric effluent limitations established in the remining NPDES permit as shown by all ground- and surface-water monitoring conducted by the permittee or the division of mineral resources management; and

(d) The applicable period of extended responsibility for revegetation under rule 1501:13-9-15 of the Administrative Code has expired.

(I) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated June 29, 2025 at 6:07 AM

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-05

This rule applies to a permittee that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code.

(A) Procedures for seeking release of performance security.

(1) Request for approval of reclamation. After all reclamation, restoration, and abatement work in a reclamation phase, as defined in paragraph (B)(1) of this rule, is completed on the entire permit area or on an incremental area, the permittee, or any person authorized to act on his or her behalf, shall file a request with the chief for approval of that reclamation. A request for approval of a reclamation phase shall include a request for release of performance security. A request for approval of reclamation may be filed only at times or during seasons that allow the chief to evaluate properly the reclamation reported to be completed.

(2) Contents of request for approval of reclamation.

(a) Every request for approval of reclamation for a particular reclamation phase shall include:

(i) The location and the number of acres of land subject to the request;

(ii) The permit number;

(iii) The amount of performance security for the area subject to the request and the phase of reclamation sought to be released; and

(iv) A notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of Chapter 1513. of the Revised Code, the rules adopted thereunder and the approved reclamation plan.

(b) The request for approval of reclamation phase II or any attachments to the request shall also include:

(i) The results of tests on the soil of the area requested for release for such vegetation-sustaining factors as potassium, phosphorus, and lime, and a lime recommendation;

(ii) The planting report required under rule 1501:13-9-15 of the Administrative Code;

(iii) The number of acres of the area requested for release that are reclaimed as prime farmland; and

(iv) Yield data for those acres reclaimed as prime farmland, if appropriate.

(c) The request for approval of reclamation phase III or any attachments to the request shall also state:

(i) The number of acres of the area requested for release that are reclaimed as prime farmland;

(ii) Yield data for those acres reclaimed as cropland, prime farmland, pasture or grazing land, if appropriate; and

(iii) The number of acres of the area requested for release that are reclaimed as lands eligible for remining.

(d) With every request for approval of reclamation for a particular reclamation phase, the permittee shall submit copies of the letters the permittee has sent to adjoining property owners, local government bodies, planning agencies, and sewage and water treatment authorities or water companies in the locality in which the coal mining and reclamation activities took place, notifying them of the permittee's intention to seek release of performance security.

(3) At the time that a request for release of performance security is filed with the chief, the permittee shall publish an advertisement, described in division (F)(1) of section 1513.16 of the Revised Code, at least once a week for four successive weeks in a newspaper of general circulation in the locality of the coal mining operation. In addition to the requirements specified in division (F)(1) of section 1513.16 of the Revised Code, the advertisement shall contain the permittee's name and shall state that written comments, objections, and requests for a performance security release conference may be submitted to the chief pursuant to rule 1501:13-7-08 of the Administrative Code. The advertisement shall also provide the address to which, and closing date by which, written comments, objections and requests for performance security release conferences must be sent. Within thirty days after filing a request for release with the chief, the permittee shall submit a copy of this advertisement to the chief.

(4) After the publication required by paragraph (A)(3) of this rule and prior to the release of performance security, the permittee shall submit to the chief a notarized proof of publication from the newspaper that published the advertisement.

(5) Inspection by the chief.

(a) Within thirty days after the permittee has complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, the chief shall conduct an inspection and evaluation of the reclamation work involved. The surface owner, or agent or lessee of the surface owner, shall be given notice of such inspection and may participate with the chief or his or her authorized representative in making the performance security release inspection.

(b) The chief shall consider during inspection and evaluation of the reclamation:

(i) Whether the permittee has met the requirements of Chapter 1513. of the Revised Code, these rules, any orders issued during mining and reclamation, and the specifications of the approved mining and reclamation plan;

(ii) The degree of difficulty to complete any remaining reclamation;

(iii) Whether pollution of surface and subsurface water is occurring;

(iv) The probability the pollution will continue or occur again; and

(v) The estimated cost of abating the pollution.

(6) Objections to release of performance security and request for performance security release conference.

(a) Within thirty days after the last newspaper publication of the filing of the request for release, written objections to the proposed release of performance security may be filed with the chief by the following persons:

(i) A person with a valid legal interest that might be adversely affected by release of the performance security;

(ii) The responsible officer or head of any federal, state, or local government agency that:

(a) Has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation; or

(b) Is authorized to develop and enforce environmental standards with respect to the operation.

(b) Persons who may file objections under paragraph (A)(6)(a) of this rule may also request a performance security release conference on the proposed release of performance security pursuant to rule 1501:13-7-08 of the Administrative Code.

(7) Decision of the chief; notice of review.

(a) The chief shall notify in writing the permittee and any other interested parties of his or her decision to approve or disapprove the request for release and his or her decision to release or not to release all or part of the performance security:

(i) Within sixty days after the permittee has filed a request for release and complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, if no performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule; or

(ii) Within sixty days after the performance security release conference, if a performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule.

(b) If the chief disapproves a request for release, the chief shall notify the permittee in writing, stating the reasons for disapproval, recommending corrective action necessary to secure release, and informing the permittee of his or her right to appeal this decision to the reclamation commission.

(c) Within thirty days after notification of the final decision of the chief regarding the performance security release, the permittee or any person with an interest that is or may be adversely affected may file an appeal of that decision with the reclamation commission.

(d) If the chief intends to release the performance security, the chief shall notify the municipal corporation in which the coal mining operation is located by certified mail at least thirty days before release of all or part of the performance security.

(e) The chief shall not release performance security until proceedings in review of a decision to release are terminated or, if rights to administrative and judicial review have not been exercised, until periods allowed for filing applications for review have expired.

(B) Criteria and schedule for release of performance security.

(1) Reclamation phases defined.

(a) Reclamation phase I shall be determined to be completed when, in accordance with the approved mining and reclamation plan:

(i) Backfilling and regrading have been completed; and

(ii) Drainage controls have been established.

(b) Reclamation phase II shall be determined to be completed when:

(i) Resoiling is completed and revegetation meets the standards for success for a phase II performance security release in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The lands are not contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements of division (A)(10) of section 1513.16 of the Revised Code, these rules, permit conditions, or the mining and reclamation plan;

(iii) With respect to prime farmlands, soil replacement has been carried out in accordance with the requirements of rule 1501:13-13-03 of the Administrative Code and division (A)(7) of section 1513.16 of the Revised Code, and soil productivity has returned to the levels of yield required by rule 1501:13-4-12 of the Administrative Code;

(iv) The provisions of a plan approved by the chief for the sound future management of any permanent impoundment by the permittee or landowner are implemented to the satisfaction of the chief; and

(v) Any permanent structures to be maintained as part of the postmining land use are included in the approved reclamation plan.

(c) Reclamation phase III shall be determined to be completed when:

(i) The permittee has successfully completed all coal mining and reclamation operations in accordance with the approved reclamation plan and has met the phase III revegetation success standards in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The permittee has achieved compliance with the requirements of Chapter 1513. of the Revised Code, these rules, and the permit; and

(iii) The applicable liability period under rule 1501:13-7-02 of the Administrative Code has expired.

(2) Approval of reclamation phase.

(a) The chief may approve a request and release liability under performance security according to the schedule set forth in paragraph (B)(3) of this rule only upon the chief's determination that reclamation in a particular phase is complete on an incremental area or the entire permit area.

(b) The chief may approve release of performance security for an incremental area when reclamation in a particular phase is complete on that incremental area even though such reclamation is not complete on other incremental areas within the same permit, provided that no release of performance security for any acreage within an incremental area may be approved until reclamation in the applicable phase is complete for all acres within that incremental area.

(c) A portion of an incremental area requiring extended liability because of augmentation or failure to achieve the crop yields for prime farmland required for phase II performance security release by rule 1501:13-9-15 of the Administrative Code may, upon approval by the chief, be separated from the rest of the incremental area and have performance security provided separately. Before determining that extended liability should apply to only a portion of the incremental area, the chief shall determine such portion:

(i) Is not significant in extent in relation to the entire area under the performance security; and

(ii) Is limited to isolated, distinguishable, and contiguous portions of the area for which performance security has been provided and does not comprise scattered or intermittent occurrences throughout the area for which performance security has been provided.

(d) If an area is separated under paragraph (B)(2)(c) of this rule, that portion shall have performance security provided separately and the applicable period of liability, in accordance with rule 1501:13-7-02 of the Administrative Code, shall commence anew. The period of liability for the remaining area shall continue in effect without extension. The amount of performance security on the original incremental area may be adjusted in accordance with rule 1501:13-7-02 of the Administrative Code.

(e) The chief may approve a request for release of performance security for reclamation phase II on areas from which temporary sedimentation ponds have not yet been removed, provided all requirements for a phase II performance security release are met.

(f) A portion of an incremental area requiring a reduced period of liability because of its classification as a remining area shall be separated from the rest of the incremental area and shall be eligible for phase III performance security release pursuant to paragraph (O) of rule 1501:13-9-15 of the Administrative Code.

(3) Schedule for release.

(a) When reclamation phase I is approved by the chief for an incremental area or the entire permit area, the chief shall release performance security liability in the amount of fifty per cent of the performance security for the incremental area or the entire permit area on which the reclamation phase I is complete.

(b) When reclamation phase II is approved by the chief for an incremental area or the entire permit area, the chief shall release performance security liability in an amount not exceeding thirty-five per cent of the original performance security for the incremental area or the entire permit area on which the reclamation phase II is complete.

(c) When reclamation phase III is approved by the chief for an incremental area or the entire permit area, the chief shall release the remaining performance security liability for the incremental area or entire permit area.

(4) Order of release. With the exception of certificates of deposit, trust funds, and cash, which shall be released in any manner and order as determined by the chief, other forms of performance security shall be released under paragraph (B)(3) of this rule in the order in which they were filed, and according to the following order by form of performance security:

(a) The surety bond filed earliest in the permit term, followed by surety bond filed later in the permit term;

(b) The letter of credit filed earliest in the permit term, followed by letters of credit filed later in the permit term; and

(c) Any remaining collateral bond, in the order in which it was filed.

Last updated February 27, 2023 at 9:48 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-05.1

This rule applies to a permittee that provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code.

(A) Procedures for seeking approval of a reclamation phase and release of performance security.

(1) Request for approval of reclamation.

(a) After all reclamation, restoration, and abatement work in a reclamation phase, as defined in paragraph (B)(1) of this rule, is completed on the entire permit area or on an entire incremental mining unit, the permittee, or any person authorized to act on his or her behalf, shall file a request with the chief for approval of that reclamation. A request for approval of a reclamation phase for the entire permit area or for an entire incremental mining unit shall include a request for release of performance security.

(b) After all reclamation, restoration, and abatement work in reclamation phase I or reclamation phase II, as defined by paragraph (B)(1) of this rule, is completed on a designated area within a permit area or incremental mining unit, the permittee may file a request for approval of reclamation phase I or reclamation phase II for that designated area. A request for approval under this paragraph shall not include a request for release of performance security.

(c) A request for approval of reclamation may be filed only at times or during seasons that allow the chief to evaluate properly the reclamation reported to be completed.

(2) Contents of request for approval of reclamation.

(a) Every request for approval of reclamation for a particular reclamation phase shall include:

(i) The location and the number of acres of land subject to the request;

(ii) The permit number;

(iii) A notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of Chapter 1513. of the Revised Code, the rules adopted thereunder and the approved reclamation plan; and

(iv) If the request for approval of reclamation includes a request for release of performance security, the amount of performance security for the area subject to the request and the phase of reclamation sought to be released.

(b) The request for approval of reclamation phase II or any attachments to the request shall also include:

(i) The results of tests on the soil of the area requested for approval for such vegetation-sustaining factors as potassium, phosphorus, and lime, and a lime recommendation;

(ii) The planting report required under rule 1501:13-9-15 of the Administrative Code;

(iii) The number of acres of the area requested for approval that are reclaimed as prime farmland; and

(iv) Yield data for those acres reclaimed as prime farmland, if appropriate.

(c) The request for approval of reclamation phase III or any attachments to the request shall also state:

(i) The number of acres of the area requested for approval and release that are reclaimed as prime farmland;

(ii) Yield data for those acres reclaimed as cropland, prime farmland, pasture or grazing land, if appropriate; and

(iii) The number of acres of the area requested for release that are reclaimed as lands eligible for remining.

(d) With every request for approval of reclamation for a particular reclamation phase, the permittee shall submit copies of the letters the permittee has sent to adjoining property owners, local government bodies, planning agencies, and sewage and water treatment authorities or water companies in the locality in which the coal mining and reclamation activities took place, notifying them of the permittee's request for reclamation phase approval and, when included, the permittee's request for release of performance security.

(3) At the time that a request for approval of a reclamation phase or a request for release of performance security is filed with the chief, the permittee shall publish an advertisement, described in division (F)(1) of section 1513.16 of the Revised Code, at least once a week for four successive weeks in a newspaper of general circulation in the locality of the coal mining operation. In addition to the requirements specified in division (F)(1) of section 1513.16 of the Revised Code, the advertisement shall contain the permittee's name and shall state that written comments, objections, and requests for a reclamation phase approval conference or a performance security release conference may be submitted to the chief pursuant to rule 1501:13-7-08 of the Administrative Code. The advertisement shall also provide the address to which, and closing date by which, written comments, objections and requests for a reclamation phase approval conference or a performance security release conference must be sent. Within thirty days after filing a request for approval of a reclamation phase or a request for approval of a release with the chief, the permittee shall submit a copy of this advertisement to the chief.

(4) After the publication required by paragraph (A)(3) of this rule and prior to the approval of the reclamation phase or the release of performance security, the permittee shall submit to the chief a notarized proof of publication from the newspaper that published the advertisement.

(5) Inspection by the chief.

(a) Within thirty days after the permittee has complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, the chief shall conduct an inspection and evaluation of the reclamation work involved. The surface owner, or agent or lessee of the surface owner, shall be given notice of such inspection and may participate with the chief or his or her authorized representative in making the reclamation phase approval inspection.

(b) The chief shall consider during inspection and evaluation of the reclamation:

(i) Whether the permittee has met the requirements of Chapter 1513. of the Revised Code, these rules, any orders issued during mining and reclamation, and the specifications of the approved mining and reclamation plan;

(ii) The degree of difficulty to complete any remaining reclamation;

(iii) Whether pollution of surface and subsurface water is occurring;

(iv) The probability the pollution will continue or occur again; and

(v) The estimated cost of abating the pollution.

(6) Objections to approval of reclamation phase or to release of performance security and request for reclamation phase approval conference or performance security release conference.

(a) Within thirty days after the last newspaper publication of the filing of the request for approval of a reclamation phase or the request for release of performance security, written objections to the proposed reclamation phase approval or proposed performance security release may be filed with the chief by the following persons:

(i) A person with a valid legal interest that might be adversely affected by approval of the reclamation phase or by release of the performance security;

(ii) The responsible officer or head of any federal, state, or local government agency that:

(a) Has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation; or

(b) Is authorized to develop and enforce environmental standards with respect to the operation.

(b) Persons who may file objections under paragraph (A)(6)(a) of this rule may also request a reclamation phase approval conference on the proposed approval or a performance security release conference on the proposed release of performance security pursuant to rule 1501:13-7-08 of the Administrative Code.

(7) Decision of the chief; notice of review.

(a) The chief shall notify in writing the permittee and any other interested parties of his or her decision to approve or disapprove a reclamation phase or a request for release and his or her decision to release or not to release all or part of the performance security:

(i) Within sixty days after the permittee has filed a request for approval of a reclamation phase or for release of performance security and complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, if no reclamation phase approval conference or performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule; or

(ii) Within sixty days after the reclamation phase approval conference or performance security release conference, if a reclamation phase approval conference or performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule.

(b) If the chief disapproves a reclamation phase or a request for release, the chief shall notify the permittee in writing, stating the reasons for disapproval, recommending corrective action necessary to secure approval or release, and informing the permittee of his or her right to appeal this decision to the reclamation commission.

(c) Within thirty days after notification of the final decision of the chief regarding the reclamation phase or the performance security release, the permittee or any person with an interest that is or may be adversely affected may file an appeal of that decision with the reclamation commission.

(d) If the chief intends to release the performance security, the chief shall notify the municipal corporation in which the coal mining operation is located by certified mail at least thirty days before release of all or part of the performance security.

(e) The chief shall not release performance security until proceedings in review of a decision to release are terminated or, if rights to administrative and judicial review have not been exercised, until periods allowed for filing applications for review have expired.

(B) Criteria and schedule for release of performance security.

(1) Reclamation phases defined.

(a) Reclamation phase I shall be determined to be completed when, in accordance with the approved mining and reclamation plan:

(i) Backfilling and regrading have been completed; and

(ii) Drainage controls have been established.

(b) Reclamation phase II shall be determined to be completed when:

(i) Resoiling is completed and revegetation meets the standards for success for a phase II performance security release in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The lands are not contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements of division (A)(10) of section 1513.16 of the Revised Code, these rules, permit conditions, or the mining and reclamation plan;

(iii) With respect to prime farmlands, soil replacement has been carried out in accordance with the requirements of rule 1501:13-13-03 of the Administrative Code and division (A)(7) of section 1513.16 of the Revised Code, and soil productivity has returned to the levels of yield required by rule 1501:13-4-12 of the Administrative Code;

(iv) The provisions of a plan approved by the chief for the sound future management of any permanent impoundment by the permittee or landowner are implemented to the satisfaction of the chief; and

(v) Any permanent structures to be maintained as part of the postmining land use are included in the approved reclamation plan.

(c) Reclamation phase III shall be determined to be completed when:

(i) The permittee has successfully completed all coal mining and reclamation operations in accordance with the approved reclamation plan and has met the phase III revegetation success standards in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The permittee has achieved compliance with the requirements of Chapter 1513. of the Revised Code, these rules, and the permit; and

(iii) The applicable liability period under rule 1501:13-7-02 of the Administrative Code has expired.

(2) Approval of request for release of performance security.

(a) The chief may approve a request for release of performance security and may release liability under performance security according to the schedule set forth in paragraph (B)(3) of this rule only upon the chief's determination that reclamation in a particular phase is complete on an incremental mining unit or the entire permit area.

(b) The chief may approve release of performance security for an incremental mining unit when reclamation in a particular phase is complete on that incremental mining unit even though such reclamation is not complete on other incremental mining units within the same permit, provided that no release of performance security for any acreage within an incremental mining unit may be approved until reclamation in the applicable phase is complete for all acres within that incremental mining unit.

(c) A portion of an incremental mining unit requiring extended liability because of augmentation or failure to achieve the crop yields for prime farmland required for phase II performance security release by rule 1501:13-9-15 of the Administrative Code may, upon approval by the chief, be separated from the rest of the incremental mining unit and have performance security provided separately. Before determining that extended liability should apply to only a portion of the incremental mining unit, the chief shall determine such portion:

(i) Is not significant in extent in relation to the entire area under the performance security; and

(ii) Is limited to isolated, distinguishable, and contiguous portions of the area for which performance security has been provided and does not comprise scattered or intermittent occurrences throughout the area for which performance security has been provided.

(d) If an area is separated under paragraph (B)(2)(c) of this rule, that portion shall have performance security provided separately and the applicable period of liability, in accordance with rule 1501:13-7-02 of the Administrative Code, shall commence anew. The period of liability for the remaining area shall continue in effect without extension. The amount of performance security on the original incremental mining unit may be adjusted in accordance with rule 1501:13-7-02 of the Administrative Code.

(e) The chief may approve a request for release of performance security for reclamation phase II on areas from which temporary sedimentation ponds have not yet been removed, provided all requirements for a phase II performance security release are met.

(f) A portion of an incremental mining unit requiring a reduced period of liability because of its classification as a remining area shall be separated from the rest of the incremental mining unit and shall be eligible for phase III performance security release pursuant to paragraph (O) of rule 1501:13-9-15 of the Administrative Code.

(3) Schedule for release.

(a) When reclamation phase I is approved by the chief for an incremental mining unit or the entire permit area, the chief shall release performance security liability in an amount of up to fifty per cent of the performance security for the incremental mining unit or the entire permit area on which the reclamation phase I is complete.

(b) When reclamation phase II is approved by the chief for an incremental mining unit or the entire permit area, the chief shall release performance security liability in an amount of up to thirty-five per cent of the original performance security for the incremental mining unit or the entire permit area on which the reclamation phase II is complete.

(c) When reclamation phase III is approved by the chief for an incremental mining unit or the entire permit area, the chief shall release the remaining performance security liability for the incremental mining unit or entire permit area.

(4) Order of release. With the exception of certificates of deposit, trust funds, and cash, which shall be released in any manner and order as determined by the chief, other forms of performance security shall be released under paragraph (B)(3) of this rule in the order in which they were filed, and according to the following order by form of performance security:

(a) The surety bond filed earliest in the permit term, followed by surety bond filed later in the permit term;

(b) The letter of credit filed earliest in the permit term, followed by letters of credit filed later in the permit term; and

(c) Any remaining collateral bond, in the order in which it was filed.

Last updated February 27, 2023 at 9:48 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-16 Requirements for exemption for coal extraction incidental to the extraction of other minerals.

The purpose of this rule is to establish exemption criteria so that legitimate operators of industrial minerals mining operations regulated under Chapter 1514. of the Revised Code may extract coal which they encounter incidentally while recovering other minerals, without being subject to the permitting and performance standards of Chapter 1513. of the Revised Code. Continued qualification for the exemption from the requirements of Chapter 1513. of the Revised Code shall depend upon annual demonstration of maintenance of the required ratios between cumulative coal production and revenues and cumulative mineral production and revenues. Each pit or excavation site contained in a single surface mining permit may be included in a single exemption, but must individually comply with all of the requirements of this rule.

(A)

(1) This rule shall apply to the extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent of the total tonnage of coal and other minerals removed for purposes of commercial use or sale.

(2) Any person who plans to commence or continue coal extraction after the effective date of this rule in reliance on the incidental mining exemption shall file a complete request for exemption with the chief for each mining area. A person shall not commence coal extraction based upon the exemption until the chief approves such request, except as provided in paragraph (E)(3) of this rule.

(B) Definitions.

(1) "Cumulative measurement period" means the period of time over which both cumulative production and cumulative revenue are measured. The cumulative measurement period shall be considered to have begun:

(a) For mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or other minerals commenced at that mining area or August 3, 1977; or

(b) For mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date extraction of coal or other minerals commenced at that mining area, whichever is earlier.

(2) "Cumulative production" means the total tonnage of coal or other minerals extracted from a mining area during the cumulative measurement period. Coal extracted and stockpiled may be excluded from cumulative production, and other minerals extracted and stockpiled may be included in cumulative production, if the requirements of paragraph (I) of this rule are met.

(3) "Cumulative revenue" means the total revenue derived from the sale of coal or other minerals and the fair market value of coal or other minerals transferred or used, but not sold, during the cumulative measurement period.

(4) "Mining area" means an individual excavation site or pit from which coal, other minerals and overburden are removed.

(5) "Other minerals" means any commercially valuable substance mined for its mineral value, excluding coal, topsoil, waste and fill material, or any material mined and used on-site in the construction of waste disposal facilities

(C) Application requirements and procedures.

(1) Existing operations. Any person who has commenced coal extraction at a mining area in reliance upon the incidental mining exemption prior to the effective date of this rule may continue mining operations for sixty days after such effective date. Coal extraction shall not continue after such sixty-day period unless that person files an administratively complete request for exemption with the chief. If a complete request is filed within sixty days, the person may continue extracting coal in reliance on the exemption beyond the sixty-day period until the chief makes an administrative decision on such request.

(2) Additional information. The chief shall notify the person seeking exemption if the request for exemption is incomplete and may at any time require submittal of additional information.

(3) Public comment period. Written comments regarding or objections to a request for exemption may be submitted to the chief by any person having an interest which is or may be adversely affected by a decision on the request for exemption within thirty days after the publication of the newspaper notice required by paragraph (D)(9) of this rule.

(D) Contents of request for exemption. A request for exemption shall include at a minimum:

(1) The name and address of the person seeking exemption;

(2) A list of the minerals sought to be extracted;

(3) Estimates of annual production of coal and the other minerals within each mining area over the anticipated life of the mining operation;

(4) Estimated annual revenues to be derived from bona fide sales of coal and other minerals to be extracted within the mining area;

(5) Where coal or the other minerals are to be used rather than sold, estimated annual fair market values at the time of projected use of the coal and other minerals to be extracted from the mining area;

(6) The basis for all annual production, revenue, and fair market value estimates;

(7) A description, including county, township if any, and boundaries of the land, of sufficient certainty that the mining areas may be located and distinguished from other mining areas;

(8) An estimate to the nearest acre of the number of acres that will compose the mining area over the anticipated life of the mining operation;

(9) Evidence of one-time publication, in a newspaper of general circulation in the county of the mining area, of a public notice that a request for exemption has been filed with the chief. The public notice must identify the person claiming the exemption, must contain a description of the proposed operation and its locality that is sufficient for interested persons to identify the operation, and must specify that comments may be submitted within thirty days to the "Division of Mineral Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229";

(10) Representative stratigraphic cross-section(s) based on test borings or on other information identifying and showing the relative position, approximate thickness and density of the coal and each other mineral to be extracted for commercial use or sale and the relative position and thickness of the innerburden and overburden;

(11) A map of appropriate scale which clearly identifies the mining area;

(12) A general description of mining and mineral processing activities for the mining area;

(13) A summary of sales commitments and agreements for future delivery, if any, which the person seeking exemption has received for other minerals to be extracted from the mining area, or a description of potential markets for such minerals;

(14) If the other minerals are to be commercially used by the person seeking exemption, a description specifying the use;

(15) For operations having extracted coal or other minerals prior to filing a request for exemption, in addition to the information required above, the following information must also be submitted:

(a) Any relevant documents the operator has received from the chief documenting its exemption from the requirements of the Chapter 1513. of the Revised Code;

(b) The cumulative production of the coal and the cumulative production of other minerals from the mining area; and

(c) Estimated tonnages of stockpiled coal and other minerals; and

(16) Any other information pertinent to the qualification of the operation as exempt.

(E) Exemption determination.

(1) No later than ninety days after filing of a complete request for exemption, the chief shall make a written determination whether, and under what conditions, the person claiming the exemption is exempt under this rule, and shall notify the person seeking exemption and persons submitting comments on the request for exemption of the determination and the basis for the determination.

(2) The determination of exemption shall be based upon information contained in the request for exemption and any other information available to the chief at that time.

(3) If the chief fails to provide a person seeking exemption with the determination as specified in paragraph (E)(1) of this rule, such a person who has not begun may commence coal extraction pending a determination on the request for exemption unless the chief issues an interim finding, together with reasons therefor, that the person shall not begin coal extraction.

(F) Administrative review.

(1) Any person adversely affected by a determination made pursuant to paragraph (E) of this rule may request administrative review within thirty days of the notification of such determination in accordance with section 1513.13 of the Revised Code.

(2) A notice of appeal filed under section 1513.13 of the Revised Code shall not suspend the effect of a determination under paragraph (E) of this rule.

(G) Requirements for exemption.

(1) Activities are exempt from the requirements of Chapter 1513. of the Revised Code if all of the following are satisfied:

(a) The cumulative production of coal extracted from the mining area and calculated annually does not exceed sixteen and two thirds percent of the total combined cumulative production of coal and other minerals removed during the cumulative measurement period for purposes of bona fide sale or reasonable commercial use;

(b) Coal is produced from a geological stratum lying above or immediately below the deepest stratum from which other minerals are extracted for purposes of bona fide sale or reasonable commercial use. For the purposes of this paragraph, the term immediately below means that the coal to be mined shall be located not more than three feet below the lowest other mineral to be mined;

(c) The cumulative revenue derived from the coal extracted from the mining area and calculated annually shall not exceed fifty percent of the total combined cumulative revenue derived from the coal and other minerals removed for purposes of bona fide sale or reasonable commercial use. If the coal extracted or the minerals removed are used by the operator or transferred to a related entity for use instead of being sold in a bona fide sale, then the fair market value of the coal or other minerals shall be calculated at the time of use or transfer and shall be used to calculate cumulative revenue;

(d) Other minerals mined in a mining area but not in the stratigraphic column of coal removed shall not be used to calculate cumulative production under paragraph (G)(1)(a) of this rule or cumulative revenue under paragraph (G)(1)(c) of this rule; and

(e) Augering of coal is not used as a mining method, except for permits issued prior to February 29, 1988, that had approved mining plans that allowed the augering of coal.

(2) A person seeking or that has obtained an exemption from the requirements of Chapter 1513. of the Revised Code shall comply with the following:

(a) Each mineral other than coal upon which an exemption under this rule is based must be a commercially valuable mineral for which a market exists or which is mined in bona fide anticipation that a market will exist for the mineral in the reasonably foreseeable future, not to exceed twelve months from the end of the current period for which cumulative production is calculated. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate the above standard.

The initial request for exemption may be approved by the chief conditioned upon receipt, prior to the commencement of mining, of a legally binding agreement for the future sale of other minerals.

(b) If either coal or other minerals are transferred or sold by the operator to a related entity for its use or sale, the transaction must be made for legitimate business purposes.

(H) Conditions of exemption. A person extracting coal in accordance with this rule shall:

(1) Maintain on-site or at other locations available to authorized representatives of the chief and of the U.S. secretary of the interior information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the request for exemption and exemption approved by the chief;

(2) Notify the chief upon the completion of the mining operation or permanent cessation of all coal extraction activities; and

(3) Conduct operations in accordance with the approved request for exemption or, when authorized to extract coal under paragraph (C)(1) or (E)(3) of this rule prior to submittal or approval of request for exemption, in accordance with the standards of this rule.

(I) Stockpiling of minerals.

(1) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity, or use:

(a) Up to an amount equaling a twelve-month supply of the coal required for future sale, transfer or use as calculated based upon the average annual sales, transfer and use from the mining area over the two preceding years; or

(b) For a mining area where coal has been extracted for a period of less than two years, up to an amount that would represent a twelve-month supply of the coal required for future sales, transfer or use as calculated based on the average amount of coal sold, transferred or used each month.

(2) Minerals other than coal.

(a) The chief shall disallow all or part of an operator's tonnages of stockpiled other minerals for purposes of meeting the requirements of this rule if:

(i) The operator fails to maintain adequate and verifiable records of:

(a) The mining area of origin; or

(b) The disposition of stockpiles; or;

(ii) The disposition of the stockpiles indicates the lack of commercial use or market for the minerals.

(b) The chief may only allow an operator to utilize tonnages of stockpiled other minerals for purposes of meeting the requirements of this rule if:

(i) The stockpiling is necessary to meet market conditions or is consistent with generally accepted industry practices; and

(ii) Except as provided in paragraph (I)(2)(c) of this rule, the stockpiled other minerals do not exceed a twelve-month supply of the mineral required for future sales as relied upon by the chief in the approved request for exemption.

(c) The chief may allow an operator to utilize tonnages of stockpiled other minerals beyond the twelve-month limit established in paragraph (I)(2)(b) of this rule if the operator can demonstrate to the chief's satisfaction that the additional tonnage is required to meet future business obligations of the operator, such as may be demonstrated by a legally binding agreement for future delivery of the minerals.

(d) The chief may periodically revise the other mineral stockpile tonnage limits in accordance with the criteria established by paragraphs (I)(2)(b) and (I)(2)(c) of this rule based on additional information available to the chief.

(J) Public availability of information.

(1) Except as provided in paragraph (J)(2) of this rule, all information submitted to the chief under this rule shall be made available in accordance with section 149.43 of the Revised Code for public inspection and copying at the district office nearest the mining operation claiming exemption until at least three years after expiration of the period during which the subject mining area is active.

(2)

(a) The chief may keep information submitted under this rule confidential if:

(i) The person submitting it requests in writing, at the time of submission, that it be kept confidential; and

(ii) The information concerns trade secrets or is privileged commercial or financial information relating to the competitive rights of the person intending to conduct operations under this rule.

(b) Information requested to be held as confidential under paragraph (J)(2)(a) of this rule shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.

(K) Reporting requirements.

(1) Following approval by the chief of an exemption for a mining area, the person receiving the exemption shall, for each mining area, file a written report annually with the chief, on a form provided by the chief, containing the information specified in paragraph (K)(4) of this rule.

(2) For purposes of the report, the cumulative measurement period defined in paragraph (B)(1) of this rule shall end on the anniversary of the date of issuance of the surface mining permit required under Chapter 1514. of the Revised Code. The report shall be filed no later than thirty days after each anniversary date of issuance of the surface mining permit.

(3) The information in the report shall cover:

(a) Annual production of coal and other minerals and annual revenue derived from coal and other minerals during the preceding twelve-month period; and

(b) The cumulative production of coal and other minerals and the cumulative revenue derived from coal and other minerals.

(4) The report shall specify for each mining area, over both the preceding twelve-month period and the cumulative measurement period:

(a) The number of tons of extracted coal sold in bona fide sales and total revenue derived from such sales;

(b) The number of tons of coal extracted and used by the operator or transferred to or used by a related entity and the estimated total fair market value of such coal;

(c) The number of tons of coal stockpiled;

(d) The number of tons of other commercially valuable minerals extracted and sold in bona fide sales and total revenue derived from such sales;

(e) The number of tons of other commercially valuable minerals extracted and used by the operator or transferred to or used by a related entity and the estimated total fair market value of such minerals; and

(f) The number of tons of other commercially valuable minerals extracted and stockpiled by the operator.

(5) The report shall include projections for each mining area of the anticipated production of coal and of other minerals in the upcoming twelve-month period.

(6) The report shall be accompanied by documentation that a market will exist in the upcoming twelve-month period for each mineral other than coal on which the exemption is based. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate this standard.

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Chapter 1501:13-5 Review of Permits

Ohio Adm.Code 1501:13-5-01 Review, public participation, and approval or disapproval of permit applications and permit terms and conditions.

(A) Public notices of filing of permit applications, applications for significant revisions to permits, and applications for permit renewal.

(1) After the chief determines an application for a permit, for a significant revision to a permit, or for a permit renewal to be complete, the applicant shall place an advertisement in a local newspaper of general circulation in the locality of the proposed coal mining and reclamation operations at least once a week for four consecutive weeks. The advertisement shall contain, at a minimum, the following information:

(a) The name and business address of the applicant;

(b) A description which shall:

(i) Clearly describe towns, rivers, streams, or other bodies of water, local landmarks, and any other information, including routes, streets, or roads and accurate distance measurements, necessary to allow local residents to readily identify the proposed permit area;

(ii) Clearly describe the exact location and boundaries of the proposed permit area; and

(iii) State the name of the U.S. geological survey 7.5 minute quadrangle map(s) which contains the area described;

(c) The location where a copy of the application is available for public inspection under paragraph (A)(4) of this rule;

(d) The address of the "Division of Mineral Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229" to which written comments, objections, or requests for informal conferences on the application may be submitted under paragraph (B) of this rule and rule 1501:13-14-05 of the Administrative Code;

(e) If the application includes a road permit, approved by the road authority, to conduct coal mining operations within one hundred feet of the outside right-of-way of a public road or to relocate or close a public road, a concise statement describing the public road, the particular part to be relocated, where the relocation is to occur, and the approximate timing and duration of the relocation or closing;

(f) If the application includes a request for an experimental practice under rule 1501:13-4-12 of the Administrative Code, a statement indicating that an experimental practice is requested and identifying the rule of the Administrative Code for which a variance is requested; and

(g) If the application includes a request for restoration off the permit area by means of mitigation pursuant to rule 1501:13-13-08 of the Administrative Code, a statement indicating that such restoration is requested.

(2) Upon receipt of a complete application for a permit, for a significant revision to a permit or for a permit renewal, the chief shall issue written notification of:

(a) The applicant's intention to conduct coal mining and reclamation operations at a particularly described tract of land;

(b) The application or permit number;

(c) Where a copy of the application may be inspected; and

(d) Where comments on the application may be submitted under paragraph (B) of this rule.

(3) The written notification described in paragraph (A)(2) of this rule shall be sent to:

(a) Federal, state, and local government agencies with jurisdiction over or an interest in the area of the proposed operations;

(b) Government planning agencies with jurisdiction to act with regard to land use, air, or water quality planning in the area of the proposed operations;

(c) Sewage and water treatment authorities and water companies, either providing sewage or water services to users in the area of the proposed operations or having water sources or collection, treatment, or distribution facilities located in these areas;

(d) The federal or state government agencies with authority to issue all other permits and licenses needed by the applicant in connection with operations proposed in the application; and

(e) The board of county commissioners, the board of township trustees, the legislative authorities of municipal corporations, private water companies, regional councils of governments, and the boards of directors of conservancy districts in each county or part of a county in which the proposed operations are located.

(4) Availability of permit applications, applications for significant revisions to permits, and applications for permit renewal.

(a) The applicant shall make a full copy of the complete application for a permit, a significant permit revision, or a permit renewal available for the public to inspect and copy. This shall be done by filing a copy of the application submitted to the chief at the division of mineral resources management district office responsible for inspection of the proposed operation, or if no such office is maintained in the county where the mining is proposed to occur, the applicant shall file a copy of the application with the county recorder of that county or at the office of the natural resources conservation service of the United States department of agriculture located in the county where the mining is proposed to occur.

(b) The applicant shall file the copy of the complete application under paragraph (A)(4)(a) of this rule by the first date of newspaper advertisement of the application. The applicant shall file any subsequent changes to the application with the public office at the same time the change is submitted to the chief.

(B) Comments and objections on permit applications, applications for significant revisions to permits and applications for permit renewal.

(1) Within thirty days of notification by the chief, as provided under paragraph (A)(3) of this rule, written comments or objections on an application for a permit, significant revision to a permit, or permit renewal may be submitted to the chief by such public entities with respect to the effects of the proposed mining operations on the environment within their area of responsibility.

(2) Written comments regarding or objections to an application for a permit, significant revision to a permit, or permit renewal may be submitted to the chief by any person having an interest which is or may be adversely affected by the decision on the application, or by an officer or head of any federal, state or local government agency or authority, within thirty days after the last publication of the newspaper notice required under paragraph (A) of this rule.

(3) The chief shall, upon receipt of such written comments or objections, transmit a copy of such written comments or objections to the applicant and file a copy for public inspection at the same public office where the application is filed.

(C) Informal conferences. Any person having an interest which is or may be adversely affected by the issuance of or significant revision to a permit, or by the renewal of a permit, or the officer or head of any federal, state or local government agency or authority may, in writing, within thirty days after the last publication of the newspaper notice required under paragraph (A) of this rule, request that the chief hold an informal conference in accordance with rule 1501:13-14-05 of the Administrative Code.

(D) Review of permit applications, applications for revisions to permits, and applications for permit renewals.

(1) Preliminary review by the chief.

(a) The chief shall review the complete application and any written comments or written objections submitted, and records of any informal conference held under rule 1501:13-14-05 of the Administrative Code.

(b) The applicant for a permit, revision to a permit, or permit renewal shall have the burden of establishing that the application is in compliance with all of the requirements of Chapter 1513. of the Revised Code and these rules.

(2) Time frames for review.

(a) If there has been no informal conference held pursuant to section 1513.071 of the Revised Code, the chief shall submit to the applicant for a permit the written finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within the time frames established in paragraph (D)(2)(b) of this rule. If there has been an informal conference held pursuant to section 1513.071 of the Revised Code, the chief shall submit to the applicant for a permit the written finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within the time frames established in paragraph (B)(3) of rule 1501:13-14-05 of the Administrative Code and paragraph (D)(2)(b) of this rule.

(b) The chief shall grant or deny a permit not later than two hundred forty business days after the submission of a complete application for the permit. Any time during which the applicant is making revisions to the application or providing additional information requested by the chief regarding an application shall not be included in the two hundred forty business days. If the chief determines that a permit cannot be granted or denied within the two-hundred-forty-business-day time frame, the chief, not later than two hundred ten business days after the submission of a complete application for the permit, shall provide the applicant with written notice of the expected delay.

(3) If the chief decides to approve the application, he or she shall require that the applicant file the performance security before the permit is issued, in accordance with the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(4) The chief shall determine, based on the list of violation notices submitted as part of the application under paragraph (C)(3) of rule 1501:13-4-03 of the Administrative Code or on available information concerning federal or state failure-to-abate cessation orders, unabated federal or state imminent harm cessation orders, delinquent civil penalties issued pursuant to rule 1501:13-14-03 of the Administrative Code or section 518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), delinquent abandoned mine reclamation fees, or forfeitures of a coal mining bond, performance security, or similar security deposited in lieu of a bond in this or any other state or with the United States where the violations upon which the forfeitures were based have not been corrected, that any coal mining operation owned or controlled by the applicant or by any person who owns or controls the applicant is not currently in violation of any law, rule, or regulation of the United States or any state law, rule or regulation enacted pursuant to federal law, rule or regulation pertaining to air or water environmental protection. If this determination cannot be made, the chief shall not issue the permit. The chief shall require the applicant, before the issuance of the permit, to either:

(a) Submit to the chief proof that the violation has been corrected or is in the process of being corrected to the satisfaction of the agency that has jurisdiction over the violation, and submit to the chief proof that any civil penalties owed to the state for a violation not the subject of an appeal have been paid; or

(b) Establish for the chief that the applicant, or any person owned or controlled by either the applicant or any person who owns or controls the applicant, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of that violation. If the administrative or judicial hearing authority affirms the violation, then any coal mining operations being conducted under a permit issued according to this paragraph shall be immediately terminated, unless and until the provisions of paragraph (D)(4)(a) of this rule are satisfied.

(5) For the purposes of paragraph (D)(4) of this rule, the chief may presume that, in the absence of a failure-to-abate cessation order, a notice of violation issued pursuant to paragraph (B) of rule 1501:13-14-02 of the Administrative Code or under any equivalent state or federal law, rule or regulation has been or is being corrected to the satisfaction of the agency with jurisdiction over the violation, except where evidence to the contrary is set forth in the permit application, or where the notice of violation is issued for nonpayment of abandoned mine reclamation fees or civil penalties.

(6) No permit shall be issued to an applicant if a determination is made by the chief that the applicant, anyone who owns or controls the applicant, or the operator specified in the application controls or has controlled mining operations with a demonstrated pattern of willful violations of Chapter 1513. of the Revised Code and these rules of a nature and duration to result in irreparable damage to the environment as to indicate an intent not to comply with or a disregard of Chapter 1513. of the Revised Code or division 1501:13 of the Administrative Code.

(7) Any permit that is issued on the basis of proof submitted under paragraph (D)(4)(a) of this rule that a violation is in the process of being corrected, or pending the outcome of an appeal described in paragraph (D)(4)(b) of this rule, shall be conditionally issued.

(8) Subsequent to the effective date of this rule, the prohibitions of paragraph (D)(4) of this rule regarding the issuance of a new permit, shall not apply to any violation that:

(a) Occurs after that date;

(b) Is unabated; and

(c) Results from an unanticipated event or condition that arises from a surface coal mining and reclamation operation on lands that are eligible for remining under a permit:

(i) Issued pursuant to paragraph (L) of rule 1501:13-4-12 of the Administrative Code; and

(ii) Held by the person making application for the new permit.

(d) For permits issued under paragraph (L) of rule 1501:13-4-12 of the Administrative Code, an event or condition shall be presumed to be unanticipated for the purposes of this paragraph if it:

(i) Arose after permit issuance;

(ii) Was related to prior mining; and

(iii) Was not identified in the permit.

(E) Criteria for approval or denial of an application. No application for a permit, significant revision to a permit, or permit renewal shall be approved unless the application affirmatively demonstrates, and the chief finds, in writing, on the basis of information set forth in the application or from information otherwise available, that is documented in the approval and made available to the applicant, that:

(1) The application is accurate and complete and that all requirements of Chapter 1513. of the Revised Code and all rules adopted thereunder have been complied with;

(2) The applicant has demonstrated that coal mining and reclamation operations, as required by Chapter 1513. of the Revised Code and all rules adopted thereunder, can be feasibly accomplished under the mining and reclamation operations plan contained in the application;

(3) The assessment of the probable cumulative hydrologic impacts of all anticipated coal mining in the general area on the hydrologic balance, as described in divisions (B)(1)(k) and (E)(2)(c) of section 1513.07 of the Revised Code, has been made by the chief and the operations proposed under the application have been designed to prevent material damage to the hydrologic balance outside the proposed permit area;

(4) The proposed permit area is:

(a) Not included within an area designated unsuitable for coal mining operations under rule 1501:13-3-07 of the Administrative Code;

(b) Not within an area under study for designation as unsuitable for coal mining operations in an administrative proceeding begun under rule 1501:13-3-07 of the Administrative Code, unless the applicant demonstrates that, before January 4, 1977, substantial legal and financial commitments were made in relation to the operation for which the applicant is applying for a permit;

(c) Not on any lands subject to the prohibitions or limitations of paragraph (A)(1), (A)(2), (A)(6), (A)(7) or (A)(8) of rule 1501:13-3-03 of the Administrative Code;

(d) Not within one hundred feet of the outside right-of-way line of any public road, except as provided for in paragraph (C) of rule 1501:13-3-04 of the Administrative Code; and

(e) Not within three hundred feet from any occupied dwelling, except as provided for in paragraph (A)(5) of rule 1501:13-3-03 or paragraph (D) of rule 1501:13-3-04 of the Administrative Code;

(5) The proposed operations will not adversely affect any publicly owned parks or places included in the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, except as provided for in paragraph (A)(3) of rule 1501:13-3-03 of the Administrative Code. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html;

(6) For operations involving the mining of coal where the private mineral estate to be mined has been severed from the private surface estate and surface disturbance will result from the applicant's proposed use of a surface mining method, the applicant has submitted to the chief the documentation required under paragraph (D)(3) of rule 1501:13-4-03 of the Administrative Code;

(7) The applicant has either:

(a) Submitted the proof required by paragraph (D)(4)(a) of this rule; or

(b) Made the demonstration required by paragraph (D)(4)(b) of this rule;

(8) The applicant has submitted proof, by affidavit and supporting documentation, that all reclamation fees from previous and existing operations as required by Subchapter R of Chapter VII of Title 30 of the Federal Code of Regulations have been paid;

(9) The coal mining and reclamation operations to be performed under the permit will not be inconsistent with other such operations anticipated to be performed during the same permit term in areas adjacent to the proposed permit area;

(10) The applicant will submit the performance security required under Chapter 1513. of the Revised Code and these rules prior to the issuance of the permit;

(11) The applicant has, with respect to prime farmland, obtained either a negative determination or satisfied the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code;

(12) The proposed postmining land use of the permit area has been approved by the chief in accordance with the requirements of rule 1501:13-9-17 of the Administrative Code;

(13) The chief has made all specific approvals required under division 1501:13 of the Administrative Code;

(14) The operations are not likely to jeopardize the continued existence of endangered or threatened species or are not likely to result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.);

(15) The applicant has satisfied the applicable permit requirements for special categories of mining under requirements of rule 1501:13-4-12 of the Administrative Code;

(16) The chief has taken into account the effect of the proposed permitting action on properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (E)(5) of this rule. Some of the ways in which the chief may take into account the effect of the proposed permitting action on such historic resources include, but are not limited to:

(a) Imposing permit conditions which protect the historic resource;

(b) Requiring revision of the proposed operation plan before application approval; and

(c) Concluding in a written finding that no protection measures are necessary;

(17) The applicant has demonstrated that any existing structure will comply with the requirements of paragraph (C) of rule 1501:13-1-01 of the Administrative Code and the applicable performance standards of division 1501:13 of the Administrative Code;

(18) For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements of paragraph (L)(3) of rule 1501:13-9-14 of the Administrative Code, the site of the operation is a previously mined area as defined in rule 1501:13-1-02 of the Administrative Code; and

(19) For operations which will include remining areas under paragraph (L) of rule 1501:13-4-12 of the Administrative Code, the application includes:

(a) Lands eligible for remining;

(b) An identification of the potential environmental and safety problems related to prior mining activity which could reasonably be anticipated to occur at the site; and

(c) Mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation as required by the applicable requirements of Chapter 1513. of the Revised Code can be accomplished.

(F) Final compliance review. After an application is approved, but before the permit is issued, the chief shall reconsider his or her decision to approve the application, based on the compliance review required by paragraph (D)(4) of this rule in light of any new information submitted under paragraphs (B)(11) and (C)(5) of rule 1501:13-4-03 of the Administrative Code.

(G) Conditions of permits: general and right of entry. Each permit issued by the chief shall ensure and contain specific conditions requiring that:

(1) Except to the extent that the chief otherwise directs in the permit that specific actions be taken, the permittee shall conduct all coal mining and reclamation operations as described in the complete application;

(2) The permittee shall allow the authorized representatives of the secretary of the department of the interior, including, but not limited to, inspectors and fee compliance officers, and the chief and his or her authorized representatives, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to:

(a) Have the rights of entry provided for in paragraph (B) of rule 1501:13-14-01 of the Administrative Code; and

(b) Be accompanied by private persons for the purpose of conducting an inspection in accordance with rule 1501:13-14-01 of the Administrative Code when the inspection is in response to an alleged violation reported to the chief by the private person;

(3) The permittee shall conduct coal mining and reclamation operations only on those lands specifically designated on the maps submitted under rules 1501:13-4-04, 1501:13-4-05, 1501:13-4-07, 1501:13-4-08, 1501:13-4-08.1, 1501:13-4-13 and 1501:13-4-14 of the Administrative Code and approved for the term of the permit and which are subject to the performance security in effect pursuant to Chapter 1501:13-7 of the Administrative Code. The permit shall contain a specific condition to prohibit the commencement of coal mining operations on any land that is located within the permit area or the shadow area if the permittee has not provided to the chief documents that form the basis of the permittee's legal right to enter and conduct coal mining operations on that land;

(4) The permittee shall not operate without adequate performance security coverage in effect at all times; and

(5) Within thirty days after a cessation order is issued under rule 1501:13-14-02 of the Administrative Code or 30 C.F.R. 843.11, for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect, the permittee shall submit to the chief the following information, current to the date the cessation order was issued, or notify the chief in writing that there has been no change since the immediately preceding submittal of such information:

(a) Any new information needed to correct or update the information previously submitted to the chief by the permittee under paragraph (B)(5) of rule 1501:13-4-03 of the Administrative Code; or

(b) If not previously submitted, the information required from a permit applicant by paragraph (B)(5) of rule 1501:13-4-03 of the Administrative Code.

(H) Conditions of permits: environment, public health and safety. Each permit issued by the chief shall ensure and contain specific conditions requiring that:

(1) The permittee shall take all possible steps to minimize any adverse impacts to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including, but not limited to:

(a) Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance;

(b) Immediate implementation of measures necessary to comply; and

(c) Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance;

(2) The permittee shall dispose of solids, sludge, filter backwash, or pollutants removed in the course of treatment or control of waters or emissions to the air in the manner required by Chapter 1513. of the Revised Code and all rules adopted thereunder and which prevents violation of any other applicable state or federal law;

(3) The permittee shall conduct his or her operations:

(a) In accordance with any measures specified in the permit as necessary to prevent significant, imminent environmental harm to the health and safety of the public; and

(b) Utilizing any methods specified in the permit by the chief in approving alternative methods of compliance with the performance standards of Chapter 1513. of the Revised Code and all rules adopted thereunder;

(4) As applicable, the permittee shall comply with paragraph (C) of rule 1501:13-1-01 of the Administrative Code and with the permanent or interim program requirements of division 1501:13 of the Administrative Code for compliance, modification, or abandonment of existing structures; and

(5) The permittee shall pay all reclamation fees, as required by Subchapter R of Chapter VII of Title 30 of the Federal Code of Regulations for coal produced under the permit for sale, transfer or use.

(I) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-05

(A) Procedure for request for informal conference. Any person whose interests are or may be adversely affected by the issuance of a permit, the issuance of a significant revision to a permit or the renewal of a permit, or the officer or head of any federal, state or local government agency or authority, or any permittee whose performance security amount is proposed to be adjusted in accordance with paragraph (E) of rule 1501:13-7-02 of the Administrative Code, may, in writing, request that the chief hold an informal conference on the application for a permit or application for significant revision or renewal of a permit or on the proposed performance security adjustment. The request shall:

(1) Briefly summarize the issues to be raised at the conference by the person requesting the conference; and

(2)

(a) Be filed with the chief not later than thirty days after the last publication of the newspaper advertisement placed by the applicant under paragraph (A)(1) of rule 1501:13-5-01 of the Administrative Code; or

(b) Be filed with the chief not later than thirty days after receipt by the permittee of the proposed performance security adjustment.

(B)

(1) Except as provided in paragraph (C) of this rule, if an informal conference is requested in accordance with paragraph (A) of this rule, the chief shall hold an informal conference within a reasonable time not to exceed sixty days following:

(a) The close of the comment period required by paragraph (B)(1) of rule 1501:13-5-01 of the Administrative Code for a permit application, an application for significant revision to a permit or an application for renewal of a permit; or

(b) Receipt by the permittee of a performance security adjustment under paragraph (E) of rule 1501:13-7-02 of the Administrative Code.

(2) The informal conference shall be conducted as follows:

(a) The conference shall be held in the county where the largest portion of the area permitted or to be permitted is located;

(b) The date, time, and location of the informal conference shall be sent to the applicant or permittee and other parties to the conference and advertised by the chief in a newspaper of general circulation in the locality of the proposed permit or existing permit at least two weeks prior to the scheduled conference;

(c) If requested, in writing, by the person requesting the conference at a reasonable time prior to the conference, the chief may arrange with the applicant or permittee to grant parties to the conference access to the proposed permit or existing permit area and, to the extent that the applicant or permittee has the right to grant access to it, to the adjacent area, prior to the established date of the conference for the purpose of gathering information relevant to the conference; and

(d) The conference shall be conducted by the chief or a representative of the chief. The chief or his or her representative may accept oral or written statements and any other relevant information from any party to the conference. An electronic or stenographic record shall be made of the conference proceeding, unless waived by all the parties. The record shall be maintained and shall be accessible to the parties of the conference until final release of the applicant's or permittee's performance security required by Chapter 1513. of the Revised Code and these rules.

(3) If the informal conference has been held pursuant to section 1513.071 of the Revised Code, the chief shall issue and furnish the applicant for a permit, persons who participated in the informal conference, and persons who filed written objections pursuant to division (B) of section 1513.071 of the Revised Code, with the written finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within sixty days of the conference, provided that the chief shall comply with the time frames established in paragraph (D)(2)(b) of rule 1501:13-5-01 of the Administrative Code.

(C) If all persons requesting the informal conference stipulate agreement prior to the requested informal conference and withdraw their request, the informal conference need not be held.

(D) Conferences for reclamation phase approvals and performance security releases are subject to rule 1501:13-7-08 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-12

(A) Scope. This rule establishes the minimum requirements for permits for certain categories of coal mining and reclamation operations. These requirements are in addition to the general permit requirements contained in Chapter 1501:13-4 of the Administrative Code. All of the provisions of Chapter 1501:13-4 of the Administrative Code apply to such operations, unless otherwise specifically provided in this rule.

(B) Experimental mining practices.

(1) "Experimental practices," as used in this rule, means the use of alternative coal mining and reclamation operation practices for experimental or research purposes. Experimental practices need not comply with specific environmental protection performance standards of these rules, if approved pursuant to paragraph (B) of this rule.

(2) No person shall engage in or maintain any experimental practice, unless that practice is first approved in a permit by the chief and the director of the office of surface mining.

(3) Each person who desires to conduct an experimental practice shall submit a permit application for the approval of the chief and the director of the office of surface mining. The permit application shall contain descriptions, maps, plans, and data which show:

(a) The nature of the experimental practice, including a description of the performance standards for which variances are requested, the duration of the experimental practice, and the special monitoring which will be conducted;

(b) How use of the experimental practice:

(i) Encourages advances in mining and reclamation technology; or

(ii) Allows a postmining land use for industrial, commercial, residential, or public use (including recreational facilities), on an experimental basis, when the results are not otherwise attainable under Chapter 1513. of the Revised Code and rules adopted thereunder;

(c) That the mining and reclamation operations proposed for using an experimental practice are not larger nor more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice;

(d) That the experimental practice:

(i) Is potentially more, or at least as, environmentally protective during and after the proposed mining and reclamation operations as those practices otherwise required under division 1501:13 of the Administrative Code; and

(ii) Will not reduce the protection afforded public health and safety below that provided by the requirements of division 1501:13 of the Administrative Code; and

(e) That the applicant will conduct special monitoring with respect to the experimental practice during and after the operations involved. The monitoring program shall:

(i) Ensure the collection, analysis and reporting of sufficient and reliable data to enable the chief and the director of the office of surface mining to make adequate comparisons with other coal mining and reclamation operations employing similar experimental practices; and

(ii) Include requirements designed to identify, as soon as possible, potential risks to the environment and public health and safety from the use of the experimental practice.

(4) Each application shall set forth the environmental protection performance standards of division 1501:13 of the Administrative Code which will be implemented in the event the objective of the experimental practice is a failure.

(5) All experimental practices for which variances are sought shall be specifically identified through newspaper advertisements by the applicant and the written notifications by the chief required in sections 1513.07 and 1513.071 of the Revised Code.

(6) No permit authorizing an experimental practice shall be issued, unless the chief first finds, in writing, upon the basis of both a complete application filed in accordance with the requirements of paragraph (B) of this rule and the concurrence of the director of the office of surface mining that:

(a) The experimental practice meets all of the requirements of paragraph (B)(3) of this rule;

(b) The experimental practice has been specifically approved, in writing, by the director of the office of surface mining based on the director's findings that all of the requirements of paragraph (B)(3) of this rule will be met;

(c) The experimental practice is based on a clearly defined set of objectives which can reasonably be expected to be achieved; and

(d) The permit contains conditions which specifically:

(i) Limit the experimental practice authorized to that granted by the chief and the director of the office of surface mining;

(ii) Impose enforceable alternative environmental protection requirements; and

(iii) Require the person to conduct the periodic monitoring, recording and reporting program set forth in the application, with such additional requirements as the chief or the director of the office of surface mining may require.

(7) Each permit which authorizes the use of an experimental practice shall be reviewed in its entirety by the chief at a frequency set forth in the approved permit but no less frequently than every two and one-half years. After review, the chief may require such reasonable revision or modification of the permit provisions necessary to ensure that the operations involved are conducted to protect fully the environment and public health and safety. Copies of the decision of the chief shall be provided to the permittee and be subject to review as provided by section 1513.13 of the Revised Code.

(C) Mountaintop removal mining.

(1) Any person who conducts or intends to conduct surface mining operations by mountaintop removal mining shall apply for a variance from approximate original contour restoration requirements in accordance with the requirements of paragraph (C) of this rule.

(2) The chief may issue a permit for mountaintop removal mining, including a variance from the requirements of rule 1501:13-9-14 of the Administrative Code regarding approximate original contour, if he or she first finds, in writing, on the basis of a complete application, that the following requirements are met:

(a) The proposed postmining land use of the lands to be affected will be an industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use and if:

(i) After consultation with the appropriate land use planning agencies, if any, the proposed land use is deemed by the chief to constitute an equal or better economic or public use of the affected land compared with the premining use;

(ii) The applicant demonstrates compliance with the requirements for acceptable alternative postmining land uses of rule 1501:13-9-17 of the Administrative Code;

(iii) The proposed use would be compatible with adjacent land uses and existing state and local land use plans and programs; and

(iv) The chief has provided, in writing, an opportunity of not more than sixty days to review and comment on such proposed use to the local government in whose jurisdiction the land is located and any state or federal agency which the chief, in his or her discretion, determines to have an interest in the proposed use;

(b) The applicant has demonstrated that, in place of restoration of the land to be affected to the approximate original contour under rule 1501:13-9-14 of the Administrative Code, the operation will be conducted in compliance with the requirements of rule 1501:13-13-04 of the Administrative Code;

(c) The requirements of rule 1501:13-13-04 of the Administrative Code are made a specific condition of the permit;

(d) All other requirements of Chapter 1513. of the Revised Code and these rules are met by the proposed operations; and

(e) The permit is clearly identified as being for mountaintop removal mining.

(3) Review of special permits.

(a) Any permits incorporating a variance issued under paragraph (C) of this rule shall be reviewed by the chief to evaluate the progress and development of the mining operations to establish that the operator is proceeding in accordance with the terms of the variance:

(i) Within the sixth month preceding the third year from the date of its issuance;

(ii) Before each permit renewal; and

(iii) Not later than the middle of each permit term.

(b) Any review required under paragraph (C)(3) of this rule need not be held if the permittee has demonstrated and the chief finds, in writing, within three months before the scheduled review, that all operations under the permit are proceeding and will continue to be conducted in accordance with the terms of the permit and requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(c) The chief may modify the terms and conditions of a permit for mountaintop removal mining at any time if he or she determines that more stringent measures are necessary to ensure that the operation involved is conducted in compliance with the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(D) Steep slope mining.

(1) Any person who conducts or intends to conduct steep slope coal mining and reclamation operations shall comply with the requirements of paragraph (D) of this rule except in any of the following situations:

(a) An operator proposes to conduct coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain or predominantly flat area, but on which an occasional steep slope is encountered as the mining operation proceeds;

(b) A person obtains a permit under the provisions of paragraph (C) of this rule; or

(c) To the extent that a person obtains a permit incorporating a variance under paragraph (E) of this rule.

(2) Any application for a permit for coal mining and reclamation operations covered by paragraph (D) of this rule shall contain sufficient information to establish that the operations will be conducted in accordance with the requirements of rule 1501:13-13-05 of the Administrative Code.

(3) No permit shall be issued for any operations covered by paragraph (D) of this rule unless the chief finds, in writing, that in addition to meeting all other requirements of this rule, the operation will be conducted in accordance with the substantive requirements of rule 1501:13-13-05 of the Administrative Code.

(E) Permits incorporating variances from approximate original contour restoration requirements. The chief may, under paragraph (E) of this rule, issue a permit for non-mountaintop removal, steep slope, mining which includes a variance from the requirements of rules 1501:13-9-14 and 1501:13-13-05 of the Administrative Code regarding approximate original contour restoration requirements.

(1) The chief may issue a permit for coal mining incorporating a variance under paragraph (E) of this rule only if he or she first finds, in writing, on the basis of a complete application, that all of the following requirements are met:

(a) The applicant has demonstrated that the purpose of the variance is to make the lands to be affected within the permit area suitable for an industrial, commercial, residential, or public postmining land use (including recreational facilities);

(b) The proposed use, after consultation with the appropriate land use planning agencies, if any, constitutes an equal or better economic or public use;

(c) The applicant has demonstrated compliance with the requirements for acceptable alternative postmining land uses of rule 1501:13-9-17 of the Administrative Code;

(d) The applicant has demonstrated that the watershed of lands within the proposed permit area and adjacent areas will be improved by the operations. The watershed will only be deemed improved if:

(i) There will be a reduction in the amount of total suspended solids or other pollutants discharged to ground or surface waters from the permit area as compared to such discharges prior to mining, so as to improve public or private uses or the ecology of such waters, or there will be reduced flood hazards within the watershed containing the permit area by reduction of peak flow discharges from precipitation events or thaws;

(ii) The total volume of flows from the proposed permit area, during every season of the year, will not vary in a way that adversely affects the ecology of any surface water or any existing or planned use of surface or ground water; and

(iii) The appropriate Ohio environmental agency approves the plan;

(e) The proposed use is designed and certified by an engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site;

(f) The highwall is to be completely backfilled with spoil material, in a manner which results in a static safety factor of at least 1.3, using standard geotechnical analysis;

(g) Only the amount of spoil necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of Chapter 1513. of the Revised Code and rules adopted thereunder is to be placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with rule 1501:13-9-07 of the Administrative Code;

(h) Federal, state and local government agencies with an interest in the proposed land use have an adequate period in which to review and comment on the proposed use;

(i) The applicant has demonstrated that the owner of the surface of the lands within the permit area has knowingly requested, in writing, as part of the application, that a variance be granted. The request shall be made separately from any surface owner consent given for the operations under paragraph (D) of rule 1501:13-4-03 of the Administrative Code and shall show an understanding that the variance could not be granted without the surface owner's request; and

(j) All other requirements of Chapter 1513. of the Revised Code and rules adopted thereunder will be met by the proposed operations.

(2) If a variance is granted under paragraph (E) of this rule:

(a) The requirements of paragraph (E) of this rule shall be made a specific condition of the permit; and

(b) The permit shall be specifically marked as containing a variance from approximate original contour.

(3) Any permits incorporating a variance issued under paragraph (E) of this rule shall be reviewed by the chief to evaluate the progress and development of the mining operations and to establish that the operator is proceeding in accordance with the terms of the variance:

(a) Within the sixth month preceding the third year from the date of its issuance;

(b) Before each permit renewal; and

(c) Not later than the middle of each permit term.

(4) If the permittee demonstrates to the chief at any of the times specified in paragraph (E)(3) of this rule that the operations involved have been and continue to be conducted in compliance with the terms and conditions of the permit, the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code, the review required at that time need not be held.

(5) The terms and conditions of a permit incorporating a variance under paragraph (E) of this rule may be modified at any time by the chief if he or she determines that more stringent measures are necessary to ensure that the operations involved are conducted in compliance with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder.

(F) Prime farmlands.

(1) Paragraph (F) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations on prime farmlands used for cropland. It does not apply to lands included in any existing coal mining operations for which a permit was issued for all or any part thereof prior to August 3, 1977, provided that:

(a) Such lands are part of a single continuous coal mining operation begun under a permit issued before August 3, 1977;

(b) The permittee had a legal right to mine the lands prior to August 3, 1977, through ownership, contract, or lease but not including an option to buy, lease, or contract; and

(c) The lands contain part of a continuous recoverable coal seam that was being mined in a single continuous mining pit or multiple pits if the lands are proven to be part of a single continuous coal mining operation begun under a permit issued prior to August 3, 1977.

(d) For purposes of paragraph (F) of this rule:

(i) A pit shall be deemed to be a single continuous mining pit even if portions of the pit are crossed by a road, pipeline, railroad, or powerline or similar crossing; and

(ii) A single continuous coal mining operation is presumed to consist only of a single continuous mining pit under a permit issued prior to August 3, 1977, but may include non-contiguous parcels if the operator can prove by clear and convincing evidence that, prior to August 3, 1977, the non-contiguous parcels were part of a single permitted operation. For the purposes of this paragraph, clear and convincing evidence includes, but is not limited to, contracts, leases, deeds, or other properly executed legal documents (not including options) that specifically treat physically separate parcels as one coal mining operation.

(2) Application contents for prime farmland. If land within the proposed permit area is identified as prime farmland under paragraph (J) of rule 1501:13-4-04 or paragraph (J) of rule 1501:13-4-13 of the Administrative Code, the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, at a minimum:

(a) A soil survey of the permit area according to the standards of the national cooperative soil survey and in accordance with the procedures set forth in the United States department of agriculture handbooks 436 ("Soil Taxonomy," second edition, 1999) and 18 ("Soil Survey Manual," fourth edition, 2017);

(i) These publications are hereby incorporated by reference. Agriculture handbooks 436 ("Soil Taxonomy") and 18 ("Soil Survey Manual") are available under technical references on the natural resources conservation service website: https://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ref/?cid=stelprdb1247805. Copies of these documents are also available from "NRCS Distribution Center" at https://nrcspad.sc.egov.usda.gov/DistributionCenter/; e-mail nrcsdistributioncenter@ia.usda.gov; or call (888) 526-3227;

(ii) The soil survey shall include a description of soil mapping units and a representative soil profile description as determined by the U.S. natural resources conservation service, including, but not limited to, soil-horizon depths, pH, and the range of soil densities for each prime farmland soil unit within the permit area. Other representative soil profile descriptions from the locality, prepared in conjunction with the national cooperative survey, may be used if their use is approved by the state conservationist, U.S. natural resources conservation service;

(b) The proposed method and type of equipment to be used for removal, storage, and replacement of the soil in accordance with rule 1501:13-13-03 of the Administrative Code;

(c) The method to be employed in avoiding excessive compaction in the replacement of soil;

(d) The location of areas to be used for the separate stockpiling of the soil and plans for soil stabilization before redistribution;

(e) Plans for seeding or cropping the final graded disturbed land and the conservation practices to be used to adequately control erosion and sedimentation and to restore an adequate soil moisture regime, during the period from completion of regrading until release of the performance security as required by Chapter 1513. of the Revised Code and these rules. Proper adjustments for seasons must be proposed so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions;

(f) Available agricultural school studies or other scientific data for areas with comparable soils, climate, and management (including water management) that demonstrate that the proposed method of reclamation will achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before mining;

(g) A demonstration that the applicant has the technological capability to restore the prime farmland to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management; and

(h) In all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as non-mined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to paragraph (F)(2)(a) of this rule.

(3) Consultation with the United States secretary of agriculture. Before any permit is issued for areas that include prime farmlands, the chief shall consult with the United States secretary of agriculture. The United States secretary of agriculture shall provide for review of and comment on the proposed method of soil reconstruction in the plan submitted under paragraph (F)(2) of this rule. If the United States secretary of agriculture considers those methods to be inadequate, he or she shall suggest revisions resulting in more complete and adequate reconstruction. The United States secretary of agriculture has assigned his or her responsibilities under this rule to the administrator of the United States natural resources conservation service. The natural resources conservation service shall carry out consultation and review through the conservationist for the state of Ohio.

(4) Issuance of permit. A permit for the mining and reclamation of prime farmland may be granted by the chief, if he or she first finds, in writing, upon the basis of a complete application, that:

(a) The approved proposed post-mining land use of these prime farmlands will be cropland;

(b) The permit incorporates as specific conditions the contents of the plan submitted under paragraph (F)(2) of this rule, after consideration of any revisions to that plan suggested by the secretary of agriculture under paragraph (F)(3) of this rule;

(c) The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management;

(d) The proposed operations will be conducted in compliance with all of the requirements of rule 1501:13-13-03 of the Administrative Code and other environmental performance and reclamation standards for mining and reclamation of prime farmland; and

(e) The aggregate total prime farmland acreage will not be decreased from that which existed prior to mining. Permanent water bodies, if any, to be constructed during mining and reclamation operations will be located within the post-reclamation non-prime farmland portions of the permit area.

If the prime farmland acreage is to be restored in a location other than the premining location, the relocation must be approved by the chief and the permittee must obtain the consent of all affected surface owners.

(G) Variances for delay in contemporaneous reclamation requirement in combined surface and underground mining operations.

(1) Scope. Any person who conducts or intends to conduct combined surface mining and underground coal mining operations, where contemporaneous reclamation as required by rule 1501:13-9-13 of the Administrative Code is not practicable and a delay is requested to allow underground mining operations to be conducted before the reclamation operation for the surface mining operations can be completed, shall meet the requirements of paragraph (G) of this rule.

(2) The chief may allow the delay in reclaiming where the delay will allow underground mining operations to be conducted to ensure both maximum practical recovery of coal resources and to avoid multiple future disturbances of surface lands or waters.

(3) Application contents for variances. Any person who desires to obtain a variance under paragraph (G) of this rule shall file with the chief complete applications for both the surface mining and underground mining operations which are to be combined. The mining and reclamation operation plans for these permits shall contain appropriate narratives, maps and plans, which:

(a) Show why the proposed underground mining operations are necessary or desirable to assure maximum practical recovery of coal;

(b) Show how the multiple future disturbances of surface lands or waters will be avoided;

(c) Identify the specific surface areas for which a variance is sought and the particular provisions of Chapter 1513. of the Revised Code and these rules from which a variance is being sought;

(d) Show how the operations will comply with rule 1501:13-9-08 of the Administrative Code;

(e) Show why the variance sought is necessary for the implementation of the proposed underground mining operations;

(f) Provide an assessment of the adverse environmental consequences and damages, if any, that will result if the reclamation of coal mining operations is delayed; and

(g) Show how off-site storage of spoil will be conducted to comply with the applicable requirements of rule 1501:13-9-07 of the Administrative Code.

(4) Issuance of permit. A permit incorporating a variance under paragraph (G) of this rule may be issued by the chief if he or she first finds, in writing, upon the basis of a complete application filed in accordance with paragraph (G) of this rule, that:

(a) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations;

(b) The proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple future disturbances of surface land or waters;

(c) The applicant has satisfactorily demonstrated that the applications for the surface mining and underground mining operations conform to the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code, and that all other permits necessary for the underground mining operations have been issued by the appropriate authority;

(d) The surface area of the surface mining operations proposed for the variance has been shown by the applicant to be necessary for implementing the proposed underground mining operations;

(e) No substantial adverse environmental damage, either off-site or on-site, will result from the delay in completion of reclamation otherwise required by division (A)(15) of section 1513.16 of the Revised Code and Chapters 1501:13-9 to 1501:13-11 of the Administrative Code;

(f) The operations will, insofar as a variance is authorized, be conducted in compliance with the requirements of Chapter 1513. of the Revised Code and rule 1501:13-9-08 of the Administrative Code;

(g) Provisions for the placement of excess spoil will comply with the requirements of division (A)(21) of section 1513.16 of the Revised Code and rule 1501:13-9-07 of the Administrative Code;

(h) Liability under the performance security required to be filed by the applicant with the chief pursuant to Chapter 1513. of the Revised Code and these rules shall be for the duration of the underground mining operations and until all requirements of Chapter 1513. of the Revised Code and rules adopted thereunder have been complied with; and

(i) The permit for the surface mining operations contains specific conditions:

(i) Delineating the particular surface areas for which a variance is authorized; and

(ii) Providing a detailed schedule for compliance with the particular requirements of this rule.

(5) Review of permits containing variances. Variances granted under permits issued under paragraph (G) of this rule shall be reviewed by the chief no later than three years from the dates of issuance of the permit and any permit renewals.

(H) Augering.

(1) Paragraph (H) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations utilizing augering operations.

(2) Any application for a permit for operations covered by paragraph (H) of this rule shall contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with the provisions of rule 1501:13-13-02 of the Administrative Code.

(3) No permit shall be issued for any operations covered by paragraph (H) of this rule unless the chief finds, in writing, that in addition to meeting all other applicable requirements of this rule, the operation will be conducted in compliance with rule 1501:13-13-02 of the Administrative Code.

(I) Coal preparation plants or support facilities not located within the permit area of a specified mine.

(1) Paragraph (I) of this rule applies to any person who operates or intends to operate a coal preparation plan or support facility outside the permit area of any mine, other than such plants or facilities which are located at the site of ultimate coal use. Any person who operates such a preparation plant or support facility shall have obtained a permit from the chief in accordance with the requirements of paragraph (I) of this rule.

(2) Any application for a permit for operations covered by paragraph (I) of this rule shall contain in the mining and reclamation plan, specific plans, including descriptions, maps and cross sections of the construction, operation, maintenance and removal of the preparation plants and support facilities. The plan shall demonstrate that those operations will be conducted in compliance with rule 1501:13-13-06 of the Administrative Code. Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in sufficient detail for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(3) No permit shall be issued for any operation covered by paragraph (I) of this rule, unless the chief finds, in writing, that, in addition to meeting all other applicable requirements of Chapter 1501:13-4 of the Administrative Code, the operations will be conducted in compliance with the requirements of rule 1501:13-13-06 of the Administrative Code.

(J) In situ processing activities.

(1) Paragraph (J) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations utilizing in situ processing activities.

(2) Any application for a permit for operations covered by paragraph (J) of this rule shall be made according to all requirements of these rules applicable to underground mining operations. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing that those operations will be conducted in compliance with the applicable requirements of rule 1501:13-13-07 of the Administrative Code, including:

(a) Delineation of proposed holes and wells and production zone for approval of the chief;

(b) Specifications of drill holes and casings proposed to be used;

(c) A plan for treatment, confinement or disposal of all acid-forming, toxic-forming or radioactive gases, solids or liquids constituting a fire, health, safety, or environmental hazard caused by the mining and recovery process; and

(d) Plans for monitoring surface and ground water and air quality, as required by the chief.

(3) No permit shall be issued for operations covered by paragraph (J) of this rule unless the chief first finds, in writing, upon the basis of a complete application made in accordance with paragraph (I)(2) of this rule, that the operation will be conducted in compliance with all requirements of Chapter 1501:13-4 of the Administrative Code relating to underground mining operations and the requirements of Chapters 1501:13-9 to 1501:13-12 and rule 1501:13-13-07 of the Administrative Code.

(K) Permits incorporating variances from approximate original contour restoration requirements for remining operations on previously mined areas. The chief may issue a permit for remining operations on previously mined lands which includes a variance from the requirements of rule 1501:13-9-14 of the Administrative Code requiring elimination of highwalls, provided requirements of paragraph (K) of this rule are met.

(1) The operator of the remining operation shall demonstrate in writing to the chief that the volume of all reasonably available spoil is insufficient to completely backfill the reaffected or enlarged highwall.

(2) If the operator makes the proper demonstration to the chief under paragraph (K)(1) of this rule and the chief issues a permit with a variance for previously mined areas, the remining operation shall be conducted in accordance with the requirements of paragraph (L)(3) of rule 1501:13-9-14 of the Administrative Code.

(L) Lands eligible for remining. Paragraph (L) of this rule applies to any person who proposes to conduct coal mining and reclamation operations on areas eligible for remining. The requirements of this paragraph shall apply until September 30, 2004, or any later date authorized by federal law. The application for a permit containing areas proposed to be remined must include the following:

(1) A description of the proposed lands eligible for remining and a demonstration, to the satisfaction of the chief, how such lands meet the eligibility requirements specified by section 1513.37 of the Revised Code.

(2) Identification, to the extent not otherwise addressed in the permit application, of any potential environmental and safety problems related to the prior mining activity at the site which could be reasonably anticipated to occur. This identification shall be based on a due diligence investigation which shall include visual observations at the site, a record review of past mining at the site, and environmental sampling tailored to current site conditions.

(3) A description, with regard to potential environmental and safety problems identified in paragraph (L)(2) of this rule, of the mitigative measures that will be taken to ensure that the applicable reclamation requirements of Chapter 1513. of the Revised Code and rules adopted thereunder can be met.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-13-08

(A) General requirements.

(1) The permittee shall restore on the permit area streams and wetlands affected by mining operations unless the chief approves restoration off the permit area by means of mitigation pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule.

(2) An applicant's or permittee's request for restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule, submitted to the chief as part of an application for a permit or a revision to a permit, shall be subject to the requirements of these rules for applications for permits and revisions to permits.

(3) Areas off the permit area proposed for restoration shall be in compliance with paragraph (E) of rule 1501:13-9-04 of the Administrative Code.

(B) Hydrologic and engineering assessment. An applicant or permittee seeking approval of restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule shall submit a hydrologic and engineering assessment of the affected lands to the chief, on a form provided by the chief, as part of an application for a permit or revision to a permit. The hydrologic and engineering assessment of the affected lands shall include, as applicable, the following information:

(1) Identification of the stream (in linear feet) or the wetland (in acreage) that cannot be restored on the permit area;

(2) A detailed explanation of why restoration of the stream or wetland on the permit area is not possible, including the following:

(a) A description of available water sources and their potential for restoration;

(b) A description of methods such as compaction or lining of the streambed that have been considered and an assessment of why those methods are not viable options to reduce infiltration and restore the stream;

(c) One or more reclamation cross sections showing that each stream and wetland, or portion thereof, cannot be restored on the permit area. The cross section shall include the location of the final highwall and any aquifers;

(3) A discussion of how the permanent loss of the quality and quantity of the stream or wetland on the permit area will be addressed through the mitigation plan, including a description of the pre-mining uses of the stream or wetland and how disturbance to the hydrologic balance within the permit and adjacent areas will be minimized and how material damage outside the permit area will be prevented;

(4) A detailed explanation of how the permit area will not contribute to sediment load downstream without a defined stream; and

(5) Any other information needed for the chief to make a determination pursuant to paragraph (E)(1) of this rule.

(C) Proposed mitigation plan. An applicant or permittee seeking approval of restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule shall submit to the chief the proposed mitigation plan and proposed mitigation activities that the applicant or permittee intends to perform pursuant to a permit issued under sections 401 and 404 of the "Federal Water Pollution Control Act" as defined in section 6111.01 of the Revised Code or an isolated wetland permit issued under Chapter 6111. of the Revised Code or pursuant to a no-cost reclamation contract for the restoration of water resources affected by past mining activities pursuant to section 1513.37 of the Revised Code. The mitigation plan shall describe the mitigation activities for the stream or wetland, or the portion of the stream or wetland, for which restoration on the permit area is not possible and, as applicable, identify the location where mitigation activities off the permit area are to be constructed.

(D) Landowner notification. The applicant or permittee shall notify the owner of record of the surface of the permit area by certified mail or other method able to track receipt of delivery, on a form provided by the chief, that the applicant or permittee intends to request restoration off the permit area by means of mitigation for a stream or wetland or a portion of a stream or wetland that cannot be restored on the portion of the permit area owned by the owner of record. The applicant or permittee shall submit a copy of the landowner notification to the chief as part of the application for a permit or revision to a permit.

(E) Review by the chief.

(1) No request for restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule shall be approved unless the application affirmatively demonstrates, and the chief makes written determinations, on the basis of information set forth in the application or from information otherwise available, that is documented in the approval and made available to the applicant, that:

(a) The hydrologic and engineering assessment submitted under paragraph (B) of this rule demonstrates that restoration on the permit area is not possible;

(b) The proposed mitigation plan under which mitigation activities described in paragraph (C) of this rule will be conducted is limited to a stream or wetland, or a portion of a stream or wetland, for which restoration on the permit area is not possible;

(c) The mitigation activities off the permit area, including mitigation banking, payment of in-lieu mitigation fees or other alternative approved mitigation activities, will be performed pursuant to a permit issued under sections 401 and 404 of the "Federal Water Pollution Control Act" as defined in section 6111.01 of the Revised Code or an isolated wetland permit issued under Chapter 6111. of the Revised Code or pursuant to a no-cost reclamation contract for the restoration of water resources affected by past mining activities pursuant to section 1513.37 of the Revised Code; and

(d) The proposed mitigation plan and mitigation activities comply with the standards established in section 1513.16 of the Revised Code and these rules.

(2) The chief shall review any comments and any other relevant information received about the proposed restoration off the permit area.

(3) Review and approval or disapproval by the chief of a request for restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule is subject to the requirements of these rules for applications for permits and revisions to permits.

(F) Restoration off the permit area.

(1) If the chief approves restoration off the permit area by means of mitigation in accordance with division (A)(25) of section 1513.16 of the Revised Code and this rule, the permittee shall complete all mitigation construction or other activities required by the mitigation plan in the approved permit.

(2) Release of performance bond.

(a) If the chief approves restoration off the permit area by means of mitigation in accordance with division (A)(25) of section 1513.16 of the Revised Code and this rule, the chief shall release performance security for reclamation activities on the permit area pursuant to division (F) of section 1513.16 of the Revised Code, except that the chief shall not release the remaining portion of performance security under division (F)(3)(c) of section 1513.16 of the Revised Code prior to completion of construction, to the satisfaction of the chief, of the required mitigation activities off the permit area, as specified in the approved mitigation plan.

(b) If the approved mitigation plan includes only mitigation activities which require no construction, such as mitigation banking or payment of in-lieu mitigation fees or alternative mitigation approved in a permit issued under section 401 and 404 of the "Federal Water Pollution Control Act" as defined in section 6111.01 of the Revised Code or an isolated wetland permit issued under Chapter 6111. of the Revised Code, the chief, upon his or her approval of restoration off the permit area in accordance with division (A)(25) of section 1513.16 of the Revised Code and this rule, shall release performance security pursuant to division (F) of section 1513.16 of the Revised Code.

Last updated February 14, 2022 at 11:20 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-03

(A) Definition.

(1) For the purposes of this rule, a person "owned or controlled" or "owns or controls" a coal mining operation if, at any time:

(a) The person is the permittee of a coal mining operation;

(b) Based on instruments of legal or equitable ownership or voting securities, the person owns of record in excess of fifty per cent of an entity which conducts coal mining operations; or

(c) The person has any relationship which gives that person authority directly or indirectly to determine the manner in which an applicant, an operator, or other entity conducts coal mining operations.

(2) It will be presumed that a person "owns or controls" or "owned or controlled" a coal mining operation, unless it can be demonstrated that the person does not or did not in fact have the authority directly or indirectly to determine the manner in which the relevant coal mining operation is or was conducted if, at any time:

(a) The person is an officer or a director of an entity which conducts coal mining operations;

(b) The person is the operator of the coal mining operation;

(c) The person has the ability to commit the financial or real property assets or working resources of an entity which conducts coal mining operations;

(d) The person is a general partner in a partnership which conducts coal mining operations;

(e) Based on the instruments of legal or equitable ownership or the voting securities of a corporate entity which conducts coal mining operations, the person owns of record ten through fifty per cent of the entity; or

(f) The person owns or controls coal to be mined by another person under a lease, sublease or other contract; and

(i) Has the right to receive such coal after mining; or

(ii) Has the authority to determine the manner in which another person conducts that coal mining operation.

(B) Identification of interests.

(1) Each application shall contain the names, addresses, and telephone numbers, and either the employer identification numbers or the last four digits of the social security numbers of:

(a) The permit applicant;

(b) The operator, if the operator is a person different from the applicant; and

(c) The person who will pay the abandoned mine land reclamation fee.

(2) For a coal mining operation other than an underground mining operation, each application shall also contain the names and addresses of:

(a) Every legal or equitable owner of record of the property to be mined;

(b) The holders of record of any leasehold interest in the property to be mined; and

(c) Any purchaser of record under a real estate contract of the property to be mined.

(3) For an underground mining operation each application shall also contain the names and addresses of:

(a) Every legal or equitable owner of record of the areas to be affected by surface operations and facilities and every legal or equitable owner of record of the property to be mined;

(b) The holders of record of any leasehold interest in areas to be affected by surface operations or facilities and the holders of record of any leasehold interest in the coal to be mined; and

(c) Any purchaser of record under a real estate contract of areas to be affected by surface operations and facilities and any purchaser of record under a real estate contract of the coal to be mined.

(4) Each application shall contain a statement of whether the applicant is a corporation, partnership, single proprietorship, association or other business entity. Each application other than a single proprietorship shall contain the name, address and telephone numbers of the resident agent of the applicant who will accept service of process.

(5) For each person who owns or controls or owned or controlled the applicant according to paragraph (A) of this rule, the application shall contain the following information:

(a) The person's name and address, and either the last four digits of his or her social security number or his or her employer identification number;

(b) The person's ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure;

(c) The title of the person's position, the date that the position was assumed, and when this information is submitted under paragraph (I) of rule 1501:13-4-06 or paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code and the person is no longer employed in that position, the date of departure from the position;

(d) Each additional name and identifying number, including employer identification number or the last four digits of the social security number, and federal or state permit number and corresponding MSHA number, under which the person owns or controls, or previously owned or controlled, a coal mining and reclamation operation in the United States within the five-year period preceding the date of submission of the application; and

(e) The application number or other identifier of, and the regulatory authority for, any other pending coal mining operation permit application filed by the person in any state in the United States.

(6) If any owner, holder, purchaser, or operator identified under paragraphs (B)(1) to (B)(3) of this rule is a business entity other than a single proprietorship, the application shall contain the names and street addresses of their respective principals, officers, and resident agents.

(7) For any coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in paragraph (A) of this rule, the application shall include the operation's:

(a) Name, address, identifying numbers, including employer identification number, federal or state permit number and corresponding MSHA number, and the regulatory authority; and

(b) Ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure.

(8) Each application shall contain the names and addresses of the owners of record of all surface and subsurface areas contiguous to any part of the proposed permit area.

(9) Each application shall contain the name of the proposed mine and the MSHA identification numbers for all mine-associated structures that require MSHA approval.

(10) Each application shall contain a statement of all lands, interests in lands, options, or pending bids on interests held or made by the applicant for lands which are contiguous to the area to be covered by the permit. If requested by the applicant, any information required by this paragraph which is not on public file pursuant to Ohio law shall be held in confidence by the chief as provided under rule 1501:13-1-10 of the Administrative Code.

(11) After the applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under paragraphs (B)(1), (B)(4), (B)(5), (B)(7), and (J) of this rule.

(12) The applicant shall submit the information required by paragraphs (B) and (C) of this rule on a form prescribed by the chief.

(C) Violation information. Each application shall contain:

(1) A statement of whether the applicant or operator, or any subsidiary, affiliate, or persons controlled by or under common control with the applicant or operator has:

(a) Had a federal or state coal mining permit suspended or revoked during the five-year period preceding the date of submission of the application; or

(b) Forfeited a mining bond, performance security, or similar security deposited in lieu of bond.

(2) If any such suspension, revocation, or forfeiture has occurred, a statement of the facts involved, including:

(a) Identification number of the permit;

(b) Date of suspension, revocation, or forfeiture, and, when applicable, the amount of bond, performance security, or similar security forfeited;

(c) Identification of the regulatory authority that suspended or revoked the permit or forfeited the bond, performance security, or similar security, and the stated reasons for that action;

(d) The current status of the permit, or of the bond, performance security, or similar security involved; and

(e) The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation or forfeiture, and the current status of these proceedings.

(3) The applicant shall submit a listing of:

(a) Each violation notice, as that term is defined in rule 1501:13-1-02 of the Administrative Code, received by the applicant or operator in connection with any coal mining and reclamation operation during the three-year period preceding the date of submission of the application for violations of Chapter 1513. of the Revised Code or these rules, or of any law, rule, or regulation of the United States, or of any state law, rule, or regulation enacted pursuant to federal law, rule, or regulation, pertaining to air or water environmental protection; and

(b) All unabated violation notices received prior to the date of submission of the application incurred in connection with any coal mining and reclamation operation owned or controlled by either the applicant or the operator or by any person who owns or controls the applicant.

(4) For each violation notice reported under paragraph (C)(3)(a) or (C)(3)(b) of this rule, the application shall also contain:

(a) Any identifying numbers for the operation, including the federal or state permit number and associated MSHA number, the date of issuance and identification number of the violation notice, the name of the person to whom the violation notice was issued, and the name of the issuing regulatory authority, department, or agency;

(b) A brief description of the violation alleged in the violation notice;

(c) The date, location, and type of any administrative or judicial proceedings initiated concerning the violation notice, including, but not limited to, proceedings initiated by the applicant to obtain administrative or judicial review of the violations;

(d) The current status of the proceedings and of the violation notice;

(e) If the abatement period for a violation in a notice of violation issued under paragraph (B) of rule 1501:13-14-02 of the Administrative Code, or its equivalent for the federal or another state regulatory program, has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation; and

(f) For all violations not covered under paragraph (C)(4)(e) of this rule, the actions taken to abate or correct the violation.

(5) After the applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under paragraph (C) of this rule.

(D) Right of entry and operation information.

(1) Each application shall contain a notarized statement describing the documents upon which the applicant bases his or her legal right to enter and begin coal mining in the permit area, for surface mining operations, or in the permit and shadow areas, for underground mining operations, and whether that right is the subject of pending litigation. The notarized statement shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.

(2) Each application shall contain a notarized statement identifying the specific land for which the applicant is negotiating to acquire the legal right to enter and begin coal mining in the permit area, for surface mining operations, or in the permit and shadow areas, for underground mining operations, during the term of the permit and, when requested by the chief, signed statements from each landowner and mineral owner granting authorized representatives of the chief a right of entry to, upon, and through the areas of land upon which coal mining and reclamation operations are proposed.

(3) Where the private mineral estate to be mined has been severed from the private surface estate and surface disturbance will result from the applicant's proposed use of a surface mining method, the application shall also provide for lands within the permit area:

(a) A copy of the written consent of the surface owner to the surface disturbance that will result from the extraction of coal by the applicant's proposed surface mining method;

(b) A copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods that cause surface disturbance; or

(c) If the conveyance does not expressly grant the right to extract the coal by surface mining methods that cause disturbance, documentation that under state law, the applicant has the legal authority to extract the coal by those methods.

(4) Nothing in this rule shall be construed to afford the chief the authority to adjudicate property rights disputes.

(E) Relationship to areas designated unsuitable for mining.

(1) Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for coal mining operations under rule 1501:13-3-07 of the Administrative Code or under study for designation in an administrative proceeding under such rule.

(2) If an applicant claims the exemption provided in paragraph (B)(3) of rule 1501:13-3-05 of the Administrative Code, the application shall contain information supporting the applicant's assertion that it made substantial legal and financial commitments before January 4, 1977, concerning the proposed coal mining operations.

(3) If an applicant proposes to conduct coal mining operations within three hundred feet, measured horizontally, of an occupied dwelling, the application shall contain the waiver of the owner of the dwelling as required in paragraph (D) of rule 1501:13-3-04 of the Administrative Code.

(4) If an applicant proposes to conduct coal mining operations within one hundred feet, measured horizontally, of a public road, the application shall contain the road permit as required under paragraph (C) of rule 1501:13-3-04 of the Administrative Code.

(F) Permit term information.

(1) Each application shall state the anticipated or actual starting and termination date of each phase of the coal mining and the anticipated number of acres of land to be affected during the first year of mining and over the total life of the permit.

(2) Each application to conduct an underground mining operation shall also state the horizontal extent of proposed underground mine workings over the total life of the permit.

(3) If an applicant proposes a permit term in excess of five years, the application shall:

(a) Be complete and accurate covering the specified longer term; and

(b) Show that the proposed longer term is reasonably needed to allow the applicant to obtain financing for equipment and for the opening of the operation with the need confirmed, in writing, by the applicant's proposed source of financing.

(G) Identification of location of public office for filing of application. Each application shall identify, by name and address, the public office where the applicant will simultaneously file a copy of the application for public inspection as required by these rules.

(H) Newspaper advertisement and proof of publication. A copy of the newspaper advertisement of the application for a permit or renewal of a permit, or for revision of a permit if notice is required under paragraph (E) of rule 1501:13-4-06 of the Administrative Code, shall be filed with the chief and made a part of the complete application. A proof of publication shall be filed with the chief prior to approval of the permit application.

(I) Facilities or structures used in common.

The plans of a facility or structure that is to be shared by two or more separately permitted mining operations may be included in one permit application and referenced in the other applications. In accordance with Chapter 1501:13-7 of the Administrative Code, each permittee shall provide performance security for the facility or structure unless the permittees sharing it agree to another arrangement for assuming their respective responsibilities. If such agreement is reached, then the application shall include a copy of the agreement between or among the parties setting forth the respective performance security responsibilities of each party for the facility or structure. The agreement shall demonstrate to the satisfaction of the chief that all responsibilities under this chapter for the facility or structure will be met.

(J) Central file for identity information.

(1) The chief shall allow an applicant or permittee to meet the information submittal requirements of paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06, and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code, by submitting the required information to the chief, on a form provided by the chief, with an indication that the information in the form applies to all permits held by the applicant or permittee. The applicant or permittee shall swear or affirm, under oath and in writing, that all information provided pursuant to paragraph (J) of this rule is accurate and complete.

(2) The chief shall establish a central file to house the information submitted pursuant to paragraph (J) of this rule, rather than placing duplicate information in each application file for a permittee. The chief shall make the information in this central file available to the public upon request.

(3) Permittees shall update information in this central file according to the following:

(a) If the information already submitted to the chief under paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06 and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code is accurate and complete, the permittee shall certify to the chief, on a form provided by the chief, by swearing or affirming, under oath and in writing, that the information is accurate, complete, and up to date; or

(b) If part of the information already submitted to the chief under paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06 and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code is missing or incorrect, the permittee shall submit to the chief, on a form provided by the chief, the necessary information or corrections and swear or affirm, under oath and in writing, that the information is accurate and complete.

Last updated June 26, 2025 at 3:22 AM

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-03

(A) The chief shall review each notice of violation and cessation order in accordance with the assessment procedures described in this rule to determine whether a civil penalty shall be assessed, the amount of the penalty, and whether each day of a continuing violation will be deemed a separate violation for purposes of the total penalty assessed.

(B) The chief shall assess a penalty for each cessation order. In all other instances, the chief shall consider the factors listed in paragraph (C) of this rule in determining whether to assess a penalty.

(C) In determining the amount of the penalty, the chief shall consider:

(1) The permittee's history of previous violations at the particular coal mining operation;

(2) The seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public;

(3) Whether the permittee was negligent;

(a) "Negligence" means the failure of a permittee to prevent the occurrence of any violation of the conditions of the permit or Chapter 1513. of the Revised Code or rules adopted thereunder due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of the permit or the law due to indifference, lack of diligence, or lack of reasonable care;

(b) A "greater degree of fault than negligence" means reckless, knowing, or intentional conduct; and

(4) The demonstrated good faith of the permittee to whom the notice or order was issued in attempting to achieve rapid compliance after notification of the violation;

(a) "Rapid compliance" means that the person to whom the notice or order was issued took extraordinary measures to abate the violation in the shortest possible time and that abatement was achieved before the time set for abatement;

(b) "Normal compliance" means the person to whom the notice or order was issued abated the violation within the time given for abatement;

(c) If consideration of this criterion is impractical because of the length of the abatement period, the assessment may be made without considering this criterion and may be reassessed after the violation has been abated.

(D) Assessment of separate violations for each day.

(1) The chief may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the chief shall consider the factors listed in paragraph (C) of this rule and may consider the extent to which the person to whom the notice or order was issued gained any economic benefit as a result of a failure to comply.

(2) In addition to the civil penalty provided for in paragraph (D)(1) of this rule and pursuant to section 1513.02 of the Revised Code, whenever a violation contained in a notice of violation, cessation order or other order has not been abated within the abatement period in the order, a civil penalty of not less than seven hundred fifty dollars shall be assessed for each day during which such failure continues, provided that such penalty for the failure to abate a violation shall not be assessed for more than thirty days for each such violation. If the permittee has not abated the violation within the thirty-day period, the chief shall within the next thirty days take appropriate action pursuant to section 1513.17 or 1513.40 of the Revised Code, or division (D)(3) of section 1513.02 of the Revised Code, or division (A) of section 1513.15 of the Revised Code, to ensure that abatement occurs or to ensure that there will not be a reoccurrence of the failure to abate. If the person to whom the notice or order was issued initiates review proceedings with respect to the violation, the abatement period shall be extended as follows:

(a) If the chairman of the reclamation commission determines, in a temporary relief proceeding held under section 1513.13 of the Revised Code, that the person to whom the notice or order was issued will suffer irreparable loss or damage from the application of the requirements, the period permitted for abatement shall not end until the date on which the chairman of the reclamation commission issues a final order with respect to the violation in question; and

(b) If the person to whom the notice or order was issued initiates review proceedings under section 1513.14 of the Revised Code with respect to the violation in which the obligations to abate are stayed by the court, the daily assessment of a penalty shall not be made for any period before entry of a final order by the court.

(E) Procedures for assessment of civil penalties.

(1) The chief shall, within thirty days of the issuance of the notice or order, serve a copy of the proposed assessment, by certified mail or other method able to track receipt of delivery, on the person to whom the notice of violation or order was issued at the address specified in the sign required under paragraph (B) of rule 1501:13-9-01 of the Administrative Code, or at any address at which the person is in fact located. Service shall be deemed complete when the certified mail service requirements of paragraph (D)(1)(b) of rule 1501:13-14-02 of the Administrative Code are met.

(2) The recipient of the proposed assessment shall be advised of the right to an informal assessment conference under this rule.

(3) Within fifteen days of service of a notice of violation or order, the person to whom it was issued may submit written information about the violation to the chief and to the inspector who issued the notice of violation or cessation order. The chief shall consider any information so submitted in determining the facts surrounding the violation and the amount of the penalty.

(F) Informal assessment conference.

(1) Within fifteen days from the date upon which a proposed assessment is served, the person to whom the proposed assessment was issued may submit a written request to the chief for an informal assessment conference to contest the amount of the penalty. The informal assessment conference shall constitute the public hearing required by division (E)(2) of section 1513.02 of the Revised Code. A person who does not submit a timely request for an informal assessment conference shall be considered to have waived the opportunity for a conference. A timely request for an informal assessment conference under this rule shall toll the time permitted for appeal of the proposed assessment to the reclamation commission pursuant to section 1513.13 of the Revised Code.

(2) The chief shall appoint a conference officer to conduct the informal assessment conference. The conference officer shall be a person other than the inspector who issued the notice of violation upon which the penalty is based.

(3) The assessment conference shall not be governed by Chapter 119. of the Revised Code regarding the requirements for formal adjudicatory hearings.

(4) The assessment conference shall be held within sixty days after receipt of the written request required by paragraph (F)(1) of this rule. A failure by the chief to hold the assessment conference within the prescribed time limit shall not be grounds for rescission or reduction of all or a part of the proposed assessment unless the person against whom the proposed penalty is assessed makes a timely written objection to the delay and proves to the chief that actual prejudice results from the delay.

(5) The chief shall post notice of the date, time and place of the conference at least five days prior to the conference at the district office of the division of mineral resources management from which the underlying notice of violation was issued. Any person may attend and participate in the conference.

(6) Within thirty days after the conference, the conference officer shall issue a written notice of his or her action as a result of the conference, which notice shall be served on the persons who participated in the conference by certified mail in accordance with paragraph (D)(1)(b) of rule 1501:13-14-02 of the Administrative Code. The notice shall contain the decision of the conference officer to affirm, raise, lower or vacate the proposed assessment.

(7) The conference officer shall consider such information as is relevant to the assessment. The conference officer shall either:

(a) Settle the issues, in which case a settlement agreement shall be prepared and signed by the conference officer, chief and by the person assessed; or

(b) Affirm, raise, lower or vacate the penalty.

(8) The person served with the proposed assessment shall bear the burden of proving at the conference the existence or non-existence of any or all of the factors subject to consideration by the conference officer.

(9) The written notice of the conference officer's decision shall be accompanied by the worksheet if the proposed assessment has been raised or lowered. The reasons for the conference officer's action on the proposed assessment shall be fully documented in the appropriate file.

(10) If the conference officer increases or decreases the proposed assessment by more than twenty-five per cent and five hundred dollars, the notice of decision required by paragraph (F)(6) of this rule shall not be final unless approved by the chief or his or her designee, evidenced by the appropriate signature thereon.

(11) The conference officer may terminate the conference when he or she determines that the issues cannot be resolved, or that the person assessed is not diligently working toward a good faith resolution of the issues.

(12) If full payment of the amount specified in the settlement agreement is not received within thirty days after execution of the agreement, the chief may enforce the agreement or rescind it and proceed as if there had never been a settlement agreement.

(G) Request for hearing. Any person having an interest that is or may be adversely affected by a notice of violation, order or decision of the chief or by any modification, vacation or termination of such a notice, order or decision, except a show cause order or an order which adopts a rule, may appeal by filing a notice of appeal with the reclamation commission pursuant to section 1513.13 of the Revised Code within thirty days from receipt of the proposed assessment.

(1) At the time this appeal is filed, the person shall forward the amount of the penalty to the secretary of the reclamation commission for placement in an escrow account. Failure to forward the money to the secretary of the reclamation commission within thirty days from receipt of the proposed assessment shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.

(2) The reclamation commission shall hold all funds submitted under paragraph (G)(1) of this rule in escrow pending completion of the administrative and judicial review process, at which time it shall disburse them as provided in paragraph (I) of this rule.

(H) If, upon appeal, the reclamation commission affirms or modifies the proposed amount of the penalty, the person so assessed shall have thirty days from service of the commission's written decision, unless otherwise provided by Chapter 1513. of the Revised Code, within which to pay such amount in full, or file an appeal with the court of appeals.

(I) Final assessment and payment of penalty.

(1) If the person to whom a notice of violation or cessation order is issued fails to request a review as provided in paragraph (G) of this rule, a proposed assessment shall become a final order of the chief and the penalty assessed shall become due and payable upon expiration of the time allowed to request a hearing.

(2) If any party requests judicial review of a final order of the reclamation commission, the proposed penalty shall continue to be held in escrow until completion of the review. Otherwise, subject to paragraph (I)(3) of this rule, the escrowed funds shall be transferred to the chief in payment of the penalty, and the escrow shall end.

(3) If the final decision in the administrative and judicial review results in an order reducing or eliminating the proposed penalty assessed under this rule, the reclamation commission shall, within thirty days of receipt of the order, refund to the person assessed all or part of the escrowed amount, with interest, from the date of payment into escrow to the date of the refund.

Last updated February 14, 2022 at 9:06 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-02

(A) Cessation orders.

(1) Imminent danger; significant harm.

(a) An authorized representative of the chief shall immediately order a cessation of coal mining and reclamation operations or of the relevant portion thereof, if he or she finds on the basis of any inspection, any condition or practice, or any violation of Chapter 1513. of the Revised Code or rules adopted thereunder, or any condition of a coal exploration approval or permit or a coal mining and reclamation permit, which:

(i) Creates an imminent danger to the health or safety of the public; or

(ii) Is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resources.

(b) If the cessation ordered under paragraph (A)(1)(a) of this rule will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the authorized representative of the chief shall impose affirmative obligations on the person to whom it is issued to abate the condition, practice or violation. The order shall specify the time by which abatement shall be accomplished.

(2) Coal mining operations conducted by any person without a valid permit issued pursuant to these rules constitute a condition or practice which causes or can reasonably be expected to cause significant imminent environmental harm to land, air or water resources, unless such operations are an integral, uninterrupted extension of previously permitted operations, and the person conducting such operations has filed a timely and complete application for a permit to conduct such operations.

(3) Failure to abate violation.

(a) An authorized representative of the chief shall immediately order the cessation of coal exploration or coal mining and reclamation operations, or of the relevant portion thereof, when a notice of violation has been issued under paragraph (B) of this rule and the person to whom it was issued fails to abate the violation within the abatement period fixed or subsequently extended by the authorized representative.

(b) A cessation order issued under paragraph (A)(3) of this rule shall require the person to whom it is issued to take all steps the authorized representative of the chief deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.

(c) Whenever a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatement period set in the notice or order or as subsequently extended, the chief shall review the permittee's history of violations to determine whether a pattern of violations exists pursuant to this rule, and shall issue an order to show cause as appropriate pursuant to paragraph (C) of this rule.

(4) A cessation order issued under paragraph (A)(1) or (A)(3) of this rule shall be in writing, signed by the authorized representative who issues it, and shall set forth with reasonable specificity:

(a) The nature of the condition, practice, or violation;

(b) The remedial action or affirmative obligation required, if any, including interim steps, if appropriate;

(c) The time established for abatement, if appropriate, including the time for meeting any interim steps; and

(d) A reasonable description of the portion of the coal exploration or coal mining and reclamation operation to which it applies. The order shall remain in effect until the condition, practice or violation has been abated or until the order is vacated, modified or terminated in writing by an authorized representative of the chief.

(5) Reclamation operations and other activities intended to protect public health and safety and the environment shall continue during the period of any order unless otherwise provided in the order.

(6) An authorized representative of the chief may modify, terminate or vacate a cessation order for good cause, and may extend the time for abatement if the failure to abate within the time previously set was not caused by lack of diligence on the part of the person to whom it was issued.

(7) An authorized representative of the chief shall terminate a cessation order, by written notice to the person to whom the order was issued, when he or she determines that all conditions, practices, or violations listed in the order have been abated. Termination shall not affect the right of the chief to assess civil penalties for those violations under rule 1501:13-14-03 of the Administrative Code.

(8) Within thirty days after a cessation order is issued, the permittee shall submit to the chief the information required pursuant to paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code. Within sixty days after issuing a cessation order, the chief shall notify in writing any person who has been identified under paragraph (B)(5) or (B)(7) of rule 1501:13-4-03 or paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code as owning or controlling the permittee that the cessation order was issued and that the person has been identified as an owner or controller.

(9) If performance security was provided together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code and the chief has issued a cessation order under paragraph (A)(3) of this rule for failure to abate a violation of the contemporaneous reclamation requirement under rule 1501:13-9-13 of the Administrative Code, the chief may require the permittee to increase the amount of performance security for the permit from twenty-five hundred dollars per acre of land to five thousand dollars per acre of land.

(a) If the cessation order is for failure to abate a violation of the contemporaneous reclamation requirement for backfilling and/or grading and permittee has not abated the violation within thirty days of the issuance of the cessation order, the chief may, in writing, order the permittee to increase, within ten days, the amount of performance security to five thousand dollars per acre of land.

(b) If the cessation order is for failure to abate a violation of the contemporaneous reclamation requirement for any reason other than backfilling and/or grading and permittee has not abated the violation within thirty days of the issuance of the cessation order, the chief may determine the amount of performance security increase and may, in writing, order the permittee to increase, within ten days, performance security by the amount specified in the order, not to exceed a total of five thousand dollars per acre of land.

(c) If the chief orders the permittee to increase the amount of performance security under paragraph (A)(9)(a) or (A)(9)(b) of this rule, the chief shall also order the permittee to show cause why the permittee has the ability to comply with the requirements of Chapter 1513. of the Revised Code in accordance with paragraph (B) of rule 1501:13-7-06 of the Administrative Code.

(d) If the chief orders the permittee to increase the amount of performance security under paragraph (A)(9)(a) or (A)(9)(b) of this rule, the increased performance security shall remain in effect for the permit, including all future acreage of the permit, until the chief determines that the amount of performance security may be reduced. When the permittee abates the violation contained in the cessation order that resulted in the increase in performance security, the permittee may request the chief, in writing, to reduce the amount of performance security per acre. The chief shall determine, in writing, whether or not the performance security may be reduced and the amount of performance security reduction, if any, based on the overall site conditions of the permit, the success of the reclamation performed, the permittee's compliance with other enforcement actions, and the outcome of the show cause hearing held pursuant to paragraph (B) of rule 1501:13-7-06 of the Administrative Code or of any show cause hearing requested under paragraph (C) of this rule.

(e) A reduction in the amount of performance security under paragraph (A)(9)(d) of this rule shall not be considered release of performance security and is not subject to division (F) of section 1513.16 of the Revised Code.

(B) Notices of violation.

(1) An authorized representative of the chief shall issue a notice of violation, if, on the basis of an inspection, he or she finds a violation of Chapter 1513. of the Revised Code or rules adopted thereunder or any condition of a permit or an exploration permit, which does not create an imminent danger or harm for which a cessation order must be issued under paragraph (A) of this rule.

(2) A notice of violation issued under this rule shall be in writing, signed by the authorized representative of the chief who issued it, and shall set forth with reasonable specificity:

(a) The nature of the violation;

(b) The remedial action required, which may include interim steps;

(c) A reasonable time for abatement, which may include time for accomplishment of interim steps; and

(d) A reasonable description of the portion of the coal exploration or coal mining and reclamation operation to which it applies.

(3) An authorized representative of the chief may extend the time set for the abatement or for accomplishment of an interim step, if the failure to meet the time previously set was not caused by lack of diligence on the part of the person to whom it was issued. The total time for abatement under a notice of violation, including all extensions, shall not exceed ninety days from the date of issuance, except upon a showing by the permittee that it is not feasible to abate the violation within ninety calendar days due to one or more of the circumstances listed in paragraph (B)(3) of this rule. An extended abatement date pursuant to this rule shall not be granted when the permittee's failure to abate within ninety days has been caused by lack of diligence or intentional delay by the permittee in completing the remedial action required. Circumstances which may qualify a coal mining operation for an abatement period of more than ninety days are:

(a) When a permittee has applied in a timely manner for, and diligently pursued, a permit renewal or other necessary approval of designs or plans but such renewal or approval has not been issued within ninety days after the permittee's valid permit expires for reasons not within the control of the permittee;

(b) When there is a valid judicial order precluding abatement within ninety days as to which the permittee has diligently pursued all rights of appeal and as to which he or she has no other effective legal remedy;

(c) When the permittee cannot abate within ninety days due to a labor strike;

(d) When climatic conditions preclude abatement within ninety days or when, due to climatic conditions, abatement within ninety days clearly would cause more environmental harm than it would prevent; or

(e) When abatement within ninety days requires action that would violate safety standards established by statute or regulation under the Mine Safety and Health Act of 1977, 30 U.S.C. 801 to 965, as amended.

(4) Whenever an abatement time in excess of ninety days is granted, interim abatement measures shall be imposed to the extent necessary to minimize harm to the public or the environment.

(5) If any of the conditions in paragraph (B)(3) of this rule exist, the permittee may request the authorized representative to grant an abatement period exceeding ninety days. The authorized representative shall not grant or deny such an abatement period without the concurrence of the chief and the abatement period granted shall not exceed the shortest possible time necessary to abate the violation. The permittee shall have the burden of establishing by clear and convincing proof that he or she is entitled to an extension under the provisions of paragraph (B)(3) of this rule. In determining whether or not to grant an abatement period exceeding ninety days, the authorized representative may consider any relevant written or oral information from the permittee or any other source. The authorized representative shall promptly and fully document in the file his or her reasons for granting or denying the request. The authorized representative's immediate supervisor shall review this document before concurring in or disapproving the extended abatement date and shall promptly and fully document the reasons for his or her concurrence or disapproval in the file.

(6) Any determination made under paragraph (B)(5) of this rule shall be in writing and shall contain a right of appeal to the reclamation commission.

(7) No extension granted under paragraph (B)(5) of this rule may exceed ninety days in length. If the condition or circumstance which prevented abatement within ninety days exists at the expiration of any such extension, the permittee may request a further extension in accordance with the procedures of paragraph (B)(5) of this rule.

(8) If the person to whom the notice was issued fails to meet any time set for abatement or for accomplishment of an interim step, the authorized representative shall issue a cessation order under paragraph (A) of this rule.

(9) An authorized representative of the chief shall terminate a notice of violation by written notice to the person to whom it was issued, when he or she determines that all violations listed in the notice of violation have been abated. Termination shall not affect the right of the chief to assess civil penalties for those violations under rule 1501:13-14-03 of the Administrative Code.

(C) Show cause orders.

(1) If the chief determines that, for any permit, there exists or has existed a pattern of violations of any requirements of Chapter 1513. of the Revised Code, these rules, or any permit condition, and that the violations were caused by the permittee willfully or through unwarranted failure to comply with those requirements or conditions, then the chief shall issue an order to the permittee requiring him or her to show cause why his or her permit and right to mine should not be suspended or revoked. Violations by any person conducting coal mining operations on behalf of the permittee shall be attributed to the permittee, unless the permittee establishes that they were acts of deliberate sabotage.

(2) The chief shall determine that a pattern of violations exists, if he or she finds that there were violations of the same or related requirements of Chapter 1513. of the Revised Code, these rules, or the permit during three or more inspections of the permit area within any twelve-month period.

(3) The chief may determine that a pattern of violations exists or has existed, based on two or more inspections of the permit area within any twelve-month period, after considering the circumstances, including:

(a) The number of violations, cited on more than one occasion, of the same or related requirements of Chapter 1513. of the Revised Code, these rules, or the permit;

(b) The number of violations, cited on more than one occasion, of different requirements of Chapter 1513. of the Revised Code, these rules, or the permit; and

(c) The extent to which the violations were isolated departures from lawful conduct.

(4) A show cause order shall set forth in the order itself or in attachments to the order:

(a) A list of the unwarranted or willful violations which contribute to a pattern of violations;

(b) A copy of each order or notice which contains one or more of the violations listed as contributing to a pattern of violations;

(c) A brief statement indicating the basis for determining that the violations were caused by the permittee willfully or through unwarranted failure to comply;

(d) The chief's intent to either revoke or suspend the permit, including the length and terms of a suspension; and

(e) A statement advising the permittee that if he or she wishes a show cause hearing, he or she must, within thirty days from receipt of the show cause order, file an answer to the show cause order and request a hearing.

(5) The permittee's answer to a show cause order shall contain a statement setting forth:

(a) The reasons in detail why a pattern of violations does not exist or has not existed including all the reasons for contesting:

(i) The fact of any of the violations alleged by the chief as constituting a pattern of violations;

(ii) The willfulness of such violations; or

(iii) Whether such violations were caused by the unwarranted failure of the permittee;

(b) All mitigating factors the permittee believes exist in determining the terms of the revocation or the length of terms of the suspension; and

(c) Any other alleged relevant facts.

(6) If the permittee files an answer to the show cause order and requests a show cause hearing, the chief shall give thirty days written notice of the date, time and place of the hearing to all interested parties. The chief shall publish notice of the hearing, if practicable, in a newspaper of general circulation in the area of the coal mining and reclamation operations, and shall post it at the division of mineral resources management district office closest to the coal mining and reclamation operations.

(7) If the permittee files an answer and requests a hearing, the chief or his or her representative shall hold a show cause hearing, which shall be a public adjudicatory hearing of record. The permittee issued the order to show cause shall appear at the hearing. The chief or his or her representative may accept oral or written statements and any other relevant information. An electronic or stenographic record shall be made of the hearing. The record shall be maintained and shall be accessible to the parties of the hearing until final release of the permittee's performance security required by Chapter 1513. of the Revised Code and rules adopted thereunder.

(8) In a show cause hearing, the chief shall have the burden of going forward to establish a prima facie case for suspension or revocation of the permit. The ultimate burden of persuasion that the permit should not be suspended or revoked shall rest with the permittee.

(9) Within sixty days following the show cause hearing:

(a) The chief shall issue a written determination as to whether a pattern of violations exists and, if appropriate, an order for the suspension or revocation of the permit.

(i) In making a determination that a pattern of violations exists, the chief need not find that all the violations listed in the show cause order occurred, but only that sufficient violations occurred to establish a pattern;

(ii) If the permit is suspended, the minimum suspension period shall be three working days unless the chief finds that imposition of the minimum suspension period would result in manifest injustice and would not further the purposes of Chapter 1513. of the Revised Code; and

(b) The chief shall furnish the permittee and all other parties of the hearing with the written determination, which shall state the reasons for this determination issued pursuant to paragraph (C)(9)(a) of this rule.

(10) Whenever the chief orders the revocation or suspension of the permit in the determination issued pursuant to paragraph (C)(9)(a) of this rule, the permittee shall immediately cease coal mining operations on the permit area and shall:

(a) If the permit and the right to mine are revoked, complete reclamation within the time specified in the order or the chief shall declare as forfeited the performance security for the operation; or

(b) If the permit and right to mine are suspended, complete all affirmative obligations to abate all conditions, practices or violations, as specified in the order.

(D) Service of notices and orders.

(1) Any notice or order shall be served on the person to whom it is directed or his or her designated agent promptly after issuance, as follows:

(a) By tendering a copy at the coal exploration or coal mining and reclamation operation to the person to whom it is directed or to the designated agent, or to the individual who, based upon reasonable inquiry by the chief's authorized representative, appears to be in charge of the coal exploration or coal mining and reclamation operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. In the event a notice or order is tendered to anyone other than to whom it is directed or his or her designated agent, service shall also be made by certified mail. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept; or

(b) As an alternative to paragraph (D)(1)(a) of this rule, service may be made by sending a copy of the notice or order by certified mail to the address shown as current on the permit in accordance with paragraph (B)(1)(a) of rule 1501:13-4-03 of the Administrative Code or by hand to the person to whom it is issued or his or her designated agent. Service shall be complete upon tender of the notice or order of the mail and shall not be deemed incomplete because of refusal to accept.

(c) In the event that attempts to deliver the notice or order by hand or by certified mail are unsuccessful, service of the notice or order may be made by first class mail to the most current address on file with the division of mineral resources management.

(2) Designation by any person of an agent for service of notices and orders shall be made in writing to the division of mineral resources management.

(E) Expiration of order of cessation.

(1) Except as provided in paragraph (E)(2) of this rule, a notice of violation or order which requires cessation of mining shall expire within thirty days after it is served unless a hearing has been held pursuant to section 1513.13 of the Revised Code within that time.

(2) A notice of violation or cessation order shall not expire as provided in paragraph (E)(1) of this rule, if the condition, practice, or violation in question has not been abated or if the hearing has been waived by the person to whom the notice or order was issued.

(F) Review of citations.

(1) A person issued a notice of violation or cessation order under this rule, or a person having an interest which is or may be adversely affected by the issuance, modification, vacation, or termination of a notice or order may request review of that action by filing an application for review and request for hearing under section 1513.13 of the Revised Code within thirty days after receiving notice of the action. Such person may also request temporary relief under division (C) of section 1513.13 of the Revised Code.

(2) The filing of an application for review and request for a hearing under paragraph (F) of this rule shall not operate as a stay of any notice or order, or of any modification, termination or vacation of either.

(G) Lack of information. No notice of violation, cessation order, show cause order, or order revoking or suspending a permit may be vacated because it is subsequently determined that the chief did not have information sufficient, under these rules, to justify an inspection.

(H) Inability to comply.

(1) No cessation order or notice of violation issued under these rules may be vacated because of inability to comply.

(2) Inability to comply may not be considered in determining whether a pattern of violations exists pursuant to paragraph (C) of this rule.

(3) Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under rule 1501:13-14-03 of the Administrative Code and of the duration of the suspension of a permit under paragraph (C) of this rule.

(I) Injunctive relief. The chief may request the attorney general of the state of Ohio to institute a civil action for relief, including a permanent or temporary injunction, restraining order or any other order in the court of common pleas for the county in which the coal exploration or coal mining and reclamation operation is located or in which the person to whom the notice of violation or order has been issued has his or her principal office whenever that person or his or her agent, in violation of Chapter 1513. of the Revised Code or rules adopted thereunder, or any condition of a coal exploration permit or a coal mining and reclamation permit:

(1) Violates or fails or refuses to comply with any order or decision of the chief or any authorized representative of the chief under Chapter 1513. of the Revised Code or rules adopted thereunder;

(2) Interferes with, hinders or delays the chief or an authorized representative in carrying out the provisions of Chapter 1513. of the Revised Code or rules adopted thereunder;

(3) Refuses to admit an authorized representative of the chief to a mine;

(4) Refuses to permit inspection of a mine by an authorized representative of the chief;

(5) Refuses to furnish any required information or report;

(6) Refuses to permit access to or copying of any required records; or

(7) Refuses to permit inspection of monitoring equipment.

(J) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-07

(A) Petitions.

(1) Right to petition. Any person having an interest which is or may be adversely affected has the right to petition the chief to have an area designated as unsuitable for coal mining operations, or to have an existing designation terminated. A person having an interest which is or may be adversely affected must demonstrate how he or she meets the "injury in fact" test by describing the injury to the specific affected interests and demonstrating how he or she is among the injured.

(2) Designation. Information that a petitioner must provide is:

(a) The location and approximate size of the area covered by the petition and a U.S. geological survey topographical map outlining the perimeter of the petitioned areas;

(b) Allegations of fact and supporting evidence, covering all lands in the petition area, which tend to establish that the area is unsuitable for all or certain types of coal mining operations, assuming that contemporary mining practices required by these rules would be followed if the area were to be mined. Each allegation of fact shall be specific as to the mining operation, if known, the portion(s) of the petitioned area, and the petitioner's interests to which the allegation applies, and shall be supported by evidence that tends to establish the validity of each allegation for the mining operation or portion of the petitioned areas;

(c) A description of how mining of the area has affected or may adversely affect people, land, air, water or other resources;

(d) The petitioner's name, address, telephone number and notarized signature; and

(e) Identification of the petitioner's interest which is or may be adversely affected, including a statement demonstrating how the petitioner satisfies the requirements of paragraph (A)(1) of this rule.

(3) Termination. A petitioner must provide the following information to terminate a designation:

(a) The location and approximate size of the area covered by the petition and a U.S. geological survey topographical map outlining the perimeter of the petitioned areas to which the termination petition applies;

(b) Allegations of fact and supporting evidence covering all lands for which termination is proposed. Each allegation of fact shall be specific as to the mining operation, if any, the portions of the petitioned area, and the petitioner's interests to which each allegation applies. Each allegation shall be supported by evidence, not contained in the record of the proceeding in which the area was designated unsuitable, that tends to establish the validity of each allegation for the mining operation or portion of the petitioned area, assuming that contemporary mining practices required by these rules would be followed were the area to be mined. Allegations and supporting evidence should also be specific with regard to the basis for which the designation was made and tend to establish that the designation should be terminated based on:

(i) The nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on criteria found in paragraph (A)(2) of rule 1501:13-3-05 of the Administrative Code; or

(ii) Reclamation now being technologically and economically feasible, if the designation was based on the criteria found in paragraph (A)(1) of rule 1501:13-3-05 of the Administrative Code; or

(iii) The resources or condition not being affected by coal mining operations, or in the case of land use plans, not being incompatible with coal mining operations during and after mining, if the designation was based on the criteria found in paragraph (A)(2) of rule 1501:13-3-05 of the Administrative Code;

(c) The petitioner's name, address, telephone number and a notarized signature;

(d) Identification of the petitioner's interest which is or may be adversely affected by the continuation of the designation, including a statement demonstrating how the petitioner satisfies the requirements of paragraph (A)(1) of this rule; and

(e) For areas previously and unsuccessfully proposed for termination, significant new allegations of fact and supporting evidence must be presented in the petition.

(B) Initial processing, recordkeeping, and notification requirements.

(1) Promptly after a petition is received, the chief shall notify the general public of the receipt of the petition by a newspaper advertisement placed in the locale of the area covered by the petition, in the newspaper providing broadest circulation in the region of the petitioned area.

(2) Within thirty days of receipt of a petition, the chief shall notify the petitioner by certified mail whether or not the petition is complete under paragraph (A)(2) or (A)(3) of this rule.

(3) The chief shall determine whether any identified coal resources exist in the area covered by the petition without requiring any showing from the petitioner. If the chief finds there are not any identified coal resources in that area, he or she shall return the petition to the petitioner with a statement of the findings.

(4) The chief may reject petitions for designations and terminations of designations which are frivolous. A "frivolous petition" is one in which the allegations of harm lack serious merit. Once the requirements of paragraph (A) of this rule are met, no party shall bear any burden of proof, but each accepted petition shall be considered and acted upon by the chief pursuant to the procedures of this rule.

(5) When considering a petition for an area which was previously and unsuccessfully proposed for designation, the chief shall determine if the new petition presents new allegations of fact. If the petition does not contain new allegations of fact, the chief shall not consider the petition and shall return the petition to the petitioner, with a statement of his or her findings and a reference to the record of the previous designation proceedings where the facts were considered.

(6) If the chief determines that the petition is incomplete or frivolous, he or she shall return the petition to the petitioner, with a written statement of the reasons for the determination and the categories of information needed to make the petition complete.

(7) The chief shall notify the person who submits a complete petition of any application for a permit received which proposes to include any area covered by the petition.

(8) The chief may determine not to process any petition received insofar as it pertains to lands for which a complete permit application has been filed and the first newspaper notice has been published. Based on such a determination, the chief may issue a decision on a complete and accurate permit application and shall inform the petitioner why the chief cannot consider the part of the petition pertaining to the proposed permit area.

(9) Within three weeks after the determination that a petition is complete, the chief shall make copies of the petition available to the public. He or she shall also circulate copies of the petition to, and request submissions of relevant information from, other interested governmental agencies, the petitioner, intervenors, persons with an ownership interest of record in the property, and other persons known to the chief to have an interest in the property.

(10) Within three weeks after the determination that a petition is complete, the chief shall notify the general public of the receipt of the petition and request submissions of relevant information by a newspaper advertisement placed in the newspaper providing broadest circulation in the region of the petitioned area once a week for two consecutive weeks in the locale of the area covered by the petition.

(11) Beginning immediately after a complete petition is filed, the chief shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the chief. The chief shall make the record available for public inspection, free of charge, and copying, at reasonable cost, during all normal business hours at the division's district office for the multi-county area in which the land petitioned is located, and at the main office of the chief.

(12) Until three days before the chief holds a hearing under paragraph (C) of this rule, any person may intervene in the proceeding by filing allegations of fact, with supporting evidence, describing how the designation determination directly affects the intervenor, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address and telephone number.

(C) Hearing requirements.

(1)

(a) Within ninety days after receipt of a complete petition, the chief shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held.

(b) The hearing may be conducted with cross-examination of expert witnesses only.

(c) The chief may delay the hearing for up to an additional two hundred ten days when necessary for adequate review.

(d) A record of the hearing shall be made and preserved according to state law. No person shall bear the burden of proof or persuasion. The record shall include all relevant parts of the data base and inventory system and all public comments received during the public comment period. The record shall be considered by the chief in his or her decision on the petition.

(e) The provisions of paragraph (B)(5) of this rule shall also apply to this hearing.

(2) The chief shall give notice of the date, time, and location of the hearing to:

(a) Local, state, and federal agencies which may have an interest in the decision on the petition;

(b) The petitioner and intervenors; and

(c) Any person with an ownership or other interest known to the chief in the area covered by the petition.

(3) Notice of the hearing shall be sent by certified mail and postmarked not less than thirty days before the scheduled date of the hearing.

(4) The chief shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once a week for two consecutive weeks and once during the week prior to the hearing in the locale of the area covered by the petition. The advertisement shall begin between four to five weeks before the scheduled date of the public hearing.

(5) The chief may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.

(6) Prior to designating any land areas as unsuitable for coal mining operations, the chief shall prepare a detailed statement, using existing and available information on the potential coal resources of the area, the demand for coal resources, and the impact of such designation on the environment, the economy, and the supply of coal.

(7) In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration.

(D) Decision.

(1) In reaching his or her decision, the chief shall use:

(a) The information contained in the data base and inventory system;

(b) Information provided by other governmental agencies;

(c) The detailed statement prepared under paragraph (C)(6) of this rule; and

(d) Any other relevant information submitted during the comment period.

(2) A final written decision shall be issued by the chief, including a statement of reasons, within sixty days of completion of the public hearing, or if no public hearing is held, within twelve months after receipt of the complete petition. The chief shall simultaneously send the decision by certified mail to the petitioner, every other party of the proceeding, and to the state office of the United States office of surface mining.

(3) The decision of the chief with respect to a petition, or the failure of the chief to act within the time limits set forth in this rule, shall be subject to administrative and judicial review as provided by sections 1513.13 and 1513.14 of the Revised Code. The record made at the hearing pursuant to paragraph (C)(1) of this rule shall be considered and included in the record of this review.

(E) Data base and inventory system requirements.

(1) The chief shall develop a data base and inventory system which will permit proper evaluation of the capacity of different land areas of the state to support and permit reclamation of coal mining operations.

(2) The chief shall add to the data base and inventory system information:

(a) On potential coal resources of Ohio, demand for those resources, the environment, the economy and the supply of coal, sufficient to enable the chief to prepare the statements required by paragraph (C)(6) of this rule; and

(b) That becomes available from petitions, publications, experiments, permit applications, mining and reclamation operations, and other sources.

(3) The chief shall include in the system information relevant to the criteria in paragraph (A) of rule 1501:13-3-05 of the Administrative Code, including, but not limited to, information from the United States fish and wildlife service, the Ohio historical preservation officer, and the agency administering section 127 of the Clean Air Act as amended (42 U.S.C. 7470 et seq.).

(F) Public information. The chief shall:

(1) Make the information and data base system developed under paragraph (E) of this rule available to the public for inspection free of charge and for copying at reasonable cost. However, specific information relating to location of properties proposed to be nominated to, or listed in, the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, need not be disclosed if the chief determines that the disclosure of such information would create a risk of destruction or harm to such properties. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html; and

(2) Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of coal mining operations or to have designations terminated and describe how the inventory and data base system can be used.

(G) Implementation.

(1) The chief shall not issue permits which are inconsistent with designations made pursuant to Chapter 1501:13-3 of the Administrative Code.

(2) The chief shall maintain a map of areas designated as unsuitable for all or certain types of coal mining operations.

(3) The chief shall make available to any person any information within his or her control regarding designations, including mineral or elemental content that is potentially toxic in the environment, but not including proprietary information that pertains only to the analysis of the chemical and physical properties of the coal.

(H) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-03

(A) Subject to valid existing rights and qualification for the exception for existing operations under paragraph (B) of this rule, no coal mining operations shall be conducted:

(1) On any lands within the boundaries of the national park system, the national wildlife refuge system, the national system of trails, the national wilderness preservation system, the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276 (a)) or study rivers or study river corridors as established in any guidelines pursuant to that act, national recreation areas designated by act of congress, or any nature preserve dedicated pursuant to Chapter 1517. of the Revised Code;

(2) On any federal lands within the boundaries of any national forest unless approval is granted by the United States secretary of interior;

(3) On any lands on which mining will adversely affect any publicly owned park or any places included on the "National Register of Historic Places," unless approved jointly by the chief and the federal, state, or local agency with jurisdiction over the park or places. The "National Register of Historic Places" is administered by the national parks service, U.S. department of the interior; its website for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html;

(4) Within one hundred feet measured horizontally of the outside right-of-way line of any public road, except:

(a) Where mine access roads or haulage roads join such right-of-way line; or

(b) Where a permit has been issued by the director of transportation, or the board of county commissioners, or the board of township trustees, or such other public authority that is charged by law with the maintenance of the public road subject to the requirements of paragraph (C) of rule 1501:13-3-04 of the Administrative Code and the approval of the chief;

(5) Within three hundred feet measured horizontally of any occupied dwelling unless the owner of the dwelling has provided a written waiver consenting to coal mining operations closer than three hundred feet as provided in paragraph (D) of rule 1501:13-3-04 of the Administrative Code;

(6) Within three hundred feet measured horizontally of any public building, school, church, community or institutional building or public park;

(7) Within one hundred feet measured horizontally of a cemetery. Cemeteries may be relocated if authorized by applicable state law or regulations; or

(8) Within one thousand feet of the normal waterlines of any river dedicated as a component of the scenic rivers program pursuant to sections 1547.81 to 1547.86 of the Revised Code.

(B) Exception for existing operations. The prohibitions and limitations of paragraph (A) of this rule do not apply to coal mining operations for which a valid permit, issued under Chapter 1513. of the Revised Code and these rules, exists when the land comes under the protection of division (D) of section 1513.073 of the Revised Code or this rule. This exception applies only to lands within the permit area as it exists when the land comes under the protection of division (D) of section 1513.073 of the Revised Code or this rule.

(C) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated August 1, 2025 at 12:15 AM

History

• Effective: August 9, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-3-04

(A) Upon receipt of a complete application for a coal mining and reclamation operation permit, or a complete application for revision of the boundaries of a coal mining and reclamation operation permit, the chief shall review the application to determine whether coal mining operations are limited or prohibited under rule 1501:13-3-03 of the Administrative Code on the lands which would be disturbed by the proposed operation.

(1) Where the proposed operation would be located on any lands listed in paragraph (A)(1), (A)(6), (A)(7) or (A)(8) of rule 1501:13-3-03 of the Administrative Code, the chief shall disapprove the application if the applicant cannot establish valid existing rights for the area.

(2) If the chief is unable to determine whether the proposed operation is located within the boundaries of any of the lands in paragraph (A)(1) of rule 1501:13-3-03 of the Administrative Code or closer than the limits provided in paragraphs (A)(6), (A)(7), and (A)(8) of rule 1501:13-3-03 of the Administrative Code, the chief shall transmit a copy of the relevant portions of the permit application to the appropriate federal, state, or local government agency for a determination or clarification of the relevant boundaries or distances, with a notice to the appropriate agency that it must respond within thirty days of receipt of the request.

(3) The national park service or the U.S. fish and wildlife service shall be notified of any request for a determination of valid existing rights pertaining to areas within the boundaries of areas under their jurisdiction and shall have thirty days from receipt of the notification in which to respond.

(4) The chief, upon request by the appropriate agency, shall grant an extension to the thirty-day period of an additional thirty days. If no response is received within the thirty-day period or within the extended period granted, the chief may make the necessary determination based on the information he or she has available.

(B) Where the proposed operation would include federal lands within the boundaries of any national forest and the applicant seeks a determination that mining is permissible under paragraph (A)(2) of rule 1501:13-3-03 of the Administrative Code, the applicant shall submit a permit application to the director of the office of surface mining of the U.S. department of the interior for processing under 30 C.F.R. subchapter D or a request to the director of the office of surface mining of the U.S. department of the interior for processing under 30 C.F.R. subchapter F.

(C) Where the proposed permit area includes area within one hundred feet measured horizontally of the outside right-of-way line or includes a portion or all of the right-of-way of a public road, including where the applicant proposes to relocate or close a public road, the applicant shall submit a road permit for the road or portion thereof. The issuance of a road permit shall require:

(1) The applicant to provide notice, in a newspaper of general circulation in the county of the proposed operation at least two weeks prior to the hearing required under paragraph (C)(1)(c) of this rule, that the proposed operation includes area within one hundred feet of the outside right-of-way line of the public road or includes a portion or all of the right-of-way of a public road, or that the applicant proposes to relocate or close a public road. The notice shall include:

(a) A description of the road, to include road number, location and length of road for which the road permit is being requested;

(b) A description of how the proposed mining operation will affect the road; and

(c) The date, time, and location at which the public agency with jurisdiction over the road will hold a public meeting to consider issuing the road permit;

(2) The public authority with jurisdiction over the road to provide an opportunity for a public hearing prior to issuing the road permit and, in issuing the road permit, to make a written finding within thirty days of the completion of the public hearing, based on information gathered at the hearing, that the interests of the public and the affected landowners will be protected; and

(3) The chief's approval of the procedures followed and the decision issued by the public authority.

(D) Occupied dwellings.

(1) Where the proposed permit area includes area within three hundred feet measured horizontally of any occupied dwelling, the applicant shall submit with the application, a written waiver from the owner of the dwelling consenting to such operations within a closer distance of the dwelling. The waiver must state that the owner had the legal right to deny mining and knowingly waived that right. The waiver shall be separate from a lease or deed if the lease or deed does not contain language that authorizes mining within three hundred feet of the occupied dwelling either by an explicit waiver or by a legal description of the area to be mined that contains the area within three hundred feet. The waiver shall specifically state the distance for which the waiver is being granted.

(2) Where the applicant for a permit had obtained a valid waiver prior to August 3, 1977, from the owner of an occupied dwelling to mine within three hundred feet of such dwelling, a new waiver shall not be required.

(3) Where the applicant for a permit had obtained a valid waiver from the owner of an occupied dwelling, that waiver shall remain effective against subsequent purchasers who had actual or constructive knowledge of the existing waiver at the time of purchase.

(4) A subsequent purchaser shall be deemed to have constructive knowledge if the waiver has been properly filed in public property records pursuant to Ohio laws or if the mining has proceeded to within the three hundred foot limit prior to the date of purchase.

(E) Historic places.

(1) Where the chief determines that the proposed coal mining operation will adversely affect any publicly owned park or any place included on the "National Register of Historic Places," the chief shall notify the federal, state, or local agency with jurisdiction over the park or place. The "National Register of Historic Places" is administered by the national parks service, U.S. department of the interior; its website for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html. The notification shall include:

(a) A copy of the applicable parts of the permit application, together with a request for that agency's approval or disapproval of the operation; and

(b) A notice that the agency has thirty days from receipt of the request within which to respond and that failure to interpose a timely objection will constitute approval.

(2) The chief, upon request by the appropriate agency, may grant an extension to the thirty-day period of an additional thirty days. Failure to interpose an objection within thirty days or the extended period granted shall constitute an approval of the proposed permit.

(3) A permit for the operation shall not be issued unless jointly approved by all affected agencies.

(F) If the chief determines that the proposed coal mining operation is not prohibited under section 1513.073 of the Revised Code and rules adopted thereunder, he or she may nevertheless, pursuant to appropriate petitions, designate such lands as unsuitable for all or certain types of coal mining operations.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-17

(A) All affected areas shall be reclaimed in a timely manner:

(1) To conditions that are capable of supporting the uses which they were capable of supporting before any mining; or

(2) To higher or better uses achievable under criteria and procedures of paragraph (D) of this rule.

(B) The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land has not been previously mined and has been properly managed.

(1) The postmining land use for land that was mined pursuant to a license issued prior to April 10, 1972, shall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.

(2) The land may be returned to the undeveloped postmining land use category only if the land was categorized as undeveloped land prior to mining.

(C) "Land use" means specific uses or management-related activities, rather than the vegetation or cover of the land. Land use is categorized in the following categories. Changes of land use or uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the chief pursuant to paragraph (D) of this rule.

(1) The cropland category includes land in the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included for purposes of these land use categories.

(2) The pastureland category includes land occasionally cut for hay and land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.

(3) The grazingland category includes both grassland and forest land where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production. Land used for facilities in support of ranching operations which are adjacent to or an integral part of these operations is also included.

(4) The industrial category includes land used for extraction or transformation of materials for fabrication of products, wholesaling of products or for long-term storage of products. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining, and fabricated metal products manufacture. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include, but are not limited to, all rail, road, and other transportation facilities.

(5) The commercial category includes land used for retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage, or shipping facilities.

(6) The developed water resources category includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control, and water supply.

(7) The recreation category includes land used for public or private leisure-time use, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing and other undeveloped recreational uses.

(8) The residential category includes land used for single and multiple-family housing, mobile home parks, and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use.

(9) The forest category includes land used for the commercial or noncommercial production of wood, wood fiber, or wood derived products and land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations.

(10) The fish and wildlife habitat category includes land used wholly or partially for the production, protection or management of species of fish or wildlife.

(11) The undeveloped land use category includes land that is not currently being used or managed or, if previously used or managed, is land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.

(D) An alternative postmining land use may be approved by the chief of the division of reclamation, after consultation with the landowner or the land management agency having jurisdiction over state or federal lands, if the following criteria are met.

(1) The proposed land use is compatible with adjacent land use and, where applicable, with existing local, state, or federal land use policies and plans.

(2) The use will not be impractical or unreasonable.

(3) The plans show the feasibility of the postmining land use and include a schedule showing how the proposed use will be developed and achieved within a reasonable time.

(4) The plans include letters of commitment from other parties to provide for necessary public facilities that are required for the proposed use.

(5) The proposed use or uses will neither present actual or probable hazard to public health or safety, nor will they pose any actual or probable threat of water flow diminution or pollution.

(6) The use or uses will not involve unreasonable delays in reclamation.

(7) The use will not cause or contribute to violation of federal, state, or local law.

(8) The proposed postmining land use identifies measures to prevent or mitigate adverse effects on fish and wildlife, and threatened or endangered plants or animals or their critical habitats, and an opportunity to comment has been provided in accordance with paragraph (A)(3) of rule 1501:13-5-01 of the Administrative Code to appropriate state and federal fish and wildlife management agencies.

Last updated February 27, 2023 at 9:59 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-01

(A) No permit to conduct coal mining and reclamation operations shall be issued unless application for the permit has been made in accordance with the requirements of these rules.

(B) Each coal mining and reclamation operation shall comply with all the requirements of these rules, except as provided in paragraphs (C)(1) to (C)(3) of this rule.

(C) Each structure used in connection with or to facilitate a coal exploration or coal mining and reclamation operation shall comply with the performance standards and the design requirements of these rules except that:

(1) If the performance standard in effect prior to August 16, 1982, in Chapter 1513. of the Revised Code and Chapters 1501:13-1 to 1501:13-14 of the Administrative Code, is no less effective than the comparable performance standards of these rules, an existing structure which meets the performance standards of the prior law and rules may be exempted by the chief from meeting the design requirements of these rules.

(2) If the performance standard in effect prior to August 16, 1982, in Chapter 1513. of the Revised Code and Chapters 1501:13-1 to 1501:13-14 of the Administrative Code, is less effective than the comparable performance standards of these rules, the chief shall require an existing structure to be modified to meet either the design requirements of Chapter 1513. of the Revised Code and these rules or the comparable performance standards of Chapter 1513. of the Revised Code and these rules, or both.

(3) The exemptions provided in paragraphs (C)(1) and (C)(2) of this rule shall not apply to:

(a) The requirements for existing and new coal mine waste disposal facilities; and

(b) The requirements to restore the approximate original contour of the land.

(4) These rules shall not govern operations conducted prior to August 16, 1982, except:

(a) Operations conducted under a strip mining permit shall comply with and be governed by rules 1501:13-1-01, 1501:13-1-03 to 1501:13-1-13, 1501:13-3-01 to 1501:13-3-08, 1501:13-6-03, 1501:13-7-06, 1501:13-9-10, and 1501:13-14-01 to 1501:13-14-04 of the Administrative Code, and all rules expressly made applicable therein, except that a person conducting such operations may choose to design structures in accordance with the design requirements specified in Chapters 1501:13-4, 1501:13-9, 1501:13-10, 1501:13-11, and 1501:13-13 of the Administrative Code.

(b) All operators of underground coal mines who submitted a mine map and affidavit pursuant to section 1513.12 of the Revised Code as it was in effect prior to September 1, 1981, shall comply with and be governed by rules 1501:13-1-01, 1501:13-1-03 to 1501:13-1-13, 1501:13-3-01 to 1501:13-3-08, 1501:13-6-03, 1501:13-12-03, 1501:13-12-04, and 1501:13-14-01 to 1501:13-14-04 of the Administrative Code, and all rules expressly made applicable therein, except that a person conducting such operations may choose to design structures in accordance with the design requirements specified in Chapters 1501:13-4, 1501:13-9, 1501:13-10, 1501:13-11, and 1501:13-13 of the Administrative Code.

(D) Termination of jurisdiction.

(1) The chief may terminate jurisdiction under Chapter 1513. of the Revised Code over the reclaimed site of a completed coal mining and reclamation operation, or increment thereof, upon the chief's final decision in accordance with Chapter 1501:13-7 of the Administrative Code to release the performance security fully.

(2) Following a termination under paragraph (D)(1) of this rule, the chief shall reassert jurisdiction under Chapter 1513. of the Revised Code over a site if it is demonstrated that the performance security release was based on fraud, collusion, or misrepresentation of a material fact.

Last updated February 27, 2023 at 9:45 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-14

(A) In order to achieve the approximate original contour, the operator shall, as provided by this rule, transport, backfill, compact where advisable to ensure stability or to prevent leaching of toxic materials, and grade all spoil material to eliminate all highwalls, spoil piles, and depressions. Where highwalls are reduced by blasting, all of the provisions of this rule will apply. Small depressions may be left if compatible with the future land use and comply with the requirements of this rule. Cut and fill terraces may be used only in those situations expressly identified in this rule. The postmining graded slopes must approximate the premining natural slopes in the area in accordance with paragraphs (B) and (C)(1) of this rule, except as provided under paragraph (L) of this rule.

(B) Slope measurements.

(1) To determine the natural slopes of the area before mining, representative slopes must be accurately measured and recorded.

(a) Each slope measurement shall be taken along the prevailing slope extending one hundred linear feet above and below or beyond the coal outcrop or the area to be disturbed, or, where this is impractical, at locations specified by the chief.

(b) Where the area has been previously mined, the measurements shall be representative of the premining configuration of the land.

(c) Slope measurements shall take into account natural variations in slope so as to provide accurate representation of the range of natural slopes and shall reflect geomorphic differences of the area to be disturbed.

(2) After the disturbed area has been graded, the final graded slopes shall be measured, comparing the premining slope measurements as shown on the application map.

(3) Slope measurements shall be subject to a five-degree tolerance unless otherwise specified by the chief, provided that this tolerance does not conflict with the approved postmining land use.

(C) Final graded slopes.

(1) The final graded slopes shall not exceed either the approximate premining slopes as determined according to paragraph (B) of this rule and approved by the chief or any lesser slope specified by the chief based on consideration of soil, climate, or other characteristics of the surrounding area. Proof of a minimum long-term static safety factor of 1.3 for the final slopes may be required by the chief. Final graded slopes shall not exceed the angle of repose or such lesser slope as is necessary to achieve this minimum long-term static safety factor and to prevent slides. Postmining final graded slopes need not be uniform.

(2) On approval by the chief and in order to conserve soil moisture, ensure stability, and control erosion on final grade slopes, cut and fill terraces may be allowed if the terraces are compatible with the postmining land use approved under rule 1501:13-9-17 of the Administrative Code, and are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces shall meet the following requirements:

(a) The design and construction is to be certified by an engineer;

(b) The slope of the terrace outslope shall not exceed fifty per cent; and

(c) No highwalls may be left.

(3) All operations on natural slopes of more than twenty degrees or on such lesser slopes as the chief defines as a steep slope shall meet the provisions of rule 1501:13-13-05 of the Administrative Code.

(D) Spoil, except excess spoil disposed of in accordance with rule 1501:13-9-07 of the Administrative Code, shall be returned to the mined-out area or used in accordance with paragraph (E) of this rule for blending to restore approximate original contour.

(E) Blending of spoil. Spoil may be placed on the area outside the mined-out area in nonsteep slope areas within the limits of the approximate original contour by blending the spoil into the surrounding terrain provided all the following requirements are met:

(1) All vegetative and organic material shall be removed from the area;

(2) The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with rule 1501:13-9-03 of the Administrative Code; and

(3) The spoil area shall be backfilled and graded on the area in accordance with the requirements of this rule.

(F) Mountaintop removal. The requirements of this paragraph and of rule 1501:13-13-04 of the Administrative Code shall apply to coal mining operations which remove entire coal seams in the upper part of a mountain, ridge, or hill by removing all of the overburden. Final graded top plateau slopes on the mined area shall be less than twenty per cent so as to create a level plateau or gently rolling configuration and the outslopes of the plateau shall not exceed fifty per cent or such lesser slopes as the chief shall prescribe. Although the area need not be restored to approximate original contour, all highwalls, spoil piles, and depressions except as provided in paragraphs (G) and (H) of this rule shall be eliminated. All mountaintop removal operations shall, in addition, meet the provisions of rule 1501:13-13-04 of the Administrative Code.

(G) Small depressions. The requirement of this rule to achieve the approximate original contour does not prohibit construction of small depressions if they are approved by the chief to minimize erosion, conserve soil moisture, promote revegetation, or enhance fish and wildlife. These depressions shall be compatible with the approved postmining land use and shall not be inappropriate substitutes for construction of lower grades on the reclaimed lands. The total surface area and the holding capacity of the depression shall be approved by the chief. Permanent impoundments shall be governed by paragraph (H) of this rule and by rule 1501:13-9-04 of the Administrative Code.

(H) Permanent impoundments. Permanent impoundments may be retained in mined and reclaimed areas provided all highwalls are eliminated by grading to appropriate contour and the provisions for postmining land use pursuant to rule 1501:13-9-17 of the Administrative Code and protection of the hydrologic balance pursuant to rule 1501:13-9-04 of the Administrative Code are met. No impoundments shall be constructed on top of areas in which excess spoil is deposited pursuant to rule 1501:13-9-07 of the Administrative Code.

(I) Regrading or stabilizing rills and gullies. Rills and gullies which form in regraded, topsoiled areas shall be filled, regraded or otherwise stabilized and have the topsoil replaced and the areas reseeded or replanted, when the rills and gullies either:

(1) Disrupt the approved postmining land use or the reestablishment of the vegetative cover; or

(2) Cause or contribute to a violation of water quality standards.

(J) Covering or otherwise treating coal and acid-forming, toxic-forming, combustible, and other waste materials; stabilizing backfilled materials; and using waste material for fill.

(1) Covering all exposed coal seams remaining after mining. Any acid-forming, toxic-forming or combustible materials, or any other waste materials exposed, used, or produced from a coal mining operation shall be:

(a) Placed in such a manner so as to:

(i) Isolate said materials to minimize contact with water;

(ii) Prevent combustion; and

(iii) Prevent adverse effects on plant growth and land use;

(b) Placed in such a manner so as not to be in proximity to a drainage course; and

(c) Covered with four feet of nontoxic and noncombustible material or treated to a nontoxic and noncombustible state. The chief may allow less than four feet of cover material based on physical and chemical analyses which show the requirements of rule 1501:13-9-15 of the Administrative Code will be met.

(2) Stabilization. Backfilled materials shall be selectively placed and compacted wherever necessary to prevent leaching of acid- or toxic-forming materials into surface or subsurface waters in accordance with rule 1501:13-9-04 of the Administrative Code and wherever necessary to ensure the stability of the backfilled materials. The method of compacting material and the design specifications shall be approved by the chief before the acid- or toxic-forming materials are covered.

(3) Use of waste materials as fill. Coal mine wastes may be disposed of in the mined-out area only if disposed of in accordance with paragraphs (A) and (B) of rule 1501:13-9-09 of the Administrative Code, except that a long-term static safety factor of 1.3 shall be achieved.

(K) Grading along the contour. All final grading, preparation of overburden before replacement of topsoil, and placement of topsoil in accordance with rule 1501:13-9-03 of the Administrative Code, shall be done along the contour to minimize subsequent erosion and instability. If such grading, preparation or placement along the contour would be hazardous to equipment operators, then grading, preparation, or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation, or placement shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.

(L) The postmining slope may vary from the approximate original contour when approval is obtained from the chief for:

(1) Mountaintop removal operations in accordance with paragraph (C) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of paragraph (F) of this rule and of rule 1501:13-13-04 of the Administrative Code are met;

(2) A variance from approximate original contour requirements in accordance with paragraph (E) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of rule 1501:13-13-05 of the Administrative Code are met; or

(3) Incomplete elimination of highwalls in previously mined areas in accordance with paragraph (K) of rule 1501:13-4-12 of the Administrative Code, provided the following performance standards are met. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

(a) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the highwall. The area of reasonably available spoil shall be included within the permit area;

(b) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability;

(c) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the chief, that the highwall remnant is stable;

(d) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment; and

(e) For auger mining operations, the following additional requirements shall be met:

(i) The coal seam mined shall be covered with a minimum of four feet of nonacid-, nontoxic-forming material; and

(ii) The person who conducts the auger mining operation shall demonstrate to the chief that the backfill, designed by an engineer, has a minimum static safety factor for the stability of the backfill of at least 1.3.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-1-02

As used in Chapters 1501:13-1 to 1501:13-14 of the Administrative Code:

(A) "Abatement plan" means any individual technique or combination of techniques, the implementation of which may result in reduction of the base line pollution load. Abatement techniques may include but are not limited to best management practices such as: addition of alkaline material, daylighting old underground mines, special plans for managing toxic- and acid-forming material, regrading, and revegetation.

(B) "Acid drainage" means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned coal mine and reclamation operation or from an area affected by coal mining and reclamation operations.

(C) "Acid-forming materials" means earth materials that contain sulfide mineral or other materials which, if exposed to air, water, or weathering processes, will form acids that may create acid drainage.

(D) "Acid water" means any waters, the pH of which, as determined by standard methods, is less than 6.0.

(E) "Adjacent area" means the area outside the affected area or permit area where air, surface or ground water, fish, wildlife, vegetation or other resources protected by Chapter 1513. of the Revised Code, determined according to the context in which "adjacent area" is used, are or reasonably could be expected to be adversely affected by proposed coal mining and reclamation operations including probable impacts from underground workings. With respect to underground mining operations, "adjacent area" shall include, at a minimum, the surface areas above full coal recovery areas.

(F) "Affected area" means any land or water surface area which is used to facilitate, or is physically altered by, coal mining and reclamation operations.

(1) The affected area includes:

(a) The disturbed area;

(b) Any area upon which coal mining and reclamation operations are conducted;

(c) Any adjacent lands the use of which is incidental to coal mining and reclamation operations;

(d) All areas covered by new or existing roads used to gain access to, or for hauling coal to or from coal mining and reclamation operations, but may not include public roadways, provided that:

(i) The public roadway was in existence prior to the application for the permit;

(ii) The effect on the public roadway from mining use will be minor; and

(iii) The public roadway is incidentally, rather than directly, part of the mining operation;

(e) Any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, shipping areas; and

(f) Any areas upon which are sited structures, facilities, or other property material on the surface resulting from, or incident to, coal mining and reclamation operations.

(2) The affected area does not include surface disturbance attributable solely to underground mine subsidence, provided that this exception shall not be construed as a limitation on the authority of the chief or his or her authorized representative to require submission of information about, or take enforcement or other actions in regard to, subsidence disturbances and conditions existing in areas overlying underground workings before, during, and after mining, which areas are not within the permit or affected area.

(G) "Alternative financial security" means a trust fund, a standby trust fund, or other similar agreement or mechanism for the benefit of the state, enforceable under law and approved by the chief, that assures sufficient funds are available and devoted solely to the purpose of providing and maintaining long-term water treatment or a long-term alternative water supply, as applicable, for permits the chief determines require alternative financial security under division (F)(8) of section 1513.16 of the Revised Code.

(H) "Angle of draw" means the angle with the vertical, made by a straight line extending away from the edge of the mined-out area to the ground surface, spanning the horizontal distance in which subsidence may occur.

(I) "Applicant" means any person seeking a permit, permit renewal or revision to a permit, or a transfer, assignment or sale of permit rights from the chief to conduct coal mining and reclamation operations.

(J) "Application" means the documents and other information filed with the chief under Chapter 1513. of the Revised Code, and rules adopted thereunder, for the issuance of a permit, permit renewal or revision to a permit, or for a transfer, assignment or sale of permit rights for coal mining and reclamation operations.

(K) "Approximate original contour" means that surface configuration achieved by backfilling and grading of a mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. Permanent water impoundments may remain where the chief determines that they are in compliance with division (A)(8) of section 1513.16 of the Revised Code.

(L) "Aquifer" means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use.

(M) "Area mining" means a method of surface coal mining that involves making a series of parallel mining cuts against the highwall created from the initial mining cut. Spoil from each subsequent cut is placed in the preceding cut where coal has been removed and, as a result, area mining forms a series of parallel spoil ridges. Area mining along the contour differs from contour mining in that at least three successive parallel cuts are made from the initial cut.

(N) "Auger mining" means a method of mining coal at a highwall by drilling holes or cutting into an exposed coal seam from the highwall and transporting the coal along an auger bit or by conveyors or other means to the surface.

(O) "Backfill" or "backfilling" means to fill an excavation or pit with material to a predetermined configuration by reducing the peaks, valleys, and outslopes of the spoil, and filling the cut.

(P) "Base line pollution load" means the characterization of the material being discharged from or on the pollution abatement area, described in terms of mass loading for net acidity, total iron, total manganese, and total suspended solids, including seasonal variations and variations in response to precipitation events.

(Q) "Best available technology economically achievable" means measures and practices which will abate or ameliorate to the maximum extent possible pollution discharges from or on the pollution abatement area. These measures include engineering, geochemical or other applicable practices.

(R) "Best management practice" means a practice implemented during the mining and reclamation of remining sites that is designed to reduce, if not completely eliminate, the pre-existing water pollution problems. Best management practices are tailored to specific mining operations based largely on pre-existing site conditions, hydrology, and geology. Best management practices are designed to function in a physical and/or geochemical manner to reduce pollution loadings. These best management practices may include engineering, geochemical materials handling, daylighting, regrading, revegetation, diversion ditches or other applicable practices.

(S) "Best technology currently available" means equipment, devices, systems, methods, or techniques which:

(1) Will prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable state or federal laws;

(2) Will minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife, and related environmental values, and achieve enhancement of those resources where practicable; and

(3) Are currently available anywhere as determined by the chief. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of sedimentation ponds.

(T) "Cemetery" means any area of land where human bodies are interred.

(U) "Chief" means chief of the division of mineral resources management.

(V) "Coal exploration" means the field gathering of environmental data and surface or subsurface geologic, physical, or chemical data by trenching, drilling or other techniques that disturb the natural land surface and that are necessary to determine the quality and quantity of overburden and coal of an area.

(W) "Coal exploration permit" means a permit to conduct coal exploration operations that substantially disturb the natural land surface, issued by the chief pursuant to section 1513.072 of the Revised Code.

(X) "Coal mine waste" means coal processing waste and underground development waste.

(Y) "Coal mining and reclamation operations" means coal mining operations and all activities necessary and incidental to the reclamation of such operations.

(Z) "Coal mining operation" means:

(1) Activities conducted on the surface of lands in connection with a coal mine, the removal of coal from coal refuse piles, and surface impacts incident to an underground coal mine. Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining; the use of explosives and blasting; in situ distillation or retorting; leaching or other chemical or physical processing; and the cleaning, concentrating, or other processing or preparation of coal. Such activities also include the loading of coal at or near the mine site. Such activities do not include the following:

(a) The extraction of coal incidental to the extraction of other minerals if the weight of coal extracted is less than one-sixth the total weight of minerals removed, including coal;

(b) The extraction of coal as an incidental part of federal, state, or local highway or other government-financed construction when approved by the chief; or

(c) Coal exploration subject to section 1513.072 of the Revised Code; and

(2) The areas upon which such activities occur or where such activities disturb the natural land surface. Such areas include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or improvement or use of existing roads to gain access to the site of such activities, and for hauling, excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities. Separation by a stream, roadway, or utility easement does not preclude two or more contiguous tracts of land from being considered contiguous.

(AA) "Coal preparation" means chemical or physical processing and the cleaning, concentrating, or other processing or preparation of coal.

(BB) "Coal preparation plant" means a facility where coal is subjected to chemical or physical processing or cleaning, concentrating, or other processing or preparation. It includes facilities associated with the coal preparation plant, including, but not limited to, the following: loading facilities; storage and stockpile facilities; sheds, shops, and other buildings; water treatment and water storage facilities; settling basins and impoundments; and coal processing and other waste disposal areas.

(CC) "Coal processing waste" means earth materials which are wasted or otherwise separated from the product coal after physical or chemical processing, cleaning, or concentrating of coal.

(DD) "Collateral bond" means an indemnity agreement in a sum certain payable only to the state and executed by the permittee or applicant as principal which is supported by one or more of the following:

(1) The deposit of cash in one or more federally insured accounts, payable only to the state upon demand;

(2) Negotiable bonds of the United States or the state of Ohio endorsed to the order of, and placed in the possession of, the state;

(3) Negotiable certificates of deposit, payable to, and in possession of, the state;

(4) An irrevocable letter of credit of any bank organized or authorized to transact business in the state of Ohio, payable only to the state upon presentation by the chief; or

(5) A trust fund naming the state as primary beneficiary in an amount sufficient to complete the reclamation plan for any and all areas that may be in default at any time and devoted solely to the purpose of providing performance security in accordance with these rules.

(EE) "Combustible material" means organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.

(FF) "Community or institutional building" means any building other than a public building or an occupied dwelling, which:

(1) Is used primarily for meetings, gatherings, or functions of local civic organizations or other community groups;

(2) Functions as an educational, cultural, historic, religious, scientific, correctional, mental health, or physical health care facility; or

(3) Is used for public services, including, but not limited to, water supply, power generation or sewage treatment.

(GG) "Compaction" means increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or roller loads from heavy equipment.

(HH) "Complete application" means an application for the issuance of a permit, permit renewal or revision to a permit, or for a transfer, assignment or sale of permit rights for coal mining and reclamation operations which contains all the information required under Chapter 1513. of the Revised Code and these rules and necessary to initiate processing and public review.

(II) "Contour mining" means a method of surface coal mining that involves making an initial mining cut along the contour of a hillside to the maximum highwall height and then making subsequent cuts along the same contour, placing spoil in the preceding cut where the coal has been removed.

(JJ) "Cropland" means land used for the production of cultivated crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land will not be considered as having been used for the production of cultivated crops on the basis of use as woodland or rangeland, or where the only cultivation has been disking to establish or help maintain grass used as a forage, or where the only cultivation has been disking to plant small grain for a quick cover to be used as forage and not as a grain crop.

(KK) "Cumulative hydrologic impact assessment" means the assessment of the probable cumulative impact of all anticipated mining in the general and adjacent area upon the hydrologic balance of the area and particularly upon water availability.

(LL) "D permit" means a permit issued pursuant to an application filed with the division of mineral resources management pursuant to section 1513.07 of the Revised Code, effective September 1, 1981.

(MM) "Developed spring" means a spring regularly being used for domestic or agricultural purposes.

(NN) "Disturbed area" means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by coal mining operations. Those areas are classified as disturbed until reclamation is complete and the performance security or other assurance of performance required by section 1513.08 of the Revised Code is released.

(OO) "Diversion" means a channel, embankment, or other man-made structure constructed for the purpose of diverting water from one area to another.

(PP) "Downslope" means the land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor.

(QQ) "Drainage plan" means a description or illustration of the method of collection, treatment, and discharge of all or any of the waters within, flowing onto, or being discharged from the permit area.

(RR) "Effluent limitations" means a specific, numeric, measurable set of limits on the amount of various pollutants that are placed on point source discharges through the national pollutant discharge elimination system (NPDES). For a remining NPDES permit that uses non-numeric limitations, "effluent limitations" means the best management practice as required under that NPDES permit.

(SS) "Embankment" means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or for other similar purposes.

(TT) "Engineer" means a professional engineer registered in accordance with the requirements of Chapter 4733. of the Revised Code.

(UU) "Ephemeral stream" means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local water table.

(VV) "Excess spoil" means spoil material disposed of in a location other than the mined-out area, except that spoil material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain in non-steep slope areas shall not be considered excess spoil, provided that the blending will be done in accordance with paragraph (E) of rule 1501:13-9-14 of the Administrative Code.

(WW) "Existing structure" means a structure or facility used in connection with or to facilitate coal mining and reclamation operations for which construction began prior to August 16, 1982.

(XX) "Forfeiture of performance security" means that the chief shall proceed against the permittee in the manner set forth in rule 1501:13-7-06 of the Administrative Code.

(YY) "Fragile lands" means areas containing natural, ecologic, scientific, or esthetic resources that could be significantly damaged by coal mining operations. Examples of fragile lands include valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, paleontological sites, national natural landmarks, areas where mining may result in flooding, environmental corridors containing a concentration of ecologic and esthetic features, and areas of recreational value due to high environmental quality.

(ZZ) "Fugitive dust" means that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or coal mining and reclamation operations or both. During coal mining and reclamation operations it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed.

(AAA) "Full coal recovery" means recovery of a high percentage of the in-place coal reserve by pillar removal, longwall mining, or other underground mining method in which support is removed from the roof of the mine under a large enough area that a full or partial collapse or subsidence of the mine roof is planned as part of the method of mining.

(BBB) "General area" means, with respect to hydrology, the topographic and ground-water basin in and surrounding a permit area which is of sufficient size to include the area to be affected by all anticipated mining activities, including one or more watersheds containing perennial streams and ground-water zones, and to allow assessment of the probable cumulative impacts on the quality and quantity of surface and ground-water systems in the basins. Anticipated mining shall include, at a minimum, the entire projected lives, through performance security releases, of:

(1) The proposed operation;

(2) All existing operations; and

(3) Any operation for which a permit application has been submitted to the chief.

(CCC) "Grading" means the shaping of material to conform to the approved mining and reclamation plan.

(DDD) "Ground water" means subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated.

(EEE) "Head-of-hollow fill" means a fill structure consisting of any material, other than organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow, measured at the steepest point, are greater than twenty degrees or the average slope of the profile of the existing hollow from the toe of the fill to the top of the fill is greater than ten degrees. In head-of-hollow fills the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.

(FFF) "Higher or better uses" means postmining land uses that have a higher economic value or nonmonetary benefit to the landowner or the community than the premining land uses.

(GGG) "Highwall" means the face of exposed overburden and coal in an open cut of a coal mining operation or for entry to underground mining operations.

(HHH) "Highwall remnant" means that portion of a highwall that remains after backfilling and grading of a remining permit area.

(III) "Historic lands" means areas containing historic, cultural, or scientific resources. Examples of historic lands include archeological sites, properties listed on or eligible for listing on a state or national register of historic places, national historic landmarks, properties having religious or cultural significance to native Americans or religious groups, and properties for which historic designation is pending.

(JJJ) "Historically used for cropland" means:

(1) Lands that have been used for cropland for any five years or more out of the ten years immediately preceding the acquisition, including purchase, lease, or option, of the land for the purpose of conducting or allowing through resale, lease or option the conduct of coal mining and reclamation operations;

(2) Lands that the chief determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific five-years-in-ten criterion, in which case the regulations for prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved; or

(3) Lands that would likely have been used as cropland for any five out of the last ten years, immediately preceding such acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land.

(KKK) "Hydrologic balance" means the relationship between the quality and quantity of inflow to, outflow from, and storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the quantity and quality relationships between precipitation, runoff, evaporation, and the change in ground and surface water storage.

(LLL) "Hydrologic regime" means the entire state of water movement in a given area. It is a function of the climate, and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form and falls as precipitation, moves then along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration.

(MMM) "Imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirements of Chapter 1513. of the Revised Code or these rules in a coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury exists if a rational person, subjected to the same condition or practice giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement.

(NNN) "Impounding structure" means a dam, embankment or other structure used to impound sediment, water, slurry, or other liquid or semi-liquid material.

(OOO) "Impoundments" means all water, sediment, slurry or other liquid or semi-liquid holding structures and depressions, either naturally formed or artificially built.

(PPP) "Incremental area" for a particular permit year applies only to permits for which the applicant or permittee provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code and means:

(1) That area within the permit area which the permittee affects by coal mining and reclamation operations in the particular permit year and which the permittee does not intend to affect in the coming permit year; and

(2) In the permit year in which mining operations are completed on the permit area, all of the affected area not already designated as an incremental area under paragraph (A)(6)(a) of rule 1501:13-7-01 of the Administrative Code.

(QQQ) "Incremental mining unit" applies only to permits for which the applicant or permittee provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code. Incremental mining unit means an area within a permit of sufficient size and configuration to provide for efficient mining and reclamation operations, subject to approval by the chief, where mining and reclamation activities are authorized by the chief and a specific amount of performance security has been determined by the chief pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code.

(RRR) "In situ processes" means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining.

(SSS) "Intermittent stream" means a stream that is below the local water table and flows for at least some part of the year, and obtains its flow from both surface runoff and ground water discharge.

(TTT) "Knowing" or "knowingly" means, except where the context indicates otherwise, that a person who authorized, ordered, or carried out an act or omission knew or had reason to know that the act or omission would result in either a violation or a failure to abate or correct a violation.

(UUU) "Lands eligible for remining" means those lands that would otherwise be eligible for expenditures under section 1513.37 of the Revised Code.

(VVV) "Leachate" means a liquid that has percolated through soil, rock, or waste and has extracted dissolved or suspended materials.

(WWW) "Monitoring" means the collection of environmental data by either continuous or periodic sampling methods.

(XXX) "Mountaintop removal mining" means coal mining operations in which the mining operation removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill except as otherwise provided for in paragraph (B)(1) of rule 1501:13-13-04 of the Administrative Code, by removing substantially all of the overburden off the bench and creating a level plateau or a gently rolling contour, with no highwalls remaining, and capable of supporting postmining land uses in accordance with the requirements of paragraph (C) of rule 1501:13-4-12 of the Administrative Code.

(YYY) "MSHA" means the mine safety and health administration.

(ZZZ) "Mulch" means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing conditions suitable for germination and growth.

(AAAA) "National pollutant discharge elimination system" and "NPDES" means the national permit program authorized under the Clean Water Act, 33 U.S.C. 1251 et seq., that controls water pollution by regulating point sources that discharge pollutants into waters of the United States.

(BBBB) "Natural hazard lands" means geographic areas in which natural conditions exist which pose or, as a result of coal mining operations, may pose a threat to the health, safety, or welfare of people, property or the environment, including areas subject to landslides, cave-ins, severe wind or soil erosion, frequent flooding, avalanches, and areas of unstable geology.

(CCCC) "Non-commercial building" means any building, other than an occupied residential dwelling, that, at the time the subsidence occurs, is used on a regular or temporary basis as a public building or community or institutional building as those terms are defined in this rule. Any building used only for commercial agricultural, industrial, retail or other commercial enterprises is excluded.

(DDDD) "Notice of intention to explore" means the documents and other information filed with the chief for coal exploration, pursuant to section 1513.072 of the Revised Code and rule 1501:13-4-02 of the Administrative Code.

(EEEE) "Noxious plants" means species that have been included on the official list of noxious plants for the state of Ohio.

(FFFF) "Occupied dwelling" means any building that is currently being used on a regular or temporary basis for human habitation.

(GGGG) "Occupied residential dwelling and structures related thereto" means, for purposes of rule 1501:13-12-03 of the Administrative Code, any building or other structure that, at the time the subsidence occurs, is used either temporarily, occasionally, seasonally, or permanently for human habitation. This term also includes any building, structure or facility installed on, above or below, or a combination thereof, the land surface if that building, structure or facility is adjunct to or used in connection with an occupied residential dwelling. Examples of such structures include, but are not limited to, garages; storage sheds and barns; greenhouses and related buildings; utilities and cables; fences and other enclosures; retaining walls; paved or improved patios, walks and driveways; septic sewage treatment facilities; and lot drainage and lawn and garden irrigation systems. Any structure used only for commercial agricultural, industrial, retail or other commercial purposes is excluded.

(HHHH) "Operation" means coal mining operation.

(IIII) "Operator" means any person conducting a coal mining operation and includes the permittee if the permittee is conducting the mining operation or a contract operator if a person under contract with the permittee is conducting the mining operation.

(JJJJ) "Overburden" means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.

(KKKK) "Perennial stream" means a stream or a part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or surface runoff. The term does not include intermittent stream or ephemeral stream.

(LLLL) "Performance security" means a form of financial assurance, including a surety bond; a collateral bond; or a combination thereof, by which a permittee assures faithful performance of all the requirements of Chapter 1513. of the Revised Code, division 1501:13 of the Administrative Code, and the requirements of the permit and reclamation plan.

(MMMM) "Permanent diversion" means a diversion remaining after coal mining and reclamation operations are completed which has been approved for retention by the chief.

(NNNN) "Permanent impoundment" means an impoundment which is approved by the chief and, if required, by other state and federal agencies for retention as part of the postmining land use.

(OOOO) "Permit" means a permit to conduct coal mining and reclamation operations issued by the chief pursuant to section 1513.07 or 1513.074 of the Revised Code.

(PPPP) "Permit area" means the area of land to be affected indicated on the approved map submitted by the applicant or operator with the application required by section 1513.07 or 1513.074 of the Revised Code. This area shall include, at a minimum, all areas which are or will be affected by the coal mining and reclamation operations during the term of the permit. With respect to underground mining operations, "permit area" shall not include those surface areas overlying underground workings and not included within the affected area.

(QQQQ) "Permit year" means the year beginning on the date on which the permit was issued or the year beginning on any yearly anniversary of the permit issuance. Permit years are identified by sequence. For example, the permit year beginning on the date the permit was issued is the "first permit year," the permit year beginning on the first yearly anniversary of the permit is the "second permit year," and so on.

(RRRR) "Permittee" means a person holding or required by Chapter 1513. of the Revised Code to hold a permit.

(SSSS) "Person" means an individual, partnership, corporation, business trust, estate, trust, association or other legal entity, or any political subdivision, instrumentality or agency of the state or the United States.

(TTTT) "Person having an interest which is or may be adversely affected or person with a valid legal interest" means any person:

(1) Who uses any resource of economic, recreational, esthetic, or environmental value that may be adversely affected by coal exploration or coal mining and reclamation operations or any related action of the chief; or

(2) Whose property is or may be adversely affected by coal exploration or coal mining and reclamation operations or any related action of the chief.

(UUUU) "Pit" or "strip mine pit" means that part of the operation prior to backfilling from which coal is being or has been removed from its natural state.

(VVVV) "Point source discharge" means any discernible, confined or discrete conveyance from which a pollutant is, or may be, discharged to the waters of the state.

(WWWW) "Pollution abatement area" means that part or parts of the permit area which are causing or contributing to the base line pollution load, and which must be affected to bring about potential improvement of the base line pollution load, and which may include the immediate location of the discharge(s). The pollution abatement area shall include, to the extent practicable, areas within the permit area which are adjacent to and nearby the remining operation and which also must be affected to reduce the pollution load of the pre-existing discharges, and may include the immediate location of the pre-existing discharges.

(XXXX) "Precipitation event" means a quantity of water resulting from drizzle, rain, snow, sleet, hail, or that quantity of water emanating from snow cover as snowmelt in a limited period of time.

(YYYY) "Pre-existing discharge" means a discharge from surface or subsurface waters which is located on previously mined area as defined in this rule. This term shall include a pre-existing discharge that is relocated as a result of the implementation of best management practices in the permit.

(ZZZZ) "Previously mined area" means land affected by coal mining operations prior to August 3, 1977 that has not been reclaimed to the standards of Chapter 1513. of the Revised Code, as effective September 1, 1981 and thereafter.

(AAAAA) "Prime farmland" means those lands that both:

(1) Are defined by the secretary of agriculture in 7 C.F.R. 657; and

(2) Have been historically used for cropland.

(BBBBB) "Principal shareholder" means any person who is the record or beneficial owner of ten per cent or more of any class of voting stock.

(CCCCC) "Probable hydrologic consequences" means the projected result of proposed coal mining and reclamation operations which may reasonably be expected to change the quantity or quality of the surface and ground water, the flow, timing, or pattern of the surface and ground water, and the stream channel conditions on the permit area and adjacent area.

(DDDDD) "Productivity" means the vegetative yield produced by a unit area for a unit of time.

(EEEEE) "Property to be mined" means the surface estates and mineral estates within the permit area. For those areas covered by underground workings, "property to be mined" means the mineral estates to be mined and the surface estates.

(FFFFF) "Public building" means any building that is owned by a public agency or used primarily for public business or meetings.

(GGGGG) "Public park" means an area or portion of an area dedicated or designated by any federal, state, or local agency primarily for public recreational use, whether or not such is limited to certain times or days, including any land leased, reserved, or held open to the public because of that use.

(HHHHH) "Public roadway" means a road which is:

(1) Designated as a public road in the jurisdiction within which it is located;

(2) Constructed in a manner consistent with other public roads within the jurisdiction within which it is located;

(3) Regularly maintained with public funds; and

(4) Subject to, and available for, substantial use by the public.

(IIIII) "Publicly owned park" means a public park that is owned by a federal, state or local governmental entity.

(JJJJJ) "Reasonably available spoil" means spoil and suitable coal mine waste material generated by the remining operation or other spoil or suitable coal mine waste material located in the permit area and in the immediate vicinity of the permit area that is accessible and available for use and that, when rehandled, will not cause a hazard to public safety or significant damage to the environment.

(KKKKK) "Recharge capacity" means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.

(LLLLL) "Receiving water" means the specific water body of the waters of the state into which point and non-point sources flow.

(MMMMM) "Reclamation" means those actions taken to restore mined land as required by Chapter 1513. of the Revised Code to a postmining land use approved by the chief.

(NNNNN) "Recurrence interval" means the interval of time in which a precipitation event is expected to occur once, on the average. Magnitude of such events are as defined by the "National Weather Service Technical Paper No. 40, Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments or equivalent regional or rainfall probability information developed therefrom. This technical report is available from NOAA's national weather service website www.nws.noaa.gov/ohd/hdsc/currentpf.htm.

(OOOOO) "Refuse pile" means a surface deposit of coal mine waste that does not impound water, slurry, or other liquid or semi-liquid material.

(PPPPP) "Remining" means conducting coal mining and reclamation operations which affect previously mined areas.

(QQQQQ) "Remining NPDES permit" means a national pollutant discharge elimination system permit issued by the Ohio environmental protection agency for a discharge which is in compliance with the permit requirements of 33 U. S.C. section 1311(p).

(RRRRR) "Renewable resource lands" means aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber, and grazing lands.

(SSSSS) "Replacement of water supply" means, with respect to a protected water supply contaminated, diminished, or interrupted by a surface or underground coal mining operation, provision of a water supply on both a temporary and permanent basis equivalent to premining quality and quantity. Replacement includes provision of an equivalent water delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for the premining water supply.

(1) Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.

(2) If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water supply owner.

(TTTTT) "Road" means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or coal mining and reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches and surface. The term includes any access or haul road constructed, used, reconstructed, improved, or maintained for use in coal exploration or within the affected area of coal mining and reclamation operations, including use by coal hauling vehicles leading to transfer, processing, or storage areas. The term does not include ramps and routes of travel within the mining area or within spoil or coal mine waste disposal areas. The term may not include public roadways outside the permitted area, provided that the public roadway was in existence prior to the application for the permit, the effect on the public roadway from mining use will be minor, and the public roadway is incidentally, rather than directly, part of the mining operation.

(UUUUU) "Rules promulgated thereunder," "rules adopted thereunder," or "these rules" means all rules contained in Chapters 1501:13-1 to 1501:13-14 of the Administrative Code.

(VVVVV) "Runoff" means the overland flow caused by excess rainfall.

(WWWWW) "Safety factor" means the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.

(XXXXX) "Sediment" means undissolved organic and inorganic material transported or deposited by water.

(YYYYY) "Sedimentation pond" means an impoundment used to remove solids from water in order to meet water quality standards or effluent limitations before the water leaves the permit area.

(ZZZZZ) "Shadow area" means the surface areas above the underground workings and surface areas that are within the angle of draw of such workings.

(AAAAAA) "Significant, imminent environmental harm to land, air or water resources" means:

(1) An environmental harm is an adverse impact on land, air, or water resources which resources include, but are not limited to, plant and animal life.

(2) An environmental harm is imminent, if a condition, practice, or violation exists which:

(a) Is causing such harm; or

(b) May reasonably be expected to cause such harm at any time before the end of the reasonable abatement time that would be set under section 1513.02 of the Revised Code.

(3) An environmental harm is significant if that harm is appreciable and not immediately reparable.

(BBBBBB) "Slope" means average inclination of a surface, measured from the horizontal.

(CCCCCC) "Soil horizons" means contrasting layers of soils parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The four master soil horizons are:

(1) "A horizon." The uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest;

(2) "E horizon." The layer commonly near the surface below an A horizon and above a B horizon. An E horizon is most commonly differentiated from an overlying A horizon by lighter color and generally has measurably less organic matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these properties;

(3) "B horizon." The layer that typically is immediately beneath the E horizon. This middle layer commonly contains more clay, iron, or aluminum than the A, E or C horizon; and

(4) "C horizon." The deepest layer of the soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.

(DDDDDD) "Soil survey" means a field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. Soil surveys must meet the standards of the national cooperative soil survey.

(EEEEEE) "Spoil" means overburden that has been removed during coal mining operations, including underground development materials, but does not include topsoil.

(FFFFFF) "Stabilize" means any method used to control movement of soil, spoil piles, or areas of disturbed earth and includes, but is not limited to, increasing bearing capacity, increasing shear strength, draining, compacting or revegetating.

(GGGGGG) "Subirrigation" means the supplying of water to plants from underneath or from a semisaturated or saturated subsurface zone where water is available for use by vegetation.

(HHHHHH) "Subsoil" means the B and C horizons or, in instances where the area has been disturbed by agricultural practices, that soil below the soil ordinarily moved in the tillage or its equivalent in uncultivated soil.

(IIIIII) "Substantial legal and financial commitments in a coal mining operation" means significant investments that have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction or storage facilities and other capital-intensive activities. An example would be an existing mine, not actually producing coal, but in a substantial stage of development prior to production. Costs of acquiring the coal in place or of the right to mine it without an existing mine, as described in the above example, alone are not sufficient to constitute substantial legal and financial commitments.

(JJJJJJ) "Substantially disturb" means, for purposes of coal exploration, to affect significantly land or water resources by blasting, by removal of vegetation, topsoil, or overburden, by construction of roads or other access routes, by placement of excavated earth or waste material on the natural land surface, or by other such activities.

(KKKKKK) "Support facilities" means those facilities resulting from or incident to coal mining and reclamation operations and the areas upon which such facilities are located. Support facilities may consist of, but are not limited to, the following facilities: mine buildings; bathhouses; coal loading facilities, coal crushing facilities; coal sizing facilities; coal storage facilities, equipment and storage facilities; fan buildings; hoist buildings; sheds, shops, and other buildings; facilities used to treat and store water for mine consumption; and railroads, surface conveyor systems, chutes, aerial tramways, or other transportation facilities, but not including public roads. "Resulting from or incident to" an activity connotes an element of proximity to that activity.

(LLLLLL) "Surety bond" means an indemnity agreement in a sum certain payable only to the state, executed by the permittee or applicant as principal and which is supported by the performance guarantee of a corporation licensed to do business as a surety in this state.

(MMMMMM) "Surface mining operations" means those coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location.

(NNNNNN) "Surface water" means water, either flowing or standing on the surface of the earth.

(OOOOOO) "Surveyor" means a professional surveyor registered in accordance with the requirements of Chapter 4733. of the Revised Code.

(PPPPPP) "Suspended solids" or "nonfilterable residue," expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the environmental protection agency's regulations for wastewater and analyses (40 C.F.R. part 136).

(QQQQQQ) "Temporary diversion" means a diversion of a stream or overland flow which is used during coal exploration or coal mining and reclamation operations and not approved by the chief to remain after reclamation as part of the approved postmining land use.

(RRRRRR) "Temporary impoundment" means an impoundment used during coal mining and reclamation operations, but not approved by the chief to remain as part of the approved postmining land use.

(SSSSSS) "Topsoil" means the A and E horizon layers, or in instances in which the area has been disturbed by agricultural practices, the soil ordinarily moved in tillage, or its equivalent in uncultivated soil.

(TTTTTT) "Toxic forming materials" means earth materials or wastes having a pH of less than 4.0 or a calcium carbonate deficiency of five tons or more per one thousand tons of material. By order of the chief, such other earth materials or wastes shall be designated toxic which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.

(UUUUUU) "Toxic-mine drainage" means water that is discharged from active or abandoned mines and other areas affected by coal mining operations and which contains a substance which, through chemical action or physical effects, is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it.

(VVVVVV) "Transfer, assignment, or sale of permit rights" means a change of a permittee, including, but not limited to, any fundamental legal change in the structure or nature of a permittee, a name change, or a change in the ownership and operational control of a permittee to a person who has not held a permit issued under Chapter 1513. of the Revised Code for a period of not less than five years where the existence and name of the permittee remain the same.

(WWWWWW) "Trust fund" means money, securities or other property held by a trustee for the benefit of the state that is devoted to the purpose of providing assurance that funds will be available when needed to comply with Chapter 1513. of the Revised Code and rules adopted thereunder and that irrevocably establishes the state as the primary beneficiary.

(XXXXXX) "Unanticipated event or conditions" as used in rule 1501:13-5-01 of the Administrative Code, means an event or condition related to prior mining activity which arises from a surface coal mining and reclamation operation on lands eligible for remining and was not contemplated in the applicable permit.

(YYYYYY) "Underground development waste" means waste-rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings in connection with underground mining operations.

(ZZZZZZ) "Underground mining operations" means underground mining surface operations and underground workings.

(AAAAAAA) "Underground mining surface operations" means the surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities including hoists and ventilating ducts, areas utilized for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed.

(BBBBBBB) "Underground workings" means underground operations such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing and underground mining, hauling, storage and blasting.

(CCCCCCC) "Unwarranted failure to comply" means the failure of the permittee to prevent the occurrence of any violation of the permit or any requirement of Chapter 1513. of the Revised Code or these rules, due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or Chapter 1513. of the Revised Code or these rules due to indifference, lack of diligence, or lack of reasonable care.

(DDDDDDD) "Valid existing rights" means a set of circumstances under which a person demonstrates compliance with the standards under paragraph (A) or (B) of rule 1501:13-3-01 of the Administrative Code and may, subject to the chief's approval, conduct coal mining operations on lands where division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code would otherwise prohibit such operations.

(EEEEEEE) "Valley fill" means a fill structure consisting of any material, other than organic material, that is placed in a valley where side slopes of the existing valley, measured at the steepest point, are greater than twenty degrees, or where the average slope of the profile of the existing valley from the toe of the fill to the top of the fill is greater than ten degrees.

(FFFFFFF) "Violation," for the purposes of rule 1501:13-4-03, paragraph (D) of rule 1501:13-5-01, and rule 1501:13-5-02 of the Administrative Code, means:

(1) A failure to comply with an applicable provision of a federal or state law or regulation pertaining to air or water environmental protection, as evidenced by a written notification from a governmental entity to the responsible person; or

(2) A noncompliance for which the chief has provided one or more of the following types of notice, or the office of surface mining of the U.S. department of the interior or another state regulatory authority has provided equivalent notice under corresponding provisions of the federal regulatory program or a state regulatory program:

(a) A notice of violation;

(b) A cessation order;

(c) A final order, bill, or demand letter pertaining to a delinquent civil penalty;

(d) A bill or demand letter pertaining to delinquent reclamation fees owed to the office of surface mining of the U.S. department of the interior under 30 C.F.R. Part 870; or

(e) A performance security or bond forfeiture order.

(GGGGGGG) "Violation notice," for the purposes of rule 1501:13-4-03, paragraph (D) of rule 1501:13-5-01, and rule 1501:13-5-02 of the Administrative Code, means any written notification from a regulatory authority or other governmental entity of a violation, as specified in the definition of "violation" in this rule.

(HHHHHHH) "Water table" means the upper surface of a zone of saturation where the body of ground water is not confined by an overlying impermeable zone.

(IIIIIII) "Water quality standards" means the rules set forth in Chapter 3745-1 of the Administrative Code establishing stream use designations and water quality criteria protective of such uses for the surface waters of the state.

(JJJJJJJ) "Willful violation" means an act or omission which violates a provision of Chapter 1513. of the Revised Code or these rules, other applicable state or federal laws, or a condition of a permit, committed by a person who intends the result which actually occurs.

(KKKKKKK) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: April 18, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-01

(A) For purposes of this rule:

(1) "Chief" shall mean the chief, his or her authorized representative, or any inspection officer.

(2) "Inactive coal mining and reclamation operation" means an operation:

(a) For which the chief has secured from the permittee the written notice required under paragraph (A) of rule 1501:13-9-16 of the Administrative Code; or

(b) For which reclamation phase II as defined in paragraph (B)(1)(b) of rule 1501:13-7-05 or paragraph (B)(1)(b) of rule 1501:13-7-05.1 of the Administrative Code has been completed.

(3) "Abandoned coal mining and reclamation operation" means an operation where the chief has found in writing that:

(a) All surface and underground coal mining and reclamation activities at the site have ceased;

(b) The chief has issued at least one notice of violation, and either:

(i) Is unable to serve the notice despite diligent efforts to do so; or

(ii) The notice was served and has progressed to a failure-to-abate cessation order;

(c) The chief:

(i) Is taking action to ensure that the permittee and operator, and owners and controllers of the permittee and operator, will be precluded from receiving future permits while violations continue at the site; and

(ii) Is taking action pursuant to rules 1501:13-14-02 and 1501:13-14-06 of the Administrative Code, or section 1513.02, 1513.15, 1513.40, or 1513.99 of the Revised Code to ensure that abatement occurs or that there will not be a recurrence of the failure-to-abate, except where after evaluating the circumstances, the chief concludes that further enforcement offers little or no likelihood of successfully compelling abatement or recovering any reclamation costs; and

(d) Where the site is, or was, permitted and performance security was provided:

(i) The permit has either expired or been revoked; and

(ii) The chief initiated and is diligently pursuing forfeiture of, or has forfeited, any available performance security.

(4) "Active coal mining and reclamation operation" means an operation other than an inactive or abandoned coal mining and reclamation operation.

(B) The chief shall have a right of entry to, upon, or through any coal mining and reclamation operations, coal exploration operations, any premises in which any records required to be maintained are located and any area of land upon which the chief has reason to believe that coal mining and reclamation operations are being conducted.

(C) The chief shall conduct an average of at least one partial inspection per month of each active coal mining and reclamation operation under his or her jurisdiction, and shall conduct such partial inspections of each inactive coal mining and reclamation operation under his or her jurisdiction as are necessary to ensure effective enforcement. A "partial inspection" is an on-site or aerial review of a person's compliance with some of the permit conditions and requirements imposed under Chapter 1513. of the Revised Code and these rules.

(1) If the chief or his or her authorized representative conducts an aerial inspection, the aerial inspection shall be conducted in a manner which reasonably ensures the identification and documentation of conditions at each coal mining and reclamation site inspected.

(2) Any potential violation observed during an aerial inspection shall be investigated on site within three calendar days after the aerial inspection, provided that any indication of a condition, practice or violation constituting cause for issuance of a cessation order under division (D)(1) of section 1513.02 of the Revised Code shall be investigated on site immediately, and provided further that an on-site investigation of a potential violation observed during an aerial inspection shall not be considered to be an additional partial or complete inspection for the purposes of paragraph (C) or (D) of this rule.

(D) The chief shall conduct an average of at least one complete inspection per calendar quarter of each active and inactive coal mining and reclamation operation under his or her jurisdiction. A "complete inspection" is an on-site review of a person's compliance with all permit conditions and requirements imposed under Chapter 1513. of the Revised Code and these rules.

(E) In lieu of the inspection frequency established in paragraphs (C) and (D) of this rule, the chief shall inspect each abandoned site on a set frequency commensurate with the public health and safety and environmental considerations present at each specific site, but in no case shall the inspection frequency be set at less than one complete inspection per calendar year.

(1) In selecting an alternate inspection frequency authorized under paragraph (E) of this rule, the chief shall first conduct a complete inspection of the abandoned site and provide public notice under paragraph (E)(2) of this rule. Following the inspection and public notice, the chief shall prepare and maintain for public review a written finding justifying the alternative inspection frequency selected. This written finding shall justify the new inspection frequency by affirmatively addressing in detail all of the following criteria:

(a) How the site meets each of the criteria under the definition of an abandoned site under paragraph (A)(3) of this rule and thereby qualifies for a reduction in inspection frequency;

(b) Whether, and to what extent, there exist on the site impoundments, earthen structures, or other conditions that pose, or may reasonably be expected to pose imminent dangers to the health or safety of the public or significant environmental harms to land, air, or water resources;

(c) The extent to which existing impoundments or earthen structures were constructed and certified in accordance with prudent engineering designs approved in the permit;

(d) The degree to which erosion and sediment control is present and functioning;

(e) The extent to which the site is located near or above urbanized areas, communities, occupied dwellings, schools, and other public or commercial buildings and facilities;

(f) The extent of reclamation completed prior to abandonment and the degree of stability of unreclaimed areas, taking into consideration the physical characteristics of the land mined and the extent of settlement or revegetation that has occurred naturally with time; and

(g) Based on a review of the complete and partial inspection report record for the site during at least the last two consecutive years, the rate at which adverse environmental or public health and safety conditions have and can be expected to progressively deteriorate.

(2) The public notice and opportunity to comment required under paragraph (E)(1) of this rule shall be provided as follows:

(a) The chief shall place a notice in the newspaper with the broadest circulation in the locality of the abandoned site providing the public with a thirty-day period in which to submit written comments; and

(b) The public notice shall contain the permittee's name, the permit number, the precise location of the land affected, the inspection frequency proposed, the general reasons for reducing the inspection frequency, the performance security status of the permit, the telephone number, address, and electronic mail address where written comments on the reduced inspection frequency may be submitted, and the closing date of the comment period.

(F) The chief shall conduct such inspections of all coal exploration operations as are necessary to ensure compliance with Chapter 1513. of the Revised Code and rules adopted thereunder.

(G) Except as provided in paragraph (M) of this rule, the inspections required under paragraphs (C), (D), (E), and (F) of this rule shall:

(1) Occur without advance notice or search warrant and upon presentation of appropriate credentials;

(2) Be carried out on an irregular basis, so as to monitor compliance at all operations, including those which operate nights, holidays, and weekends;

(3) Occur without prior notice to the permittee or operator being inspected or any agent or employee of such permittee or operator, except for necessary on-site meetings;

(4) Include the prompt filing of inspection reports or other documents adequate to enforce the requirements of and to carry out the terms and purposes of Chapter 1513. of the Revised Code and rules adopted thereunder;

(5) Include the collection of evidence with respect to every violation; and

(6) Allow for inspection of any monitoring equipment or method of exploration or operation and allow access to and acquisition of copies of any records required to be maintained under Chapter 1513. of the Revised Code and rules adopted thereunder.

(H) Citizen's request for inspection.

(1) A citizen may request an inspection by furnishing to the chief a signed or electronically signed, written statement, or an oral report followed by a signed or electronically signed, written statement, giving:

(a) The reason for believing that a violation exists; and

(b) A phone number and address where the citizen can be contacted.

(2) The identity of any person supplying the information to the chief in a request for an inspection shall remain confidential, if requested by the person, unless the person elects to accompany the inspector on the inspection or unless disclosure is required under the state's freedom of information laws.

(3) If an inspection is to be conducted as a result of information provided by the citizen, the citizen shall be notified as far in advance as is practicable when the inspection is to occur and shall be allowed to accompany the inspector. The citizen shall be in the presence of and under control, direction, and supervision of the inspector during the inspection. The citizen does not have the right to enter buildings without consent of the permittee or without a search order.

(4) Within ten days of the inspection or, if there is no inspection, within fifteen days of receipt of the citizen's written statement, the chief or his or her representative shall send the citizen and the permittee the following:

(a) If an inspection was made, a description of the enforcement action taken or an explanation of why no enforcement action was taken;

(b) If no inspection was conducted, an explanation of the reason why; and

(c) An explanation of the citizen's right to informal review of the action of the chief.

(5) The chief shall give copies of all materials in paragraphs (H)(4)(a) and (H)(4)(b) of this rule within the time limits specified in those paragraphs to the person, permittee, or operator alleged to be in violation, except that the name of the citizen shall be removed unless disclosure of the citizen's identity is permitted under paragraph (H)(2) of this rule.

(I) Inspection of operations where coal is extracted incidental to the extraction of other minerals.

(1) Authorized representatives of the chief and of the U.S. secretary of the interior shall have the right to conduct inspections of operations claiming the exemption from the requirements of Chapter 1513. of the Revised Code in accordance with rule 1501:13-4-16 of the Administrative Code.

(2) Each authorized representative of the chief or of the U.S. secretary of the interior conducting an inspection under paragraph (I)(1) of this rule:

(a) Shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;

(b) May, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and

(c) Shall have a right to gather physical and photographic evidence to document conditions, practices, or violations at a site.

(3) No search warrant shall be required with respect to any activity under paragraphs (I)(1) and (I)(2) of this rule, except that a search warrant may be required for entry into a building.

(J) Informal review.

(1) Any person who is or may be adversely affected by a coal mining and reclamation operation may request, in writing or by electronic mail, the chief to review informally an authorized representative's or inspection officer's decision not to inspect or take appropriate enforcement alleged by that person in a request for inspection under paragraph (H) of this rule. The request for review shall include a statement of how the person is or may be adversely affected and why the decision merits review.

(2) The chief shall conduct the review and inform the person, in writing or by electronic mail, of the results of the review within thirty days of receipt of the request. The person alleged to be in violation shall also be given a copy of the results of the review, except that the name of the person who is or may be adversely affected shall not be disclosed unless confidentiality has been waived or disclosure is required under the state's freedom of information laws.

(3) Informal review under this rule shall not affect any right to formal review or to a citizen's suit under Chapter 1513. of the Revised Code and rules adopted thereunder.

(K) Any person who is or may be adversely affected by coal exploration or a coal mining and reclamation operation may notify the chief, in writing or by electronic mail, of any alleged failure to make adequate and complete or periodic inspections as provided in paragraphs (C), (D), (E), and (F) of this rule.

(1) The notification shall include sufficient information to create a reasonable belief that this rule is not being complied with and to demonstrate that the person is or may be adversely affected.

(2) The chief shall, within fifteen days of receipt of the notification, determine whether this rule is being complied with, and if not, shall immediately order an inspection.

(3) The chief shall furnish the complainant with a written or electronic finding, stating his or her determination and actions.

(L) The permittee or operator may accompany the chief during any inspection.

(M) Compliance review.

(1) A permittee may request an on-site compliance review with the chief or his or her authorized representative to review the compliance status of any condition or practice proposed at any coal exploration or coal mining and reclamation operation. Any such review shall not constitute an inspection within the meaning of division (C)(1) of section 1513.09 of the Revised Code or paragraph (C), (D), (E), or (F) of this rule.

(2) The chief or his or her authorized representative may accept or refuse any request to conduct a compliance review under paragraph (M)(1) of this rule.

(3) The chief or his or her authorized representative shall, at any compliance review, review the proposed conditions and practices in order to advise whether any such condition or practice may become a violation of any requirement under Chapter 1513. of the Revised Code, these rules, or the permit.

(4) Neither the holding of a compliance review under this rule nor any opinion given by the chief or his or her authorized representative at such review shall affect:

(a) Any rights or obligations of the state or the permittee with respect to any inspection, notice of violation or cessation order, whether prior or subsequent to such compliance review; or

(b) The validity of any notice of violation or cessation order issued with respect to any condition or practice reviewed at the compliance review.

Last updated February 14, 2022 at 9:05 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-04

(A) General requirements.

(1) This rule shall apply only to coal mining operations other than underground mining operations.

(2)

(a) Each application shall describe and identify the nature of cultural, historic and archeological resources listed or eligible for listing on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, and known archeological sites within the proposed permit and adjacent areas. The description shall be based on all available information, including, but not limited to, information from the state historic preservation officer and from local archeological, historical, and cultural preservation agencies. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(b) The chief may require the applicant to identify and evaluate important historic and archeological resources that may be eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of this rule, through:

(i) Collection of additional information;

(ii) Conduct of field investigations; or

(iii) Other appropriate analyses.

(3) Each application shall describe and identify the lands subject to coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought.

(B) Description of hydrology and geology; general requirements.

Each application shall contain a description of surface and ground water within the general area, and any water which will flow into or receive discharges of water from the permit area. The description shall be prepared in the manner required by paragraphs (B) to (G) of this rule, and conform to the following:

(1) Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the general area shall be provided by the chief, to the extent that this data is available from an appropriate federal or state agency.

(2) If this information is not available from those agencies, the applicant may gather and submit this information to the chief as part of the permit application.

(3) The permit shall not be approved by the chief until this information is made available in the application.

(C) Geology description.

(1) Each application shall include geologic information in sufficient detail to assist in determining:

(a) The probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface and groundwater monitoring is necessary.

(b) All potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined; and

(c) Whether reclamation as required by these rules can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

(2)

(a) The description shall include a general statement of the geology within the proposed permit area and adjacent areas down to and including the deeper of either the first stratum below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely affected by mining. It shall also include the areal and structural geology of the permit and adjacent areas, and the other parameters which influence the required reclamation, and shall show how the areal and structural geology may affect the occurrence, availability, movement, quantity, and quality of potentially affected surface and ground waters. It shall be based on:

(i) The cross sections, maps and plans required by paragraph (B) of rule 1501:13-4-08 of the Administrative Code;

(ii) The information obtained under paragraph (C)(3) of this rule; and

(iii) Geologic literature and practices.

(b) Each application for a permit shall contain the results of tests conducted on the area of land to be mined. Unless the chief first approves a fewer number of test holes, such tests shall consist of test holes made by the boring or drilling method and be conducted at the rate of one test hole for each twenty-five acres of land or fraction thereof, which is underlain by coal on the area of land to be mined. At least one test hole shall be located on the highest elevation in the area of land to be mined. Holes shall be located as far apart as the size and shape of the area of land to be mined will allow. Such holes shall be drilled to the bottom of the material underlying the lowest coal seam to be mined and shall be staked or otherwise marked at the time of filing the application for a permit so as to be clearly visible at the approximate location, and shall be numbered. Such stakes or other markers shall be maintained until the permit to conduct a coal mining operation is granted or denied.

(3) Test borings or core samples.

(a) Test borings or core samples from the proposed permit area shall be collected and analyzed down to and including the stratum immediately below the lowest coal seam to be mined. Individual drilling reports shall be furnished for each test boring or core sampling and shall contain the following information on forms prescribed by the chief:

(i) Location of subsurface water, if encountered;

(ii) Lithologic characteristics including physical properties and thickness of each stratum and each coal seam;

(iii) Chemical analyses to include pH, neutralization potential, potential acidity, total or pyritic sulfur, and calcium carbonate deficiency of each stratum;

(iv) Analyses of the coal seam for acid-forming or toxic-forming materials, including, but not limited to, an analysis of the total sulfur and the sulfur present in pyrite and marcasite;

(v) Identification of the test hole by the number assigned in paragraph (C)(2)(b) of this rule; and

(vi) Identification of all coal seams by name and number.

(b) To verify the results of the applicant's tests, the chief may, prior to approval of the application, require the applicant to drill additional test holes and provide the information required in paragraph (C)(3)(a) of this rule.

(c) If more precise information than can be provided by drilling techniques is warranted by potentially adverse site conditions, the chief may require that the test hole information required in paragraph (C)(3) of this rule be obtained by core drilling.

(4) Prior to submission of an application, an applicant may request that the requirements of paragraphs (C)(2)(b) and (C)(3)(a) of this rule be waived by the chief. The waiver may be granted only if the chief makes a written determination that the statement required is unnecessary because other equivalent information is accessible to him or her in a satisfactory form. If the chief grants a waiver the waiver shall be submitted with the permit application.

(D) Ground water information.

(1) The application shall contain a description of the ground water hydrology for the proposed permit and adjacent areas, including, at a minimum:

(a) The depth below the surface and the horizontal extent of the water table and aquifers;

(b) The lithology and thickness of the aquifers;

(c) Known uses of the water in the aquifers and water table;

(d) The quality of subsurface water, if encountered;

(e) The depth to the water in the coal seam if the seam is a water-bearing stratum, and each water-bearing stratum above and potentially affected water-bearing stratum below the coal seam; and

(f) The approximate rate of discharge or usage of the water.

(2) The application shall contain a water supply inventory to include, at a minimum:

(a) A list of existing water wells on the proposed permit and adjacent areas to describe the quality and quantity of the ground water to include:

(i) Identification number of the well;

(ii) Surface elevation of the well;

(iii) Depth of the well in feet below the land surface;

(iv) Static water level of the well in feet below the land surface;

(v) The lithology of the aquifer in which each well is developed; and

(vi) Name of owner of the well;

(b) A list of existing springs on the proposed permit and adjacent areas to include:

(i) Identification number of the spring;

(ii) Name of owner of any spring that is developed for use as a water supply;

(iii) The surface elevation of the spring; and

(iv) The aquifer each spring flows from; and

(c) A list of the location and type of any public water supply sources on the permit and adjacent areas.

(3) Where information required in the water supply inventory of paragraph (D)(2) of this rule is unobtainable, a statement to that effect shall be made, giving the reasons therefor.

(4) The application shall contain the results of water quality analyses and measurements of static water level or discharge, conducted on at least ten (or all if less than ten) of the wells and springs on the permit and adjacent areas or twenty-five per cent of such wells and springs, whichever number is greater.

(a) Wells and springs chosen for analysis and measurement shall, as a group, represent all known aquifers present in the permit and adjacent areas and shall, wherever possible, be those nearest to or on the permit area.

(b) Sampling for water quality analysis shall be conducted at a minimum one time prior to submission of an application for a permit.

(c) The measurement of static water level or discharge shall be conducted for each well and spring identified in paragraph (D)(4) of this rule at a minimum one time prior to submission of an application for a permit.

(d) Water samples collected at the sites prescribed in paragraph (D)(4) of this rule shall be analyzed for the following parameters according to the methodology specified in 40 C.F.R. parts 136 and 434:

(i) pH in standard units;

(ii) Total acidity in milligrams per liter of CaCO₃;

(iii) Total alkalinity in milligrams per liter of CaCO₃;

(iv) Total manganese in milligrams per liter;

(v) Total iron in milligrams per liter;

(vi) Total hardness in milligrams per liter of CaCO₃;

(vii) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(viii) Total aluminum in milligrams per liter;

(ix) Total sulfates in milligrams per liter; and

(x) Other such information as the chief determines relevant.

(e) The results of water quality analyses and measurements prescribed in paragraph (D) of this rule shall be reported on a form to be provided by the chief.

(5) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D)(7) of this rule shall be submitted with an application for a permit.

(6) Identifying seasonal variations for ground water and surface water. For each application, the applicant shall submit three water samples from each required sampling site designated pursuant to paragraphs (D)(4) and (E)(1) of this rule. One sample shall be from the low flow period, one sample from the high flow period, and one sample from either of the intermediate flow periods, as established in the following table:

Flow Periods and Duration of Flow Periods

| Low Flow | August 16 to October 31 | | --- | --- | | Transition Flow | November 1 to November 15 | | Intermediate Flow | November 16 to January 31 | | Transition Flow | February 1 to February 14 | | High Flow | February 15 to April 30 | | Transition Flow | May 1 to May 15 | | Intermediate Flow | May 16 to July 31 | | Transition Flow | August 1 to August 15 |

(a) For samples submitted to meet the seasonal variations requirements, the period between consecutive samples shall be at least thirty days, but not more than eighteen months, and no sample shall be collected more than thirty-six months before the date of submission of the application to the chief. A sample that exceeds the eighteen month or thirty-six month time limit of this paragraph may be acceptable if the applicant submits the following information with the sample:

(i) The date and sampling site of the sample; and

(ii) A description of all land disturbance activities that existed at the time of the sample date or that have occurred since the sample date within the local watershed that could affect the quality and quantity of the surface water or ground water. The description shall include, but is not limited to, land disturbances such as mining operations, highway construction, cut and fill operations, building construction, and dam construction or demolition.

(iii) A sample that exceeds the eighteen month or thirty-six month time limit is acceptable only if the chief determines that it is still representative of the quality and quantity of the surface water or ground water at the time of submission of the application.

(b) The applicant is not required to collect samples from consecutive flow periods.

(c) The applicant may record a low flow sample as "no flow" if the applicant documents that the applicant made at least two attempts, at least thirty days apart, to collect a flow at that site during the low flow period.

(d) Transition flow periods. A sample obtained during a transition flow period may be used for either the preceding or succeeding flow period if the following conditions are met:

(i) The applicant submits documentation showing that the sample from the transition period accurately reflects the flow period for which the sample is submitted and the chief agrees with this assessment;

(ii) The sample obtained during a transition period is not used for both the preceding and succeeding flow periods;

(iii) At least one of the three required samples is obtained during a flow period other than a transition period; and

(iv) The applicant submits precipitation data for the local watershed for the thirty days prior to the sample date.

(e) Substitute sampling site for one sample. The applicant may request, in writing, that a sample obtained from a site other than a designated sampling site be substituted for one of the three designated site samples. A sample from a substitute site shall not be used as the earliest of the three samples from a designated sampling site. The chief shall review this request and determine whether the substitute sampling site and the data collected from the site are acceptable. In making the request, the applicant shall:

(i) Describe how the substitute sampling site adequately represents the original sampling site;

(ii) Demonstrate that the substitute sampling site is located in the same aquifer as the original sampling site;

(iii) Demonstrate that the geology of the groundwater recharge area of the substitute site, as well as the surface disturbance of the recharge area of the substitute site, are similar to that of the original site;

(iv) Demonstrate that the substitute sampling site represents and performs the same function as the original site;

(v) Demonstrate that the analysis of the water quality and quantity data from the substitute site accurately represents the quality and quantity of the water at the original site and explain any anomalies in water quality or quantity at the substitute site;

(vi) Demonstrate that the flow obtained at the substitute site was obtained during the flow period missed at the original site;

(vii) Include precipitation data for the thirty days prior to the sample date at the substitute site;

(viii) Provide a description of the location of the substitute sampling site relative to the original sampling location. The description shall include bearing and distance measurements from the original sampling location to the substitute sampling location; and

(ix) Submit additional information if required by the chief to support the use of a substitute sample.

(f) The applicant may submit additional samples and other data related to seasonal variations beyond that submitted to meet the minimum requirements of paragraph (D)(6) of this rule.

(7) Water quality and quantity data collected and described other than as required by paragraph (D)(6) of this rule may be submitted to identify seasonal variations in ground water and surface water, provided the chief determines that the alternative data are sufficient to identify seasonal variations needed for the hydrologic assessments required by Chapter 1513. of the Revised Code and the rules adopted thereunder.

(E) Surface-water information.

(1) Within the proposed permit and adjacent areas, all surface-water bodies such as streams, lakes and impoundments and all discharges from the permit area into surface-water bodies shall be described and sampled for analysis under paragraph (E) of this rule. The description shall include the name of any watershed that will receive water discharges, the name, ownership and location of all surface-water bodies and the known uses of the water in these water bodies.

(2) Water samples collected under paragraph (E) of this rule shall be analyzed according to the methodology specified in 40 C.F.R. parts 136 and 434. Surface water information shall include the following water quality data to identify the characteristics of surface waters within the proposed permit and adjacent areas:

(a) Total suspended solids in milligrams per liter;

(b) Total acidity in milligrams per liter of CaCO₃;

(c) Total alkalinity in milligrams per liter of CaCO₃;

(d) pH in standard units;

(e) Total iron in milligrams per liter;

(f) Total manganese in milligrams per liter;

(g) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(h) Total aluminum in milligrams per liter;

(i) Total sulfates in milligrams per liter; and

(j) Other such information as the chief determines relevant.

(3) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D)(7) of this rule shall be submitted with an application for a permit.

(4) The results of water quality analyses and measurements prescribed in paragraph (E) of this rule shall be reported on a form to be provided by the chief.

(F) Alternative water supply information. The application shall identify the extent to which the proposed coal mining operations may proximately result in contamination, diminution, or interruption of an underground or surface source of water that is for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the description shall contain information on water availability and alternative sources of water, including the suitability of alternative water sources for existing premining uses and approved post-mining land uses.

(G) Supplemental information. If the determination of the probable hydrologic consequences required by paragraph (E)(2) of rule 1501:13-4-05 of the Administrative Code indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under paragraphs (D) and (E) of this rule shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analyses of other water quality or quantity characteristics.

(H) Climatological information.

(1) When required by the chief, the application shall contain a statement of the climatological factors that are representative of the proposed permit area, including:

(a) The average seasonal precipitation;

(b) The average direction and velocity of prevailing winds; and

(c) Seasonal temperature ranges.

(2) The chief may request such additional data as deemed necessary to ensure compliance with the requirements of these rules.

(I) Land-use information.

(1) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:

(a) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.

(b) A narrative of the land capability and productivity, which analyzes the land use described under paragraph (I)(1)(a) of this rule in conjunction with other environmental resources information required under these rules. The narrative shall provide analyses of:

(i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area; and

(ii) The productivity of the proposed permit area before mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage, or wood products from the land obtained under high level of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States department of agriculture, state agricultural universities, or appropriate state natural resources or agricultural agencies.

(2) The application shall state whether the proposed permit area has been previously mined, and if so, the following information, if available:

(a) The type of mining method used;

(b) The coal seams or other mineral strata mined;

(c) The extent of coal or other minerals removed;

(d) The approximate dates of past mining; and

(e) The uses of the land preceding mining.

(3) The application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed permit and adjacent areas.

(J) Prime farmland investigation.

(1) The applicant shall conduct a pre-application investigation of the proposed permit area to determine whether lands within the area may be prime farmland. The chief, in consultation with the U.S. natural resources conservation service, shall determine the nature and extent of this investigation.

(2) Land shall not be considered prime farmland if the applicant can demonstrate that:

(a) The land has not been historically used for cropland; or

(b) On the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the U.S. natural resources conservation service.

(3) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of paragraph (J)(2) of this rule.

(4) If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the U.S. natural resources conservation service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed permit area, the applicant shall cause a survey to be made that is of the detail of a second order soil survey used by the U.S. natural resources conservation service for operational conservation planning. This survey shall be used to identify and locate prime farmland soils.

(a) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have been designated as prime farmlands, the applicant shall submit an application, in accordance with the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code, for such designated land.

(b) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have not been designated as prime farmland after review by the U.S. natural resources conservation service, the applicant shall submit a request for negative determination for non-designated land with the permit application establishing compliance with paragraph (J)(2) of this rule.

(K) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated July 10, 2025 at 11:46 PM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-14

(A) The federal regulation references included in these rules can generally be found in public libraries or electronically at the website govinfo.gov/. The publishing dates for the various parts of the Code of Federal Regulations (C.F.R.) are: Title 7, January 1, 2021; Title 30, July 1, 2020; Title 40, July 1, 2020; Title 43, October 1, 2020.

(1) 7 C.F.R. Part 657;

(2) 30 C.F.R. 77.214, 77.215, 77.216, 77.216(a), 77.216-2(a), and 77.216-3;

(3) 30 C.F.R. 710.12;

(4) 30 C.F.R. Part 761;

(5) 30 C.F.R. 843.11;

(6) 30 C.F.R. Chapter VII, Subchapters D, F, and R;

(7) 40 C.F.R. Parts 122, 123, 136, 260 to 270 and 434;

(8) 43 C.F.R. Parts 3480 to 3487.

(B) The federal law references included in these rules are based on the 2018 edition of the United States Code (U.S.C.), dated January 24, 2020. These federal laws can generally be found in public libraries or electronically at the website govinfo.gov/.

(1) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., as amended;

(2) The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq.;

(3) The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq., as amended;

(4) The Bald and Golden Eagle Protection Act, 16 U.S.C. 668 et seq., as amended;

(5) The Migratory Bird Treaty Act of 1918, 16 U.S.C. 703 et seq., as amended;

(6) Section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq.;

(7) The Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended;

(8) The Occupational Safety and Health Act, 29 U.S.C. 651 et seq., as amended;

(9) The Mine Safety and Health Act, 30 U.S.C. 801 et seq., as amended;

(10) Section 518 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1268;

(11) The Clean Water Act, 33 U.S.C. 1251 et seq.;

(12) Water pollution prevention and control effluent limitations, 33 U.S.C. 1311(p);

(13) Subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(14) Section 3001 of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(15) The Clean Air Act, 42 U.S.C. 7401 et seq.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-5-02 Improvidently issued permits.

(A) If the chief has reason to believe that a coal mining and reclamation permit was improvidently issued, the chief shall review the circumstances under which the permit was issued using the criteria in this rule.

(B)

(1) The chief shall make a preliminary finding that a coal mining and reclamation permit was improvidently issued if:

(a) Under the permit eligibility criteria in effect at the time the permit was issued:

(i) The chief should not have issued the permit because of an unabated or uncorrected violation; or

(ii) The permit was issued on the presumption that a violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation; and

(b) The violation:

(i) Remains unabated or uncorrected; and

(ii) Is not the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the regulatory authority, department or agency which has jurisdiction over the violation; and

(c) Through an ownership or control link, the permittee was linked to the violation under the permit eligibility criteria in effect at the time the permit was issued, and the ownership or control link between the permittee and the person responsible for the violation still exists, or, where the link was severed, the permittee continues to be responsible for the violation.

(2) When the chief makes a preliminary finding under paragraph (B)(1) of this rule, the chief shall serve the permittee with a written notice of the preliminary finding, which shall be based on evidence sufficient to establish a prima facie case that the permit was improvidently issued.

(3) Within thirty days of receiving a notice under paragraph (B)(2) of this rule, the permittee may request an informal review of the preliminary finding pursuant to division (A)(3) of section 1513.13 of the Revised Code and may provide evidence to the chief as to why the permit was not improvidently issued under the criteria in paragraph (B)(1) of this rule.

(C) If, in accordance with paragraph (B) of this rule and after considering any evidence submitted under paragraph (B)(3) of this rule, the chief finds that, because of an unabated or uncorrected violation, a permit was improvidently issued, the chief shall use one or more of the following remedial measures:

(1) Implement, with the cooperation of the permittee or other person responsible, and with the cooperation of the agency with jurisdiction over the violation, a plan for the abatement or correction of the violation;

(2) Impose on the permit a condition requiring that in a reasonable period of time the permittee or other person responsible abate or correct the violation;

(3) Suspend the permit pursuant to paragraph (D) of this rule until the violation is abated or corrected; or

(4) Rescind the permit pursuant to paragraph (D) of this rule.

(D)

(1) If, in accordance with paragraph (B) of this rule, the chief finds that a permit was improvidently issued, and if, under paragraph (C)(3) or (C)(4) of this rule, the chief elects to suspend or rescind the permit, the chief shall serve on the permittee notice of proposed suspension and rescission which includes the reasons for the finding and states that in sixty days the permit will be suspended, or in one hundred and twenty days the permit will be rescinded, unless, within either of those periods of time, the permittee submits proof, and the chief finds that:

(a) The chief's finding under paragraph (B) of this rule was erroneous;

(b) The permittee or other person responsible has abated or corrected the violation on which the finding was based to the satisfaction of the agency with jurisdiction over the violation;

(c) The violation is the subject of a good faith administrative or judicial appeal and there does not remain in force an initial judicial decision affirming the violation;

(d) The violation is the subject of an abatement or correction plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the agency with jurisdiction over the violation;

(e) The permittee has severed any ownership or control link with the person responsible for, and does not continue to be responsible for, the violation, and this link was severed subsequent to the chief's finding pursuant to paragraph (B) of this rule; or

(f) The permittee is pursuing a good faith appeal of the relevant ownership or control listing or finding and there does not remain in force an initial judicial decision affirming the listing or finding.

(2) When the chief suspends or rescinds a permit pursuant to this rule, the chief shall:

(a) Immediately order the cessation of coal mining and reclamation operations under the permit; and

(b) Post written notice of the cessation order at the division of mineral resources management district office closest to the permit area.

(3) After permit suspension or rescission, the permittee shall cease all coal mining and reclamation operations under the permit, except for violation abatement or correction and for reclamation and other environmental protection measures as required by the chief.

(E) Any person having an interest that is or may be adversely affected by a decision of the chief made pursuant to this rule may appeal by filing a notice of appeal with the reclamation commission pursuant to section 1513.13 of the Revised Code.

History

• Effective: December 30, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-5-03 Revocation of exemption for coal extraction incidental to the extraction of other minerals.

(A) The chief shall conduct an annual review of compliance with each exemption for coal extraction incidental to the extraction of other minerals approved under rule 1501:13-4-16 of the Administrative Code. The chief shall utilize the annual report submitted in accordance with paragraph (K) of rule 1501:13-4-16 of the Administrative Code, information obtained during an on-site inspection, and any other information available to the chief.

(B) If the chief has reason to believe that a specific mining area was not exempt from the requirements of Chapter 1513. of the Revised Code under the provisions of rule 1501:13-4-16 of the Administrative Code at the end of the previous reporting period, is not exempt, or will be unable to satisfy the exemption criteria at the end of the current reporting period, the chief shall notify the operator that the exemption may be revoked and the reason(s) therefore. The exemption shall be revoked unless the operator demonstrates to the chief within thirty days that the mining area in question should continue to be exempt.

(C)

(1) If the chief finds that an operator has not demonstrated that activities conducted in the mining area qualify for the exemption from the requirements of Chapter 1513. of the Revised Code for incidental coal extraction under rule 1501:13-4-16 of the Administrative Code, the chief shall revoke the exemption and immediately notify the operator by order of the chief. If a decision is made not to revoke an exemption, the chief shall immediately notify the operator. The chief shall also immediately notify any person who submitted written comments in accordance with paragraph (C)(3) of rule 1501:13-4-16 of the Administrative Code, regarding the request for exemption, of the decision to revoke or not to revoke the exemption.

(2) Any adversely affected person may request administrative review of a decision whether to revoke an exemption within thirty days of the notification of such decision in accordance with section 1513.13 of the Revised Code.

(3) A notice of appeal filed under section 1513.13 of the Revised Code shall not suspend the effect of a decision whether to revoke an exemption.

(D) Direct enforcement.

(1) Protection from enforcement of coal mining and reclamation standards for operators mining in accordance with an approved exemption.

An operator mining in accordance with the terms of an approved exemption from the requirements of Chapter 1513. of the Revised Code for incidental coal extraction under rule 1501:13-4-16 of the Administrative Code shall not be cited for violations of Chapter 1513. of the Revised Code or these rules which occurred prior to the revocation of the exemption.

(2) Enforcement against operators in violation of an approved exemption.

An operator who does not conduct activities in accordance with the terms of an approved exemption and knows or should know such activities are not in accordance with the approved exemption shall be subject to direct enforcement action for violations of Chapter 1513. of the Revised Code which occur during the period of such activities.

(3) Operator responsibilities upon revocation of an exemption or denial of an exemption.

Upon revocation of an exemption or denial of an exemption application, an operator shall stop conducting surface coal mining operations until a permit to conduct coal mining operations is obtained and shall comply with the reclamation standards of Chapter 1513. of the Revised Code and these rules with regard to conditions, areas and activities existing at the time of revocation or denial.

Last updated January 18, 2024 at 11:41 AM

History

• Effective: January 1, 1993
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-4-16

The purpose of this rule is to establish exemption criteria so that legitimate operators of industrial minerals mining operations regulated under Chapter 1514. of the Revised Code may extract coal which they encounter incidentally while recovering other minerals, without being subject to the permitting and performance standards of Chapter 1513. of the Revised Code. Continued qualification for the exemption from the requirements of Chapter 1513. of the Revised Code shall depend upon annual demonstration of maintenance of the required ratios between cumulative coal production and revenues and cumulative mineral production and revenues. Each pit or excavation site contained in a single surface mining permit may be included in a single exemption, but must individually comply with all of the requirements of this rule.

(A)

(1) This rule shall apply to the extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent of the total tonnage of coal and other minerals removed for purposes of commercial use or sale.

(2) Any person who plans to commence or continue coal extraction after the effective date of this rule in reliance on the incidental mining exemption shall file a complete request for exemption with the chief for each mining area. A person shall not commence coal extraction based upon the exemption until the chief approves such request, except as provided in paragraph (E)(3) of this rule.

(B) Definitions.

(1) "Cumulative measurement period" means the period of time over which both cumulative production and cumulative revenue are measured. The cumulative measurement period shall be considered to have begun:

(a) For mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or other minerals commenced at that mining area or August 3, 1977; or

(b) For mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date extraction of coal or other minerals commenced at that mining area, whichever is earlier.

(2) "Cumulative production" means the total tonnage of coal or other minerals extracted from a mining area during the cumulative measurement period. Coal extracted and stockpiled may be excluded from cumulative production, and other minerals extracted and stockpiled may be included in cumulative production, if the requirements of paragraph (I) of this rule are met.

(3) "Cumulative revenue" means the total revenue derived from the sale of coal or other minerals and the fair market value of coal or other minerals transferred or used, but not sold, during the cumulative measurement period.

(4) "Mining area" means an individual excavation site or pit from which coal, other minerals and overburden are removed.

(5) "Other minerals" means any commercially valuable substance mined for its mineral value, excluding coal, topsoil, waste and fill material, or any material mined and used on-site in the construction of waste disposal facilities

(C) Application requirements and procedures.

(1) Existing operations. Any person who has commenced coal extraction at a mining area in reliance upon the incidental mining exemption prior to the effective date of this rule may continue mining operations for sixty days after such effective date. Coal extraction shall not continue after such sixty-day period unless that person files an administratively complete request for exemption with the chief. If a complete request is filed within sixty days, the person may continue extracting coal in reliance on the exemption beyond the sixty-day period until the chief makes an administrative decision on such request.

(2) Additional information. The chief shall notify the person seeking exemption if the request for exemption is incomplete and may at any time require submittal of additional information.

(3) Public comment period. Written comments regarding or objections to a request for exemption may be submitted to the chief by any person having an interest which is or may be adversely affected by a decision on the request for exemption within thirty days after the publication of the newspaper notice required by paragraph (D)(9) of this rule.

(D) Contents of request for exemption. A request for exemption shall include at a minimum:

(1) The name and address of the person seeking exemption;

(2) A list of the minerals sought to be extracted;

(3) Estimates of annual production of coal and the other minerals within each mining area over the anticipated life of the mining operation;

(4) Estimated annual revenues to be derived from bona fide sales of coal and other minerals to be extracted within the mining area;

(5) Where coal or the other minerals are to be used rather than sold, estimated annual fair market values at the time of projected use of the coal and other minerals to be extracted from the mining area;

(6) The basis for all annual production, revenue, and fair market value estimates;

(7) A description, including county, township if any, and boundaries of the land, of sufficient certainty that the mining areas may be located and distinguished from other mining areas;

(8) An estimate to the nearest acre of the number of acres that will compose the mining area over the anticipated life of the mining operation;

(9) Evidence of one-time publication, in a newspaper of general circulation in the county of the mining area, of a public notice that a request for exemption has been filed with the chief. The public notice must identify the person claiming the exemption, must contain a description of the proposed operation and its locality that is sufficient for interested persons to identify the operation, and must specify that comments may be submitted within thirty days to the "Division of Mineral Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229";

(10) Representative stratigraphic cross-section(s) based on test borings or on other information identifying and showing the relative position, approximate thickness and density of the coal and each other mineral to be extracted for commercial use or sale and the relative position and thickness of the innerburden and overburden;

(11) A map of appropriate scale which clearly identifies the mining area;

(12) A general description of mining and mineral processing activities for the mining area;

(13) A summary of sales commitments and agreements for future delivery, if any, which the person seeking exemption has received for other minerals to be extracted from the mining area, or a description of potential markets for such minerals;

(14) If the other minerals are to be commercially used by the person seeking exemption, a description specifying the use;

(15) For operations having extracted coal or other minerals prior to filing a request for exemption, in addition to the information required above, the following information must also be submitted:

(a) Any relevant documents the operator has received from the chief documenting its exemption from the requirements of the Chapter 1513. of the Revised Code;

(b) The cumulative production of the coal and the cumulative production of other minerals from the mining area; and

(c) Estimated tonnages of stockpiled coal and other minerals; and

(16) Any other information pertinent to the qualification of the operation as exempt.

(E) Exemption determination.

(1) No later than ninety days after filing of a complete request for exemption, the chief shall make a written determination whether, and under what conditions, the person claiming the exemption is exempt under this rule, and shall notify the person seeking exemption and persons submitting comments on the request for exemption of the determination and the basis for the determination.

(2) The determination of exemption shall be based upon information contained in the request for exemption and any other information available to the chief at that time.

(3) If the chief fails to provide a person seeking exemption with the determination as specified in paragraph (E)(1) of this rule, such a person who has not begun may commence coal extraction pending a determination on the request for exemption unless the chief issues an interim finding, together with reasons therefor, that the person shall not begin coal extraction.

(F) Administrative review.

(1) Any person adversely affected by a determination made pursuant to paragraph (E) of this rule may request administrative review within thirty days of the notification of such determination in accordance with section 1513.13 of the Revised Code.

(2) A notice of appeal filed under section 1513.13 of the Revised Code shall not suspend the effect of a determination under paragraph (E) of this rule.

(G) Requirements for exemption.

(1) Activities are exempt from the requirements of Chapter 1513. of the Revised Code if all of the following are satisfied:

(a) The cumulative production of coal extracted from the mining area and calculated annually does not exceed sixteen and two thirds percent of the total combined cumulative production of coal and other minerals removed during the cumulative measurement period for purposes of bona fide sale or reasonable commercial use;

(b) Coal is produced from a geological stratum lying above or immediately below the deepest stratum from which other minerals are extracted for purposes of bona fide sale or reasonable commercial use. For the purposes of this paragraph, the term immediately below means that the coal to be mined shall be located not more than three feet below the lowest other mineral to be mined;

(c) The cumulative revenue derived from the coal extracted from the mining area and calculated annually shall not exceed fifty percent of the total combined cumulative revenue derived from the coal and other minerals removed for purposes of bona fide sale or reasonable commercial use. If the coal extracted or the minerals removed are used by the operator or transferred to a related entity for use instead of being sold in a bona fide sale, then the fair market value of the coal or other minerals shall be calculated at the time of use or transfer and shall be used to calculate cumulative revenue;

(d) Other minerals mined in a mining area but not in the stratigraphic column of coal removed shall not be used to calculate cumulative production under paragraph (G)(1)(a) of this rule or cumulative revenue under paragraph (G)(1)(c) of this rule; and

(e) Augering of coal is not used as a mining method, except for permits issued prior to February 29, 1988, that had approved mining plans that allowed the augering of coal.

(2) A person seeking or that has obtained an exemption from the requirements of Chapter 1513. of the Revised Code shall comply with the following:

(a) Each mineral other than coal upon which an exemption under this rule is based must be a commercially valuable mineral for which a market exists or which is mined in bona fide anticipation that a market will exist for the mineral in the reasonably foreseeable future, not to exceed twelve months from the end of the current period for which cumulative production is calculated. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate the above standard.

The initial request for exemption may be approved by the chief conditioned upon receipt, prior to the commencement of mining, of a legally binding agreement for the future sale of other minerals.

(b) If either coal or other minerals are transferred or sold by the operator to a related entity for its use or sale, the transaction must be made for legitimate business purposes.

(H) Conditions of exemption. A person extracting coal in accordance with this rule shall:

(1) Maintain on-site or at other locations available to authorized representatives of the chief and of the U.S. secretary of the interior information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the request for exemption and exemption approved by the chief;

(2) Notify the chief upon the completion of the mining operation or permanent cessation of all coal extraction activities; and

(3) Conduct operations in accordance with the approved request for exemption or, when authorized to extract coal under paragraph (C)(1) or (E)(3) of this rule prior to submittal or approval of request for exemption, in accordance with the standards of this rule.

(I) Stockpiling of minerals.

(1) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity, or use:

(a) Up to an amount equaling a twelve-month supply of the coal required for future sale, transfer or use as calculated based upon the average annual sales, transfer and use from the mining area over the two preceding years; or

(b) For a mining area where coal has been extracted for a period of less than two years, up to an amount that would represent a twelve-month supply of the coal required for future sales, transfer or use as calculated based on the average amount of coal sold, transferred or used each month.

(2) Minerals other than coal.

(a) The chief shall disallow all or part of an operator's tonnages of stockpiled other minerals for purposes of meeting the requirements of this rule if:

(i) The operator fails to maintain adequate and verifiable records of:

(a) The mining area of origin; or

(b) The disposition of stockpiles; or;

(ii) The disposition of the stockpiles indicates the lack of commercial use or market for the minerals.

(b) The chief may only allow an operator to utilize tonnages of stockpiled other minerals for purposes of meeting the requirements of this rule if:

(i) The stockpiling is necessary to meet market conditions or is consistent with generally accepted industry practices; and

(ii) Except as provided in paragraph (I)(2)(c) of this rule, the stockpiled other minerals do not exceed a twelve-month supply of the mineral required for future sales as relied upon by the chief in the approved request for exemption.

(c) The chief may allow an operator to utilize tonnages of stockpiled other minerals beyond the twelve-month limit established in paragraph (I)(2)(b) of this rule if the operator can demonstrate to the chief's satisfaction that the additional tonnage is required to meet future business obligations of the operator, such as may be demonstrated by a legally binding agreement for future delivery of the minerals.

(d) The chief may periodically revise the other mineral stockpile tonnage limits in accordance with the criteria established by paragraphs (I)(2)(b) and (I)(2)(c) of this rule based on additional information available to the chief.

(J) Public availability of information.

(1) Except as provided in paragraph (J)(2) of this rule, all information submitted to the chief under this rule shall be made available in accordance with section 149.43 of the Revised Code for public inspection and copying at the district office nearest the mining operation claiming exemption until at least three years after expiration of the period during which the subject mining area is active.

(2)

(a) The chief may keep information submitted under this rule confidential if:

(i) The person submitting it requests in writing, at the time of submission, that it be kept confidential; and

(ii) The information concerns trade secrets or is privileged commercial or financial information relating to the competitive rights of the person intending to conduct operations under this rule.

(b) Information requested to be held as confidential under paragraph (J)(2)(a) of this rule shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.

(K) Reporting requirements.

(1) Following approval by the chief of an exemption for a mining area, the person receiving the exemption shall, for each mining area, file a written report annually with the chief, on a form provided by the chief, containing the information specified in paragraph (K)(4) of this rule.

(2) For purposes of the report, the cumulative measurement period defined in paragraph (B)(1) of this rule shall end on the anniversary of the date of issuance of the surface mining permit required under Chapter 1514. of the Revised Code. The report shall be filed no later than thirty days after each anniversary date of issuance of the surface mining permit.

(3) The information in the report shall cover:

(a) Annual production of coal and other minerals and annual revenue derived from coal and other minerals during the preceding twelve-month period; and

(b) The cumulative production of coal and other minerals and the cumulative revenue derived from coal and other minerals.

(4) The report shall specify for each mining area, over both the preceding twelve-month period and the cumulative measurement period:

(a) The number of tons of extracted coal sold in bona fide sales and total revenue derived from such sales;

(b) The number of tons of coal extracted and used by the operator or transferred to or used by a related entity and the estimated total fair market value of such coal;

(c) The number of tons of coal stockpiled;

(d) The number of tons of other commercially valuable minerals extracted and sold in bona fide sales and total revenue derived from such sales;

(e) The number of tons of other commercially valuable minerals extracted and used by the operator or transferred to or used by a related entity and the estimated total fair market value of such minerals; and

(f) The number of tons of other commercially valuable minerals extracted and stockpiled by the operator.

(5) The report shall include projections for each mining area of the anticipated production of coal and of other minerals in the upcoming twelve-month period.

(6) The report shall be accompanied by documentation that a market will exist in the upcoming twelve-month period for each mineral other than coal on which the exemption is based. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate this standard.

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Chapter 1501:13-6 Small Operator Assistance Program

Ohio Adm.Code 1501:13-6-03 Small operator assistance program.

(A) General.

(1) The small operator assistance program (S.O.A.P.) governs the procedures for providing financial assistance to qualified small mine operators who request assistance under division (B)(3) of section 1513.07 of the Revised Code for:

(a) The determination of the probable hydrologic consequences of mining and reclamation under division (B)(1)(k) of section 1513.07 of the Revised Code including the engineering analyses and designs necessary for the determination;

(b) The geologic drilling and statement of the results of physical and chemical analyses of test borings or core samples required under division (B)(1)(o) of section 1513.07 of the Revised Code;

(c) The development of cross-section maps and plans required under division (B)(1)(n)(i) of section 1513.07 of the Revised Code;

(d) The collection of archaeological information required under division (B)(1)(m) of section 1513.07 of the Revised Code and any other archaeological and historical information required by the chief, and the preparation of plans necessitated thereby;

(e) Pre-blast surveys required under division (E) of section 1513.161 of the Revised Code; and

(f) The collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values required by the chief under Chapter 1513. of the Revised Code.

(2) The objective of this rule is to meet the intent of division (B)(3) of section 1513.07 of the Revised Code by providing financial assistance to qualified small operators.

(3) The chief shall provide financial assistance under division (B)(3) of section 1513.07 of the Revised Code to the extent funds are appropriated by congress specifically for this program.

(4) The chief shall:

(a) Review requests for financial assistance and determine eligible applicants;

(b) Develop and maintain a list of qualified laboratories;

(c) Select and pay laboratories, or reimburse eligible applicants for paying laboratories that have been selected by the division of mineral resources management for services rendered; and

(d) Conduct periodic on-site evaluations of the program activities with the appropriate small operator and laboratories.

(5) The chief shall develop policies and procedures for:

(a) Data acquisition, analysis and interpretation;

(b) Model contract stipulations; and

(c) Qualification of labs.

(6) The chief shall ensure that applicable equal opportunity in employment provisions are included within any contract or other procurement documents.

(B) Program services. To the extent possible with available funds, the chief shall, for eligible small operators who request financial assistance, select and pay a qualified laboratory or reimburse an eligible operator to hire a qualified laboratory selected by the division of mineral resources management to provide those services requested and eligible under paragraph (A) of this rule.

(C) Eligibility for assistance.

(1) An applicant is eligible for assistance if he or she:

(a) Intends to apply for a permit pursuant to Chapter 1513. of the Revised Code; and

(b) Establishes that his or her probable total actual and attributed annual production from all locations during any consecutive twelve-month period either during the term of his or her permit or during the first five years after issuance of his or her permit, whichever period is shorter, will not exceed three hundred thousand tons.

(2) In determining an applicant's eligibility his or her production figures will be verified by referencing production figures on file at the Ohio department of taxation and the Ohio department of natural resources. Production from the following operations shall be attributed to the permittee:

(a) The pro rata share, based upon percentage of ownership of applicant, of coal produced by operations in which the applicant owns ten per cent or more interest;

(b) The pro rata share, based upon percentage of ownership of applicant, of coal produced in other operations by persons who own ten per cent or more of the applicant's operation;

(c) All coal produced by operations owned by persons who directly or indirectly control the applicant by reason of direction of the management; and

(d) All coal produced by operations owned by members of the applicant's family and the applicant's relatives, unless it is established that there is no direct or indirect business relationship between or among them.

(3) An applicant is not eligible if he or she organizes or reorganizes his or her company solely for the purpose of obtaining assistance under this rule.

(D) Filing for assistance. Each applicant shall submit the following information to the chief:

(1) A statement of intent to file a permit application;

(2) The names, addresses and telephone numbers of:

(a) The potential permit applicant; and

(b) The potential operator if different from the applicant;

(3) The business structure of the applicant, i.e., sole proprietorship, partnership, etc.;

(4) Applicant's three most recent "out of state" permits, if any;

(5) A schedule of the estimated total production of coal from the proposed permit area and all other locations from which production is attributed to the applicant under paragraph (C) of this rule. The schedule shall include for each location:

(a) The name under which coal is or will be mined and severance tax account number of any other company from which production is attributed to the applicant;

(b) The permit number and mine safety and health administration identification number;

(c) The actual coal production for the year preceding the application for assistance and that portion of the production attributed to the applicant; and

(d) The estimated coal production for each year of the proposed permit and that portion attributed to the applicant;

(6) The federal tax identification number of the applicant;

(7) A statement of the anticipated starting and termination dates of the proposed mining operations;

(8) A description of the method of coal mining operation proposed and the number of acres to be affected by the proposed mining;

(9) A topographic map on a scale as required by rule 1501:13-4-09 of the Administrative Code which shows:

(a) The area of land to be permitted;

(b) The adjacent area;

(c) The location of any existing or proposed test borings;

(d) The location and extent of known workings of any underground mines; and

(e) Any additional information required by the chief;

(10) Copies of documents showing that:

(a) The applicant has a legal right to enter and commence mining within the permit area; and

(b) A legal right of entry has been obtained for the office of surface mining, the chief and his or her authorized representatives, and laboratory personnel to inspect the lands which may be affected to collect environmental data or install necessary instruments; and

(11) A general statement on the probable depth and thickness of the coal resource including a statement of reserves in the permit area and the method by which they were calculated.

(E) Application approval and notice.

(1) If the chief finds the applicant eligible, and he or she does not have information readily available which would preclude issuance of a permit to the applicant for mining in the area proposed, he or she shall provide for the acquisition of the necessary information by qualified laboratories to fulfill the data requirements of paragraph (F) of this rule.

(2) If the chief finds the applicant eligible, the chief shall inform the applicant in writing that the application is approved. If the chief finds the applicant ineligible, the chief shall inform the applicant in writing that the application is denied and shall state the reasons for denial.

(3) The granting of assistance under this part shall not be a factor in decisions by the chief on a subsequent permit application.

(F) Data requirements.

(1) The chief shall determine the data collection requirements for each applicant or group of applicants. Data collection and analysis may proceed concurrently with the development of mining and reclamation plans by the applicant. The data requirements will be based on:

(a) The extent of currently available hydrologic and overburden analysis data for the applicable area provided by the division of mineral resources management; and

(b) The data collection and analysis guidelines developed and provided by the chief.

(2) The data, results, analyses, and statements provided to the chief shall be sufficient to satisfy the requirements for:

(a) The determination of the probable hydrologic consequences of the mining and reclamation operations on the proposed permit area and adjacent areas, including the engineering analyses and designs necessary for the determination, shall be made by a qualified laboratory. The data for this determination shall include that information required by division (B)(1)(k) of section 1513.07 of the Revised Code and paragraph (E)(2) of rule 1501:13-4-05 or paragraph (E)(2) of rule 1501:13-4-14 of the Administrative Code;

(b) The drilling and statement, by a qualified laboratory, of the result of test borings or core samplings from the proposed permit area, including that information required by division (B)(1)(o) of section 1513.07 of the Revised Code and paragraphs (C)(2) and (C)(3) of rule 1501:13-4-04 or paragraph (C)(2) of rule 1501:13-4-13 of the Administrative Code, unless this requirement is waived as provided by division (B)(1)(o) of section 1513.07 of the Revised Code;

(c) The development of cross-section maps and plans required by division (B)(1)(n)(i) of section 1513.07 of the Revised Code and paragraph (B) of rule 1501:13-4-08 or paragraph (B) of rule 1501:13-4-08.1 of the Administrative Code;

(d) The collection of archeological information required under division (B)(1)(m) of section 1513.07 of the Revised Code and paragraph (A) of rule 1501:13-4-04 or paragraph (A) of rule 1501:13-4-13 of the Administrative Code, any other archaeological and historical information required by the chief, and the preparation of plans necessitated thereby;

(e) Pre-blast surveys required under division (E) of section 1513.161 of the Revised Code and paragraph (C) of rule 1501:13-9-06 of the Administrative Code; and

(f) The collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values required by the chief under Chapter 1513. of the Revised Code and paragraph (P) of rule 1501:13-4-05 or paragraph (R) of rule 1501:13-4-14 of the Administrative Code.

(3) Data availability. Data collected under this program shall be made available to all interested persons, except information related to the chemical and physical properties of coal. Information regarding the mineral or elemental content of the coal which is potentially toxic in the environment shall be made available. The program administrator shall develop procedures for interstate coordination and exchange of data.

(G) Qualified laboratories.

(1) General.

(a) As used in this rule, "qualified laboratory" means a designated public agency, private consulting firm, institution, or analytical laboratory which can provide services for the required determination or statement under the S.O.A.P. program.

(b) The chief shall establish a list of qualified laboratories which may be used under the procedures of this rule.

(c) Persons who desire to be included in the list of qualified laboratories shall apply to the division of mineral resources management and provide such information as is necessary to establish the qualifications required by paragraph (G)(2) of this rule.

(2) Basic qualifications.

(a) To qualify for designation, the laboratory shall demonstrate that it:

(i) Is staffed with experienced, professional or technical personnel in the fields applicable to the work to be performed;

(ii) Has adequate space for material preparation and cleaning and sterilizing equipment, and has stationary equipment, storage, and space to accommodate periods of peak work loads;

(iii) Meets the requirements for the Occupational Safety and Health Act, 29 U.S.C. 651 et seq., as amended, or the equivalent state safety and health program;

(iv) Has analytical, monitoring and measuring equipment capable of meeting applicable standards and methods;

(v) Is capable of making hydrologic field measurements and analytical laboratory determinations by acceptable hydrologic, geologic or analytical methods in accordance with the requirements of these rules. Methods or guidelines for data acquisition recommended by the chief may also be used; and

(vi) Is capable of collecting necessary field data and samples in accordance with the requirements of these rules.

(b) The qualified laboratory shall be capable of performing services for either the determination(s) or statement(s) under paragraph (F)(2) of this rule.

(3) Subcontractors. Subcontractors may be used to provide some of the required services under this rule, provided their use is identified at the time a determination is made that a firm is qualified and they meet the requirements specified by the chief.

(H) Assistance funding.

(1) Use of funds. Funds specifically authorized to cover payments for services rendered by qualified laboratories under this program shall not be used to cover state administrative costs. In addition to the basic services authorized under paragraph (A)(1) of this rule the following costs are allowed under payments to qualified laboratories or eligible small operators provided that on a case-by-case basis the information is determined necessary to complete the determination and statement required under divisions (B)(1)(k) and (B)(1)(o) of section 1513.07 of the Revised Code:

(a) Observation well drilling and development for ground water monitoring;

(b) Water availability information;

(c) Soils information;

(d) Land use information; and

(e) Necessary maps, charts and diagrams.

(2) Allocation of funds. The chief shall, to the extent practicable, establish procedures for allocating funds to provide services for eligible small operators if available funds are less than those required to provide the services pursuant to this rule.

(I) Applicant liability.

(1) The applicant shall reimburse the division of mineral resources management for the cost of the services performed pursuant to this rule if the applicant:

(a) Submits false information;

(b) Fails to submit a permit application within one year from the date of receipt of the approved laboratory report;

(c) Fails to mine after obtaining a permit;

(d) Produces, from actual and attributed production, more than three hundred thousand tons for all locations during any consecutive twelve-month period of mining either during the term of the permit for which the assistance is provided or during the first five years after issuance of the permit, whichever is shorter; or

(e) Sells, transfers, or assigns the permit to another person and the transferee's total actual and attributed production exceeds the three-hundred-thousand-ton annual production limit during any consecutive twelve-month period of the remaining term of the permit. Under this paragraph, the applicant and its successor are jointly and severally obligated to reimburse the division of mineral resources management.

(2) The chief may waive the reimbursement obligation if he or she finds that the applicant at all times acted in good faith.

(J) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 27, 2023 at 9:48 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-09

All maps and drawings required by Chapter 1513. of the Revised Code or Chapters 1501:13-1 to 1501:13-14 of the Administrative Code shall, in addition to other applicable requirements, be submitted to the division and, where the area of land to be permitted is ten acres or less, have a scale of one inch equals one hundred feet; where the area of land to be permitted is greater than ten acres but less than one hundred acres, have a scale of one inch equals two hundred feet; and where the area of land to be permitted is equal to or greater than one hundred acres, have a scale of one inch equals four hundred feet. All acreage figures required to be reported or estimated shall be to the nearest one-tenth of an acre. All annual maps, progress maps and the final map shall be at the same scale as the application map submitted for the permit.

North shall be toward the top of the map. All maps shall include the following:

(A) A location or quadrangle map placed in the upper right corner of the map, with a scale of one inch equals one mile, which shall depict:

(1) A minimum area of four miles by four miles;

(2) The site of the area of land to be permitted;

(3) State, county, township, and section lines;

(4) Federal, state, county, township, or other roads;

(5) The north arrow; and

(6) Name of the quadrangle map.

(B) A legend placed to the right side and below the location map. The legend shall indicate which map symbols from paragraph (C) of rule 1501:13-4-10 of the Administrative Code appear on the map.

(C)

(1) A notarized map certification by the qualified registered professional surveyor placed to the right side and below the map legend. The certification shall read: "I, the undersigned, hereby certify that this map is correct, and shows to the best of my knowledge and belief all the information required by Chapter 1513. of the Revised Code and rules adopted thereunder."

(2) If the map under paragraph (C)(1) of this rule has the only depiction of design elements for proposed features, the map shall also be signed and sealed by the qualified registered professional engineer who designed those elements. The certification by the engineer shall read: "I, the undersigned, hereby certify that the design elements are correctly depicted on this map."

(D) A title block placed in the lower right corner of the map containing the following information in the order listed:

(1) The title of the map describing whether it is an application map, supplemental map, hydrologic map, progress map, annual map, or final map;

(2) The name of the applicant;

(3) The township and range designation;

(4) The name of the township and county;

(5) The sections and/or lot numbers;

(6) The scale of the map;

(7) The contour interval of the map; and

(8) The date the map was prepared.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-05

(A) Operation plan: general requirements.

(1) This rule shall apply only to coal mining operations other than underground mining operations.

(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations;

(i) The description shall identify the mining method as area mining, contour mining, another named mining method, or combination of methods to be identified by name;

(ii) For contour mining or area mining, the description shall include, at a minimum, the maximum extent of cover to be mined, the location where the mining will begin, the direction the mining will proceed, and the ending point of the operation. If the mining operation will utilize multiple pits, the description shall be included for each mining pit;

(iii) For mining methods other than area mining or contour mining, or for combinations of methods, the description shall include each of the items required under paragraph (A)(2)(a)(ii) of this rule and in addition shall include other information that demonstrates the orderly and reasonable progression of mining, including, but not limited to, spoil placement plans, proposed locations of haul roads that will be used or retained for an extended period of time, and the intended timing of mining operations;

(iv) The description shall specify for the mining method(s) proposed how the time and distance requirements of rule 1501:13-9-13 of the Administrative Code will be met; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code and is approved by the chief):

(i) Dams, embankments, and other impoundments;

(ii) Overburden and topsoil handling and storage areas and structures;

(iii) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(iv) Spoil, coal processing waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;

(v) Mine facilities; and

(vi) Water and air pollution control facilities.

(3) Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in the detail necessary for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(B) Operation plan: existing structures.

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal mining and reclamation operation. The description shall include:

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal mining and reclamation operation. The compliance plan shall include:

(a) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code;

(b) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(C) Operation plan: blasting. Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:

(1) Information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations;

(2) A description of any system to be used to monitor compliance with the airblast and ground vibration limits established under paragraph (C)(1) of this rule, including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring; and

(3) For blasting operations within five hundred feet of active underground mines, copies of the approvals given by the state and federal regulatory authorities concerned with the health and safety of underground miners.

(D) Reclamation plan: general requirements.

(1) Each application shall contain a plan for describing reclamation of the lands within the proposed permit area, showing how the applicant will comply with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder. The plan shall include, at a minimum, all information required under paragraphs (D) to (P) of this rule.

(2) Each plan shall contain, where appropriate, the following information for the proposed permit area:

(a) A detailed timetable for the completion of each major step in the reclamation plan which, at a minimum, addresses the reclamation timing requirements of paragraph (A) of rule 1501:13-9-13 of the Administrative Code, and is specific to the mining method described in accordance with paragraph (A)(2)(a) of this rule;

(b) A description of the backfilling, soil stabilization and grading;

(c) A description of the removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of rule 1501:13-9-03 of the Administrative Code. A demonstration of the suitability of topsoil substitutes or supplements under rule 1501:13-9-03 of the Administrative Code shall be based upon analysis of the thickness of soil horizons, total depth, texture, per cent coarse fragments, pH, and areal extent of the different kinds of soils. The chief may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(d) A description of the revegetation as required in rule 1501:13-9-15 of the Administrative Code, including, but not limited to, descriptions of the:

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(vi) Irrigation, if appropriate, and disease, pest and vermin control, if any; and

(vii) The measures proposed to be used to determine the success of revegetation as required under rule 1501:13-9-15 of the Administrative Code;

(e) A description of the measures to be used to maximize the use and conservation of the coal resources as required by rule 1501:13-9-05 of the Administrative Code;

(f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with paragraph (E) of rule 1501:13-9-09 of the Administrative Code and paragraph (J) of rule 1501:13-9-14 of the Administrative Code and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(g) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with rule 1501:13-9-02 of the Administrative Code; and

(h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and regulations and health and safety standards.

(E) Reclamation plan: protection of the hydrologic balance.

(1) Each application shall contain a plan for the protection of the hydrologic balance. The plan shall be specific to the local hydrologic conditions and shall describe the measures to be taken during and after the proposed coal mining operations in accordance with rule 1501:13-9-04 of the Administrative Code to:

(a) Minimize disturbance to the hydrologic balance within the permit and adjacent areas and to prevent material damage outside the permit area;

(b) Protect the rights of present users of surface and ground water;

(c) Avoid acid or toxic drainage;

(d) Control surface water drainage into, through, and out of the proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative Code;

(e) Treat, when required under these rules, surface and ground water drainage from the area to be disturbed by the proposed activities, so as not to exceed quantitative limits on pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the Administrative Code;

(f) Restore the approximate recharge capacity of the proposed permit area in accordance with paragraph (L) of rule 1501:13-9-04 of the Administrative Code and protect or replace rights of present water users;

(g) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area. Vegetation may be determined by the chief to be the best technology currently available upon a demonstration by the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule 1501:13-9-04 of the Administrative Code have been met. If the applicant proposes to make such a demonstration after vegetation is established and remove siltation structures sooner than two years after the last augmented seeding of a drainage area, the applicant shall state such intentions in the timetable and plans for removal of sediment control structures required by paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;

(h) Address any potential adverse hydrologic consequences identified in the determination of probable hydrologic consequences under paragraph (E)(2) of this rule and include preventative and remedial measures; and

(i) Meet applicable state and federal water quality laws and regulations.

(2) Determination of probable hydrologic consequences (PHC).

(a) The plan shall include a determination of the probable hydrologic consequences of the proposed coal mining operations on the proposed permit area and adjacent areas. This determination shall be based on baseline hydrologic, geologic and other information collected for the permit application with respect to the hydrologic regime, providing information on the quantity and quality of water in surface and ground-water systems under seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, and total manganese.

(b) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area;

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(c) Flooding or streamflow alteration;

(d) Ground-water and surface-water availability; and

(e) Other characteristics as required by the chief.

(c) An application for a permit revision shall be reviewed by the chief to determine whether a new or updated PHC determination shall be required.

(F) Ground-water and surface-water monitoring plans.

(1) Ground-water monitoring plan.

(a) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (E)(1) of this rule. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, specific conductance corrected to twenty-five degrees centigrade, pH, total iron, total manganese, and water levels shall be monitored. The data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(b) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the general area, then monitoring of that stratum may be waived by the chief.

(2) Surface-water monitoring plan.

(a) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R. part 434.

(b) The plan shall identify the surface-water quantity and the quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in the permit and adjacent areas, surface-water bodies such as streams, lakes and impoundments, that are potentially affected or into which water will be discharged, and at upstream monitoring locations, the specific conductance corrected to twenty-five degrees centigrade, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.

(iii) The data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(G) Reclamation plan: postmining land uses.

(1) Each application shall contain a plan for the postmining land use. The plan shall describe the proposed use following reclamation of the land within the proposed permit area including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and

(b) When a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under these rules.

(2) The plan shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation. In cases where no surface disturbance will result from the applicant's proposed use of auger/highwall mining, this paragraph shall not apply.

(3) The plan shall describe the consideration which has been given to making all of the proposed coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.

(1) General requirements.

(a) Each application shall include a detailed design plan for each proposed siltation structure, water impoundment, and coal mine waste bank, dam, or embankment within the proposed permit area. Each plan shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(b) Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (H)(1)(b) of this rule, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any design and construction requirements for the structure, including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(2) Impoundments.

(a) Permanent and temporary impoundments shall be designed in compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any impoundment shall be certified by an engineer experienced in impoundment design and construction. The certification statement shall state that the structure is designed to meet the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each design plan for an impoundment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a). The plan required to be submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be submitted to the chief as part of the permit application.

(c) Impoundments not meeting the size or other criteria of paragraph (H)(1)(b) of this rule may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative Code:

(i) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(ii) If the natural slope of the foundation as measured at right angles to the embankment center line is steeper than 10:1V (ten per cent), the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(iii) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(iv) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(v) The moisture content of the fill material shall be sufficient to secure proper compaction. (An indication of sufficient moisture content is that when kneaded by hand the soil should just form a ball which does not readily separate. The engineer may specify other methods of testing moisture content, if appropriate.) When it is necessary to use materials of varying texture and gradation, the more impervious material shall be placed in the upstream and center portions of the embankment and the more pervious material shall be placed in the downstream portion of the fill;

(vi) The embankment's combined upstream and downstream side slopes shall be no steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added together.); and

(vii) The minimum top width of the embankment shall be (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment.

(3) Siltation structures.

(a) Permanent and temporary siltation structures shall be designed in compliance with the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code. The design of any siltation structure shall be certified by an engineer experienced in impoundment design and construction. The certification shall state that the structure is designed to meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code.

(b) In addition to the requirements of paragraph (H)(1) of this rule, the plan shall include a determination of:

(i) The required sediment storage volume; and

(ii) The detention time provided by the pond.

(c) Each design plan for a siltation structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(4) Coal mine waste dams and embankments.

(a) Coal mine waste dams and embankments shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste dam or embankment shall be certified by an engineer experienced in design of similar earth and waste structures. The certification statement shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current, prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

(iv) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(c) Each design plan for a coal mine waste dam or embankment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(5) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions regarding impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank shall be certified by an engineer experienced in design of similar earth and waste structures. The certification shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current, prudent engineering practices.

(6) If the structure meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called Class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(7) For further information about natural resources conservation service technical release TR-210-60, which is incorporated by reference in paragraph (H) of this rule, see paragraph (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.

(I) Surface mining near underground mining. For surface mining operations within the proposed permit area to be conducted within five hundred feet of an underground mine either active or abandoned, the application shall describe the measures to be used to comply with rule 1501:13-9-08 of the Administrative Code.

(J) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.

(K) Protection of public parks and historic places.

(1) For any publicly owned parks or any places listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, that may be adversely affected by the proposed operation, each application shall describe the measures to be used:

(a) To prevent adverse impacts; or

(b) If valid existing rights exist or joint agency approval is to be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code, to minimize adverse impacts. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(2) The chief may require the applicant to protect historic or archeological properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (K)(1) of this rule, through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

(L) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:

(1) Conducting the proposed coal mining operations within one hundred feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or

(2) Relocating a public road.

(M) Transportation facilities.

(1) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross sections, and the following:

(a) Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

(b) A description of measures to be taken to obtain approval of the chief for alteration or relocation of a natural drainageway under rule 1501:13-10-01 of the Administrative Code;

(c) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the chief under rule 1501:13-10-01 of the Administrative Code;

(d) Drawings and specifications for each proposed ford of perennial or intermittent streams outside the mined-out area that is used as a temporary route, as necessary for approval of the ford by the chief in accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative Code; and

(e) A description of plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road embankments may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (G)(3) of rule 1501:13-10-01 of the Administrative Code:

(a) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(b) If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8h:1v, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(c) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(d) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(e) The moisture content of the fill material shall be sufficient to secure proper compaction;

(f) The side slopes of the embankment shall be no steeper than 2h:1v;

(g) Embankments with upstream and downstream slopes shall have a minimum top width of (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment;

(h) Hillside embankments shall have a minimum top width adequate for the intended use; and

(i) Culverts shall be placed such that the embankment, as defined in rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time.

(N) Disposal of excess spoil.

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to rule 1501:13-9-07 of the Administrative Code. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(a) The character of bedrock and any adverse geologic conditions in the disposal area;

(b) A survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;

(c) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(d) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(e) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(3) If, under paragraph (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or keyway cuts are required, the application shall include the following:

(a) The number, location and depth of borings or test pits. The number, location and depth shall be determined with respect to the size of the spoil disposal structure and sub-surface conditions; and

(b) Engineering specifications utilized to design the rock-toe buttresses or key-way cuts which shall be determined in accordance with paragraph (N)(2)(e) of this rule.

(O) Air pollution control plan. Each application shall contain an air pollution control plan, in order to address fugitive dust resulting from erosion. The plan shall include the following:

(1) An air quality monitoring program, if required by the chief, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (O)(2) of this rule to comply with applicable federal and state air quality standards; and

(2) A plan for fugitive dust control practices.

(P) Fish and wildlife plan.

(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(a) The scope and level of detail for such information shall be determined by the chief in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (P)(2) of this rule.

(b) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary of the interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(2) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable.

(a) This description shall:

(i) Be consistent with the requirements of rule 1501:13-9-11 of the Administrative Code;

(ii) Apply, at a minimum, to species and habitats identified under paragraph (P)(1) of this rule;

(iii) Include protective measures that will be used during the active mining phase of the operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(iv) Include enhancement measures that will be used during the reclamation and postmining phase of the operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(3) Fish and wildlife service review. Upon request, the chief shall provide the resource information required under paragraph (P)(1) of this rule and the protection and enhancement plan required under paragraph (P)(2) of this rule to the U.S. department of the interior, fish and wildlife service regional or field office for their review. This information shall be provided within ten days of receipt of the request from the service.

(Q) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-14

(A) Operation plan: general requirements.

(1) This rule shall apply only to underground mining operations.

(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine including:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code and is approved by the chief):

(i) Dams, embankments, and other impoundments;

(ii) Overburden and topsoil handling and storage areas and structures;

(iii) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(iv) Spoil, coal processing, waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;

(v) Mine facilities; and

(vi) Water and air pollution control facilities.

(3) Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in the detail necessary for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(B) Operation plan: existing structures.

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal mining and reclamation operation. The description shall include:

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) A showing, including relevant monitoring data or other evidence, of whether the structure meets the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal mining and reclamation operation. The compliance plan shall include:

(a) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code;

(b) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(C) Operation plan: blasting. If surface blasting incident to the underground mine operation is to be conducted, the application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:

(1) Information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations;

(2) Description of any system to be used to monitor compliance with the airblast and ground vibration limits established under paragraph (C)(1) of this rule, including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring; and

(3) For blasting operations within five hundred feet of active underground mines, copies of the approvals given by the state and federal authorities concerned with the health and safety of underground miners.

(D) Reclamation plan: general requirements.

(1) Each application shall contain a plan for describing reclamation of the lands within the proposed permit area, showing how the applicant will comply with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder. The plan shall include, at a minimum, all information required under paragraphs (D) to (R) of this rule.

(2) Each plan shall contain, where appropriate, the following information for the proposed permit area:

(a) A detailed timetable for the completion of each major step in the reclamation plan;

(b) A plan for the backfilling, soil stabilization, compacting, and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with rule 1501:13-9-14 of the Administrative Code;

(c) A description of the removal, storage, and redistribution of the topsoil, subsoil, and other material to meet the requirements of rule 1501:13-9-03 of the Administrative Code. A demonstration of the suitability of topsoil substitutes or supplements under rule 1501:13-9-03 of the Administrative Code shall be based upon analysis of the thickness of soil horizons, total depth, texture, per cent coarse fragments, pH, and areal extent of the different kinds of soils. The chief may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(d) A description of the revegetation as required in rule 1501:13-9-15 of the Administrative Code, including, but not limited to, descriptions of the:

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(vi) Irrigation, if appropriate, and disease, pest and vermin control, if any; and

(vii) The measures proposed to be used to determine the success of revegetation as required under rule 1501:13-9-15 of the Administrative Code;

(e) A description of the measures to be used to maximize the use and conservation of the coal resources as required by rule 1501:13-9-05 of the Administrative Code;

(f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials and materials constituting a fire hazard are disposed of in accordance with paragraph (E) of rule 1501:13-9-09 and paragraph (J) of rule 1501:13-9-14 of the Administrative Code and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(g) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings and to plug, case or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with rule 1501:13-9-02 of the Administrative Code; and

(h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and regulations and health and safety standards.

(E) Reclamation plan: protection of hydrologic balance.

(1) Each application shall contain a plan for the protection of the hydrologic balance. The plan shall be specific to the local hydrologic conditions and shall describe the measures to be taken during and after the proposed underground mining operations in accordance with rule 1501:13-9-04 of the Administrative Code to:

(a) Minimize disturbance to the hydrologic balance within the permit and adjacent areas and to prevent material damage outside the permit area;

(b) Protect the rights of present users of surface and ground waters within the permit area and adjacent areas;

(c) Avoid acid or toxic drainage;

(d) Control surface-water drainage into, through, and out of the proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative Code;

(e) Treat, when required under these rules, surface- and ground-water drainage from the area to be disturbed by the proposed underground mining surface operations, so as not to exceed quantitative limits on pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the Administrative Code;

(f) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area. Vegetation may be determined by the chief to be the best technology currently available upon a demonstration by the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule 1501:13-9-04 of the Administrative Code have been met. If the applicant proposes to make such a demonstration after vegetation is established and remove siltation structures sooner than two years after the last augmented seeding of a drainage area, the applicant shall state such intentions in the timetable and plans for removal of sediment control structures required by paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;

(g) Address any potential adverse hydrologic consequences identified in the determination of probable hydrologic consequences under paragraph (E)(2) of this rule and include preventative and remedial measures; and

(h) Meet applicable federal and state water quality laws and regulations.

(2) Determination of probable hydrologic consequences (PHC).

(a) The plan shall include a determination of the probable hydrologic consequences of the proposed underground mining operations on the proposed permit area and adjacent areas. This determination shall be based on baseline hydrologic, geologic and other information collected for the permit application with respect to the hydrologic regime, providing information on the quantity and quality of water in surface- and ground-water systems under seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, and total manganese.

(b) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area;

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(c) Flooding or streamflow alteration;

(d) Ground-water and surface-water availability; and

(e) Other characteristics as required by the chief.

(c) An application for a permit revision shall be reviewed by the chief to determine whether a new or updated PHC determination shall be required.

(3) Each plan shall contain a detailed description, with appropriate drawings, of permanent entry seals and downslope barriers designed to ensure stability under anticipated hydraulic heads developed while promoting mine inundation after mine closure for the proposed permit area.

(F) Ground-water and surface-water monitoring plans.

(1) Ground-water monitoring plan.

(a) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (E)(1) of this rule. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, specific conductance corrected to twenty-five degrees centigrade, pH, total iron, total manganese, and water levels shall be monitored. Data resulting from monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(b) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the general area, then monitoring of that stratum may be waived by the chief.

(2) Surface-water monitoring plan.

(a) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R. part 434.

(b) The plan shall identify the surface-water quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in the permit and adjacent areas, surface-water bodies such as streams, lakes and impoundments, that are potentially affected or into which water will be discharged, and at upstream monitoring locations, the specific conductance corrected to twenty-five degrees centigrade, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.

(iii) Data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(G) Reclamation plan: postmining land uses.

(1) Each application shall contain a plan for the postmining land use. The plan shall describe the proposed use following reclamation of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use polices and plans. This description shall explain:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and

(b) When a land use different from the premining land use is proposed, all materials needed for approval of the alternatives used under these rules.

(2) The plan shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.

(3) The plan shall describe the consideration which has been given to making all of the proposed coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.

(1) General requirements.

(a) Each application shall include a detailed design plan for each proposed siltation structure, water impoundment, and coal mine waste bank, dam, or embankment within the proposed permit area. Each plan shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(b) Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (H)(1)(b) of this rule, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any design and construction requirements for the structure including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(2) Impoundments.

(a) Permanent and temporary impoundments shall be designed in compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any impoundment shall be certified by an engineer experienced in impoundment design and construction. The certification statement shall state that the structure is designed to meet the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each design plan for an impoundment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a). The plan required to be submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be submitted to the chief as part of the permit application.

(c) Impoundments not meeting the size or other criteria of paragraph (H)(1)(b) of this rule may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative Code:

(i) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(ii) If the natural slope of the foundation as measured at right angles to the embankment center line is steeper than 10h:1v (ten per cent), the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(iii) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(iv) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(v) The moisture content of the fill material shall be sufficient to secure proper compaction. (An indication of sufficient moisture content is that when kneaded by hand the soil should just form a ball which does not readily separate. The engineer may specify other methods of testing moisture content if appropriate). When it is necessary to use materials of varying texture and gradation, the more impervious material shall be placed in the upstream and center portions of the embankment and the more pervious material shall be placed in the downstream portion of the fill;

(vi) The embankment's combined upstream and downstream side slopes shall be no steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added together.); and

(vii) The minimum top width of the embankment shall be (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment.

(3) Siltation structures.

(a) Permanent and temporary siltation structures shall be designed in compliance with the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code. The design of any siltation structure shall be certified by an engineer experienced in impoundment design and construction. The certification shall state that the structure is designed to meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code.

(b) In addition to the requirements of paragraph (H)(1) of this rule, the plan shall include a determination of:

(i) The required sediment storage volume; and

(ii) The detention time provided by the pond.

(c) Each design plan for a siltation structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(4) Coal mine waste dams and embankments.

(a) Coal mine waste dams and embankments shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste dam or embankment shall be certified by an engineer experienced in design of similar earth and waste structures. The certification statement shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current, prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

(iv) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(c) Each design plan for a coal mine waste dam or embankment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(5) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions regarding impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank shall be certified by an engineer experienced in design of similar earth and waste structures. The certification shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current, prudent engineering practices.

(6) If the structure meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216 (a), or meets the significant hazard potential or high hazard potential classification (formerly called Class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(7) For further information about natural resources conservation service technical release TR-210-60, which is incorporated by reference in paragraph (H) of this rule, see paragraph (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.

(I) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.

(J) Protection of public parks and historic places.

(1) For any publicly owned parks or any places listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, that may be adversely affected by the proposed operation, each application shall describe the measures to be used:

(a) To prevent adverse impacts; or

(b) If valid existing rights exist or joint agency approval is to be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code to minimize adverse impacts. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html.

(2) The chief may require the applicant to protect historic or archeological properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (J)(1) of this rule, through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

(K) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:

(1) Conducting the proposed coal mining operation within one hundred feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or

(2) Relocating a public road.

(L) Transportation facilities.

(1) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross sections, and the following:

(a) Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

(b) A description of measures to be taken to obtain approval of the chief for alteration or relocation of a natural drainageway under rule 1501:13-10-01 of the Administrative Code;

(c) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the chief under rule 1501:13-10-01 of the Administrative Code;

(d) Drawings and specifications for each proposed ford of perennial or intermittent streams outside the mined-out area that is used as a temporary route, as necessary for approval of the ford by the chief in accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative Code; and

(e) A description of plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road embankments may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (G)(3) of rule 1501:13-10-01 of the Administrative Code:

(a) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(b) If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8h:1v, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(c) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(d) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(e) The moisture content of the fill material shall be sufficient to secure proper compaction;

(f) The side slopes of the embankment shall be no steeper than 2h:1v;

(g) Embankments with upstream and downstream slopes shall have a minimum top width of (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment;

(h) Hillside embankments shall have a minimum top width adequate for the intended use; and

(i) Culverts shall be placed such that the embankment, as defined in rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time.

(M) Subsidence control plan.

(1) The application shall include, for the shadow area, the most recent available U.S. geologic survey 7.5-minute topographic map showing:

(a) The extent of underground workings proposed for the term of the permit, including existing works that will continue to be used under the permit, all shown on a year-by-year basis;

(b) Those parts of the proposed underground workings from which there will be full coal recovery;

(c) The angle of draw for the workings described in paragraphs (M)(1)(a) and (M)(1)(b) of this rule; and

(d) Those areas in which measures will be taken to prevent or minimize subsidence and subsidence-related damage.

(2) The application shall include an inventory which shall show whether structures or renewable resource lands exist within the proposed permit and adjacent areas and whether subsidence, if it occurred, could cause material damage or diminution of the reasonably foreseeable use of such structures or renewable resource lands. If the inventory shows that no such structures or renewable resource lands exists or no such material damage or diminution could be caused in the event of mine subsidence, and if the chief agrees with such conclusion, no further information need be provided in the application under paragraphs (M)(2)(a) to (M)(2)(e) of this rule. In the event the inventory shows that such structures or renewable resource lands exist, and that subsidence could cause material damage or diminution of value or foreseeable use of such structures or renewable resource lands, or if the chief determines that such material damage or diminution could occur, the application shall include a subsidence control plan which shall contain the following information:

(a) A description of the method of coal removal, such as longwall, room-and-pillar removal, hydraulic mining, or other extraction methods, including the size, sequence, and timing for the development of underground workings;

(b) A map of the shadow area which describes the location and extent of areas in which planned-subsidence mining methods will be used and which includes all areas where the measures described in paragraphs (M)(2)(d) and (M)(2)(e) of this rule will be taken to prevent or minimize subsidence and subsidence-related damage; and, where appropriate, to correct subsidence-related material damage;

(c) A description of the physical conditions, such as depth of cover, seam thickness, and lithology, which affect the likelihood or extent of subsidence and subsidence-related damage;

(d) A description of monitoring, if any, needed to determine the commencement and degree of subsidence so that, when appropriate, other measures can be taken to prevent, reduce, or correct material damage in accordance with rule 1501:13-12-03 of the Administrative Code;

(e) Except for those areas where planned subsidence is projected to be used, a detailed description of the subsidence control measures that will be taken to prevent or minimize subsidence and subsidence-related damage, including such measures as:

(i) Backstowing or backfilling voids;

(ii) Leaving support pillars of coal;

(iii) Leaving areas in which no coal is removed, including a description of the overlying area to be protected by leaving the coal in place; and

(iv) Taking measures on the surface to prevent material damage or lessening of the value or reasonably foreseeable use of the surface;

(f) A description of the anticipated effects of planned subsidence, if any;

(g) A general description of the measures to be taken, in accordance with rule 1501:13-12-03 of the Administrative Code, to mitigate or remedy any subsidence-related damage to or diminution in value or reasonably foreseeable use of:

(i) The land; or

(ii) Structures, buildings, features, or facilities to the extent required pursuant to rule 1501:13-12-03 of the Administrative Code; and

(h) Other information required by the chief as necessary to demonstrate that the operation will be conducted in accordance with the performance standards of rule 1501:13-12-03 of the Administrative Code for subsidence control.

(N) Return of coal mine wastes to abandoned underground workings.

(1) Each application shall contain a plan for the return of coal mine wastes to abandoned underground workings. The plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the chief and MSHA under paragraph (A)(7) of rule 1501:13-9-09 of the Administrative Code.

(2) The plan shall describe the source and quality of waste to be stowed, area to be backfilled, per cent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling.

(3) The applicant shall describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime.

(4) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area.

(5) The requirements of paragraphs (N)(1) to (N)(4) of this rule shall also apply to pneumatic backfilling operations, except where the operations are exempted by the chief from requirements specifying hydrologic monitoring.

(O) Underground development waste. Each plan shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by underground mining surface operations and facilities according to rule 1501:13-9-07 of the Administrative Code. Each plan shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the structures and be prepared according to paragraph (P) of this rule.

(P) Disposal of excess spoil.

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to rule 1501:13-9-07 of the Administrative Code. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(a) The character of bedrock and any adverse geologic conditions in the disposal area;

(b) A survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;

(c) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(d) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(e) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(3) If, under paragraph (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or keyway cuts are required, the application shall include the following:

(a) The number, location, and depth of borings or test pits. The number, location, and depth shall be determined with respect to the size of the spoil disposal structure and sub-surface conditions; and

(b) Engineering specifications utilized to design the rock-toe buttresses or keyway cuts which shall be determined in accordance with paragraph (P)(2)(e) of this rule.

(Q) Air pollution control plan. For all underground mining surface operations, the application shall contain an air pollution control plan in order to address fugitive dust resulting from erosion. The plan shall include the following:

(1) An air quality monitoring program, if required by the chief, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (Q)(2) of this rule to comply with applicable federal and state air quality standards; and

(2) A plan for fugitive dust control practices.

(R) Fish and wildlife plan.

(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(a) The scope and level of detail for such information shall be determined by the chief in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (R)(2) of this rule.

(b) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary of the interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(2) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable.

(a) This description shall:

(i) Be consistent with the requirements of rule 1501:13-9-11 of the Administrative Code;

(ii) Apply, at a minimum, to species and habitats identified under paragraph (R)(1) of this rule;

(iii) Include protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(iv) Include enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(3) Fish and wildlife service review. Upon request, the chief shall provide the resource information required under paragraph (R)(1) of this rule and the protection and enhancement plan required under paragraph (R)(2) of this rule to the U.S. department of the interior, fish and wildlife service regional or field office for their review. This information shall be provided within ten days of receipt of the request from the service.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-04

(A) General requirements.

(1) This rule shall apply only to coal mining operations other than underground mining operations.

(2)

(a) Each application shall describe and identify the nature of cultural, historic and archeological resources listed or eligible for listing on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, and known archeological sites within the proposed permit and adjacent areas. The description shall be based on all available information, including, but not limited to, information from the state historic preservation officer and from local archeological, historical, and cultural preservation agencies. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(b) The chief may require the applicant to identify and evaluate important historic and archeological resources that may be eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of this rule, through:

(i) Collection of additional information;

(ii) Conduct of field investigations; or

(iii) Other appropriate analyses.

(3) Each application shall describe and identify the lands subject to coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought.

(B) Description of hydrology and geology; general requirements.

Each application shall contain a description of surface and ground water within the general area, and any water which will flow into or receive discharges of water from the permit area. The description shall be prepared in the manner required by paragraphs (B) to (G) of this rule, and conform to the following:

(1) Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the general area shall be provided by the chief, to the extent that this data is available from an appropriate federal or state agency.

(2) If this information is not available from those agencies, the applicant may gather and submit this information to the chief as part of the permit application.

(3) The permit shall not be approved by the chief until this information is made available in the application.

(C) Geology description.

(1) Each application shall include geologic information in sufficient detail to assist in determining:

(a) The probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface and groundwater monitoring is necessary.

(b) All potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined; and

(c) Whether reclamation as required by these rules can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

(2)

(a) The description shall include a general statement of the geology within the proposed permit area and adjacent areas down to and including the deeper of either the first stratum below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely affected by mining. It shall also include the areal and structural geology of the permit and adjacent areas, and the other parameters which influence the required reclamation, and shall show how the areal and structural geology may affect the occurrence, availability, movement, quantity, and quality of potentially affected surface and ground waters. It shall be based on:

(i) The cross sections, maps and plans required by paragraph (B) of rule 1501:13-4-08 of the Administrative Code;

(ii) The information obtained under paragraph (C)(3) of this rule; and

(iii) Geologic literature and practices.

(b) Each application for a permit shall contain the results of tests conducted on the area of land to be mined. Unless the chief first approves a fewer number of test holes, such tests shall consist of test holes made by the boring or drilling method and be conducted at the rate of one test hole for each twenty-five acres of land or fraction thereof, which is underlain by coal on the area of land to be mined. At least one test hole shall be located on the highest elevation in the area of land to be mined. Holes shall be located as far apart as the size and shape of the area of land to be mined will allow. Such holes shall be drilled to the bottom of the material underlying the lowest coal seam to be mined and shall be staked or otherwise marked at the time of filing the application for a permit so as to be clearly visible at the approximate location, and shall be numbered. Such stakes or other markers shall be maintained until the permit to conduct a coal mining operation is granted or denied.

(3) Test borings or core samples.

(a) Test borings or core samples from the proposed permit area shall be collected and analyzed down to and including the stratum immediately below the lowest coal seam to be mined. Individual drilling reports shall be furnished for each test boring or core sampling and shall contain the following information on forms prescribed by the chief:

(i) Location of subsurface water, if encountered;

(ii) Lithologic characteristics including physical properties and thickness of each stratum and each coal seam;

(iii) Chemical analyses to include pH, neutralization potential, potential acidity, total or pyritic sulfur, and calcium carbonate deficiency of each stratum;

(iv) Analyses of the coal seam for acid-forming or toxic-forming materials, including, but not limited to, an analysis of the total sulfur and the sulfur present in pyrite and marcasite;

(v) Identification of the test hole by the number assigned in paragraph (C)(2)(b) of this rule; and

(vi) Identification of all coal seams by name and number.

(b) To verify the results of the applicant's tests, the chief may, prior to approval of the application, require the applicant to drill additional test holes and provide the information required in paragraph (C)(3)(a) of this rule.

(c) If more precise information than can be provided by drilling techniques is warranted by potentially adverse site conditions, the chief may require that the test hole information required in paragraph (C)(3) of this rule be obtained by core drilling.

(4) Prior to submission of an application, an applicant may request that the requirements of paragraphs (C)(2)(b) and (C)(3)(a) of this rule be waived by the chief. The waiver may be granted only if the chief makes a written determination that the statement required is unnecessary because other equivalent information is accessible to him or her in a satisfactory form. If the chief grants a waiver the waiver shall be submitted with the permit application.

(D) Ground water information.

(1) The application shall contain a description of the ground water hydrology for the proposed permit and adjacent areas, including, at a minimum:

(a) The depth below the surface and the horizontal extent of the water table and aquifers;

(b) The lithology and thickness of the aquifers;

(c) Known uses of the water in the aquifers and water table;

(d) The quality of subsurface water, if encountered;

(e) The depth to the water in the coal seam if the seam is a water-bearing stratum, and each water-bearing stratum above and potentially affected water-bearing stratum below the coal seam; and

(f) The approximate rate of discharge or usage of the water.

(2) The application shall contain a water supply inventory to include, at a minimum:

(a) A list of existing water wells on the proposed permit and adjacent areas to describe the quality and quantity of the ground water to include:

(i) Identification number of the well;

(ii) Surface elevation of the well;

(iii) Depth of the well in feet below the land surface;

(iv) Static water level of the well in feet below the land surface;

(v) The lithology of the aquifer in which each well is developed; and

(vi) Name of owner of the well;

(b) A list of existing springs on the proposed permit and adjacent areas to include:

(i) Identification number of the spring;

(ii) Name of owner of any spring that is developed for use as a water supply;

(iii) The surface elevation of the spring; and

(iv) The aquifer each spring flows from; and

(c) A list of the location and type of any public water supply sources on the permit and adjacent areas.

(3) Where information required in the water supply inventory of paragraph (D)(2) of this rule is unobtainable, a statement to that effect shall be made, giving the reasons therefor.

(4) The application shall contain the results of water quality analyses and measurements of static water level or discharge, conducted on at least ten (or all if less than ten) of the wells and springs on the permit and adjacent areas or twenty-five per cent of such wells and springs, whichever number is greater.

(a) Wells and springs chosen for analysis and measurement shall, as a group, represent all known aquifers present in the permit and adjacent areas and shall, wherever possible, be those nearest to or on the permit area.

(b) Sampling for water quality analysis shall be conducted at a minimum one time prior to submission of an application for a permit.

(c) The measurement of static water level or discharge shall be conducted for each well and spring identified in paragraph (D)(4) of this rule at a minimum one time prior to submission of an application for a permit.

(d) Water samples collected at the sites prescribed in paragraph (D)(4) of this rule shall be analyzed for the following parameters according to the methodology specified in 40 C.F.R. parts 136 and 434:

(i) pH in standard units;

(ii) Total acidity in milligrams per liter of CaCO₃;

(iii) Total alkalinity in milligrams per liter of CaCO₃;

(iv) Total manganese in milligrams per liter;

(v) Total iron in milligrams per liter;

(vi) Total hardness in milligrams per liter of CaCO₃;

(vii) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(viii) Total aluminum in milligrams per liter;

(ix) Total sulfates in milligrams per liter; and

(x) Other such information as the chief determines relevant.

(e) The results of water quality analyses and measurements prescribed in paragraph (D) of this rule shall be reported on a form to be provided by the chief.

(5) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D)(7) of this rule shall be submitted with an application for a permit.

(6) Identifying seasonal variations for ground water and surface water. For each application, the applicant shall submit three water samples from each required sampling site designated pursuant to paragraphs (D)(4) and (E)(1) of this rule. One sample shall be from the low flow period, one sample from the high flow period, and one sample from either of the intermediate flow periods, as established in the following table:

Flow Periods and Duration of Flow Periods

| Low Flow | August 16 to October 31 | | --- | --- | | Transition Flow | November 1 to November 15 | | Intermediate Flow | November 16 to January 31 | | Transition Flow | February 1 to February 14 | | High Flow | February 15 to April 30 | | Transition Flow | May 1 to May 15 | | Intermediate Flow | May 16 to July 31 | | Transition Flow | August 1 to August 15 |

(a) For samples submitted to meet the seasonal variations requirements, the period between consecutive samples shall be at least thirty days, but not more than eighteen months, and no sample shall be collected more than thirty-six months before the date of submission of the application to the chief. A sample that exceeds the eighteen month or thirty-six month time limit of this paragraph may be acceptable if the applicant submits the following information with the sample:

(i) The date and sampling site of the sample; and

(ii) A description of all land disturbance activities that existed at the time of the sample date or that have occurred since the sample date within the local watershed that could affect the quality and quantity of the surface water or ground water. The description shall include, but is not limited to, land disturbances such as mining operations, highway construction, cut and fill operations, building construction, and dam construction or demolition.

(iii) A sample that exceeds the eighteen month or thirty-six month time limit is acceptable only if the chief determines that it is still representative of the quality and quantity of the surface water or ground water at the time of submission of the application.

(b) The applicant is not required to collect samples from consecutive flow periods.

(c) The applicant may record a low flow sample as "no flow" if the applicant documents that the applicant made at least two attempts, at least thirty days apart, to collect a flow at that site during the low flow period.

(d) Transition flow periods. A sample obtained during a transition flow period may be used for either the preceding or succeeding flow period if the following conditions are met:

(i) The applicant submits documentation showing that the sample from the transition period accurately reflects the flow period for which the sample is submitted and the chief agrees with this assessment;

(ii) The sample obtained during a transition period is not used for both the preceding and succeeding flow periods;

(iii) At least one of the three required samples is obtained during a flow period other than a transition period; and

(iv) The applicant submits precipitation data for the local watershed for the thirty days prior to the sample date.

(e) Substitute sampling site for one sample. The applicant may request, in writing, that a sample obtained from a site other than a designated sampling site be substituted for one of the three designated site samples. A sample from a substitute site shall not be used as the earliest of the three samples from a designated sampling site. The chief shall review this request and determine whether the substitute sampling site and the data collected from the site are acceptable. In making the request, the applicant shall:

(i) Describe how the substitute sampling site adequately represents the original sampling site;

(ii) Demonstrate that the substitute sampling site is located in the same aquifer as the original sampling site;

(iii) Demonstrate that the geology of the groundwater recharge area of the substitute site, as well as the surface disturbance of the recharge area of the substitute site, are similar to that of the original site;

(iv) Demonstrate that the substitute sampling site represents and performs the same function as the original site;

(v) Demonstrate that the analysis of the water quality and quantity data from the substitute site accurately represents the quality and quantity of the water at the original site and explain any anomalies in water quality or quantity at the substitute site;

(vi) Demonstrate that the flow obtained at the substitute site was obtained during the flow period missed at the original site;

(vii) Include precipitation data for the thirty days prior to the sample date at the substitute site;

(viii) Provide a description of the location of the substitute sampling site relative to the original sampling location. The description shall include bearing and distance measurements from the original sampling location to the substitute sampling location; and

(ix) Submit additional information if required by the chief to support the use of a substitute sample.

(f) The applicant may submit additional samples and other data related to seasonal variations beyond that submitted to meet the minimum requirements of paragraph (D)(6) of this rule.

(7) Water quality and quantity data collected and described other than as required by paragraph (D)(6) of this rule may be submitted to identify seasonal variations in ground water and surface water, provided the chief determines that the alternative data are sufficient to identify seasonal variations needed for the hydrologic assessments required by Chapter 1513. of the Revised Code and the rules adopted thereunder.

(E) Surface-water information.

(1) Within the proposed permit and adjacent areas, all surface-water bodies such as streams, lakes and impoundments and all discharges from the permit area into surface-water bodies shall be described and sampled for analysis under paragraph (E) of this rule. The description shall include the name of any watershed that will receive water discharges, the name, ownership and location of all surface-water bodies and the known uses of the water in these water bodies.

(2) Water samples collected under paragraph (E) of this rule shall be analyzed according to the methodology specified in 40 C.F.R. parts 136 and 434. Surface water information shall include the following water quality data to identify the characteristics of surface waters within the proposed permit and adjacent areas:

(a) Total suspended solids in milligrams per liter;

(b) Total acidity in milligrams per liter of CaCO₃;

(c) Total alkalinity in milligrams per liter of CaCO₃;

(d) pH in standard units;

(e) Total iron in milligrams per liter;

(f) Total manganese in milligrams per liter;

(g) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(h) Total aluminum in milligrams per liter;

(i) Total sulfates in milligrams per liter; and

(j) Other such information as the chief determines relevant.

(3) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D)(7) of this rule shall be submitted with an application for a permit.

(4) The results of water quality analyses and measurements prescribed in paragraph (E) of this rule shall be reported on a form to be provided by the chief.

(F) Alternative water supply information. The application shall identify the extent to which the proposed coal mining operations may proximately result in contamination, diminution, or interruption of an underground or surface source of water that is for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the description shall contain information on water availability and alternative sources of water, including the suitability of alternative water sources for existing premining uses and approved post-mining land uses.

(G) Supplemental information. If the determination of the probable hydrologic consequences required by paragraph (E)(2) of rule 1501:13-4-05 of the Administrative Code indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under paragraphs (D) and (E) of this rule shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analyses of other water quality or quantity characteristics.

(H) Climatological information.

(1) When required by the chief, the application shall contain a statement of the climatological factors that are representative of the proposed permit area, including:

(a) The average seasonal precipitation;

(b) The average direction and velocity of prevailing winds; and

(c) Seasonal temperature ranges.

(2) The chief may request such additional data as deemed necessary to ensure compliance with the requirements of these rules.

(I) Land-use information.

(1) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:

(a) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.

(b) A narrative of the land capability and productivity, which analyzes the land use described under paragraph (I)(1)(a) of this rule in conjunction with other environmental resources information required under these rules. The narrative shall provide analyses of:

(i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area; and

(ii) The productivity of the proposed permit area before mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage, or wood products from the land obtained under high level of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States department of agriculture, state agricultural universities, or appropriate state natural resources or agricultural agencies.

(2) The application shall state whether the proposed permit area has been previously mined, and if so, the following information, if available:

(a) The type of mining method used;

(b) The coal seams or other mineral strata mined;

(c) The extent of coal or other minerals removed;

(d) The approximate dates of past mining; and

(e) The uses of the land preceding mining.

(3) The application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed permit and adjacent areas.

(J) Prime farmland investigation.

(1) The applicant shall conduct a pre-application investigation of the proposed permit area to determine whether lands within the area may be prime farmland. The chief, in consultation with the U.S. natural resources conservation service, shall determine the nature and extent of this investigation.

(2) Land shall not be considered prime farmland if the applicant can demonstrate that:

(a) The land has not been historically used for cropland; or

(b) On the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the U.S. natural resources conservation service.

(3) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of paragraph (J)(2) of this rule.

(4) If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the U.S. natural resources conservation service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed permit area, the applicant shall cause a survey to be made that is of the detail of a second order soil survey used by the U.S. natural resources conservation service for operational conservation planning. This survey shall be used to identify and locate prime farmland soils.

(a) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have been designated as prime farmlands, the applicant shall submit an application, in accordance with the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code, for such designated land.

(b) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have not been designated as prime farmland after review by the U.S. natural resources conservation service, the applicant shall submit a request for negative determination for non-designated land with the permit application establishing compliance with paragraph (J)(2) of this rule.

(K) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated July 10, 2025 at 11:46 PM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-13

(A) General requirements.

(1) This rule applies only to underground mining operations.

(2)

(a) Each application shall describe and identify the nature of cultural, historic and archeological resources listed or eligible for listing on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, and known archeological sites within the proposed permit and adjacent areas. The description shall be based on all available information, including, but not limited to, information from the state historic preservation officer and from local archeological, historical, and cultural preservation agencies. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(b) The chief may require the applicant to identify and evaluate important historical and archeological resources that may be eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of this rule, through:

(i) Collection of additional information;

(ii) Conduct of field investigations; or

(iii) Other appropriate analyses.

(3) Each application shall describe and identify the lands subject to coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought.

(B) Description of hydrology and geology: general requirements.

Each application shall contain a description of surface and ground water within the permit area, adjacent area, and general area, and any water which will flow into or receive discharges of water from the permit and adjacent area. The description shall be prepared in the manner required by paragraphs (B) to (G) of this rule and conform to the following:

(1) Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the adjacent area shall be provided by the chief, to the extent that this data is available from an appropriate federal or state agency.

(2) If this information is not available from those agencies, the applicant may gather and submit this information to the chief as part of the permit application.

(3) The permit shall not be approved by the chief until this information is made available in the application.

(C) Geology description.

(1) Each application shall include geologic information in sufficient detail to assist in:

(a) Determining the probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface- and ground-water monitoring is necessary.

(b) Determining all potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined;

(c) Determining whether reclamation as required by these rules can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area; and

(d) Preparing the subsidence control plan required under paragraph (M) of rule 1501:13-4-14 of the Administrative Code.

(2)

(a) The description shall include a general statement of the geology within the proposed permit and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely affected by mining. It shall also include the areal and structural geology of the permit and adjacent areas, and the other parameters which influence the required reclamation, and shall show how the areal and structural geology may affect the occurrence, availability, movement, quantity, and quality of potentially affected surface and ground waters. It shall also be based on:

(i) The cross sections, maps and plans required by paragraph (B) of rule 1501:13-4-08 of the Administrative Code and paragraph (B) of rule 1501:13-4-08.1 of the Administrative Code;

(ii) The information obtained under paragraphs (C)(2)(c) to (C)(2)(f) of this rule; and

(iii) Geologic literature and practices.

(b) The geology for all areas proposed to be affected by underground mining surface operations, those surface lands overlying coal to be mined, and the coal to be mined shall be separately described.

Geology of all the strata to be affected by underground mining operations shall be described. The description shall include, at a minimum, the lithologic characteristics and physical and chemical properties of each stratum.

(c) For those areas to be affected by underground mining surface operations where removal of the overburden down to the level of the coal seam will occur, the geology of the strata down to and including the deeper of either the stratum immediately below any coal seam to be mined, or any aquifer below the lowest coal seam to be mined which may be adversely affected by mining shall be described. This description shall include the following data resulting from analyses of test borings or core samplings down to and including the stratum immediately below any coal seam to be mined:

(i) The location of areas where subsurface water will be exposed at the face-up area;

(ii) The logs of drill holes showing the lithologic characteristics of the strata to be affected;

(iii) The physical properties of each stratum within the overburden;

(iv) Chemical analyses of each stratum to be affected, including the stratum immediately below the lowest coal seam to be mined, to identify, at a minimum, those horizons which contain potential acid-forming, toxic-forming, or alkalinity-producing materials; and

(v) Analyses of the coal seam for acid- or toxic-forming materials, including, but not limited to, an analysis of the total sulfur and the sulfur present in pyrite, except that the chief may find that the analysis of sulfur present in pyrite is unnecessary.

(d) For lands within the permit and adjacent areas where the strata above the coal seam to be mined will not be removed, samples shall be collected and analyzed from test borings or drill cores to provide the following data:

(i) Logs of drill holes showing the lithologic characteristics, including physical properties and thickness of each stratum that may be affected and location of ground water where occurring;

(ii) Chemical analyses for acid- or toxic-forming or alkalinity-producing materials and their content in the strata immediately above and below the coal seam to be mined;

(iii) Chemical analyses of the coal seam for acid- or toxic-forming materials, including but not limited to an analysis of the total sulfur and the sulfur present in pyrite, except that the chief may find that the analysis of pyritic sulfur content is unnecessary; and

(iv) For standard room and pillar mining operations, the thickness and engineering properties of clays or soft rock such as clay shale, if any, in the stratum immediately above and below each coal seam to be mined.

(e) Each application shall contain the results from test holes bored or drilled on lands above the underground workings:

(i) At a minimum of three points, not in a straight line, spaced so as to indicate the strike and dip of the coal seam; and

(ii) At a minimum of one test hole per one hundred sixty acres.

(f) Additional test hole data or test holes may be required by the chief at specific sites when necessary to describe localized conditions or variations in geology which may affect the ability of the underground coal mining operation to be conducted in accordance with these rules.

(g) If more precise information than can be provided by drilling techniques is warranted by potentially adverse site conditions, the chief may require that the test hole information required in paragraph (C) of this rule be obtained by core drilling.

(3) Prior to submission of an application, an applicant may request that the requirements of paragraphs (C)(2)(c) to (C)(2)(e) of this rule be waived by the chief. The waiver may be granted only if the chief makes a written determination that the statement required is unnecessary because other equivalent information is accessible to him or her in a satisfactory form. If the chief grants a waiver, the waiver shall be submitted with the permit application.

(D) Ground water information.

(1) The application shall contain a description of the ground-water hydrology for the proposed permit and adjacent areas and the area above the underground workings, including, at a minimum:

(a) The depth below the surface and the horizontal extent of the water table and aquifers;

(b) The lithology and thickness of the aquifers;

(c) Known uses of the water in the aquifers and water table;

(d) The quality of subsurface water, if encountered;

(e) The depth to the water in the coal seam if the seam is a water-bearing stratum, and each water-bearing stratum above and potentially affected water-bearing stratum below the coal seam; and

(f) Additional information which describes the recharge and storage characteristics of aquifers, the approximate rate of discharge or usage, and the quality and quantity of ground water.

(2) The application shall contain a water supply inventory to include, at a minimum:

(a) A list of existing water wells on the proposed permit and adjacent areas to describe the quality and quantity of the ground water to include:

(i) The identification number of each well;

(ii) Surface elevation of the well;

(iii) Depth of the well in feet below the land surface;

(iv) Static water level of the well in feet below the land surface;

(v) The lithology of the aquifer in which each well is developed; and

(vi) Name of owner of the well;

(b) A list of existing springs on the proposed permit area and existing developed springs on the adjacent area to include:

(i) The identification number of each spring;

(ii) Name of owner of any spring that is developed for use as a water supply;

(iii) The surface elevation of the spring; and

(iv) The aquifer each spring flows from; and

(c) A list of the location and type of any public water supply sources on the permit and adjacent areas.

(3) Where information required in the water supply inventory of paragraph (D)(2) of this rule is unobtainable, a statement to that effect shall be made, giving the reasons therefor.

(4) The application shall contain the results of water quality analyses and measurements of static water level or discharge, conducted on at least ten (or all if less than ten) of the wells and springs identified in paragraphs (D)(2)(a) and (D)(2)(b) of this rule or twenty-five per cent of such wells and springs, whichever number is greater.

(a) Wells and springs chosen for analysis and measurement shall, as a group, represent all known aquifers present in the permit and adjacent areas.

(b) Sampling for water quality analysis shall be conducted at a minimum one time prior to submission of an application for a permit.

(c) The measurement of the static water level or discharge shall be conducted for each well and spring identified in paragraph (D)(4) of this rule at a minimum one time prior to submission of an application for a permit.

(d) Water samples collected at the sites prescribed in this paragraph shall be analyzed for the following parameters according to the methodology specified in 40 C.F.R. parts 136 and 434:

(i) pH in standard units;

(ii) Total acidity in milligrams per liter of CaCO₃;

(iii) Total alkalinity in milligrams per liter of CaCO₃;

(iv) Total manganese in milligrams per liter;

(v) Total iron in milligrams per liter;

(vi) Total hardness in milligrams per liter of CaCO₃;

(vii) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(viii) Total aluminum in milligrams per liter;

(ix) Total sulfates in milligrams per liter; and

(x) Other such information as the chief determines relevant.

(e) The results of water quality analyses and measurements required in paragraph (D) of this rule shall be reported on a form to be provided by the chief.

(5) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D)(7) of this rule shall be submitted with an application for a permit.

(6) Identifying seasonal variations for ground water and surface water. For each application, the applicant shall submit three water samples from each required sampling site designated pursuant to paragraphs (D)(4) and (E)(1) of this rule. One sample shall be from the low flow period, one sample from the high flow period, and one sample from either of the intermediate flow periods, as established in the following table:

Flow Periods and Duration of Flow Periods

| Low Flow | August 16 to October 31 | | --- | --- | | Transition Flow | November 1 to November 15 | | Intermediate Flow | November 16 to January 31 | | Transition Flow | February 1 to February 14 | | High Flow | February 15 to April 30 | | Transition Flow | May 1 to May 15 | | Intermediate Flow | May 16 to July 31 | | Transition Flow | August 1 to August 15 |

(a) For samples submitted to meet the seasonal variations requirements, the period between consecutive samples shall be at least thirty days, but not more than eighteen months, and no sample shall be collected more than thirty-six months before the date of submission of the application to the chief. A sample that exceeds the eighteen month or thirty-six month time limit of this paragraph may be acceptable if the applicant submits the following information with the sample:

(i) The date and sampling site of the sample; and

(ii) A description of all land disturbance activities that existed at the time of the sample date or that have occurred since the sample date within the local watershed that could affect the quality and quantity of the surface water or ground water. The description shall include, but is not limited to, land disturbances such as mining operations, highway construction, cut and fill operations, building construction, and dam construction or demolition.

(iii) A sample that exceeds the eighteen month or thirty-six month time limit is acceptable only if the chief determines that it is still representative of the quality and quantity of the surface water or ground water at the time of submission of the application.

(b) The applicant is not required to collect samples from consecutive flow periods.

(c) The applicant may record a low flow sample as "no flow" if the applicant documents that the applicant made at least two attempts, at least thirty days apart, to collect a flow at that site during the low flow period.

(d) Transition flow periods. A sample obtained during a transition flow period may be used for either the preceding or succeeding flow period if the following conditions are met:

(i) The applicant submits documentation showing that the sample from the transition period accurately reflects the flow period for which the sample is submitted and the chief agrees with this assessment;

(ii) The sample obtained during a transition period is not used for both the preceding and succeeding flow periods;

(iii) At least one of the three required samples is obtained during a flow period other than a transition period; and

(iv) The applicant submits precipitation data for the local watershed for the thirty days prior to the sample date.

(e) Substitute sampling site for one sample. The applicant may request, in writing, that a sample obtained from a site other than a designated sampling site be substituted for one of the three designated site samples. A sample from a substitute site shall not be used as the earliest of the three samples from a designated sampling site. The chief shall review this request and determine whether the substitute sampling site and the data collected from the site are acceptable. In making the request, the applicant shall:

(i) Describe how the substitute sampling site adequately represents the original sampling site;

(ii) Demonstrate that the substitute sampling site is located in the same aquifer as the original sampling site;

(iii) Demonstrate that the geology of the groundwater recharge area of the substitute site, as well as the surface disturbance of the recharge area of the substitute site, are similar to that of the original site;

(iv) Demonstrate that the substitute sampling site represents and performs the same function as the original site;

(v) Demonstrate that the analysis of the water quality and quantity data from the substitute site accurately represents the quality and quantity of the water at the original site and explain any anomalies in water quality or quantity at the substitute site;

(vi) Demonstrate that the flow obtained at the substitute site was obtained during the flow period missed at the original site;

(vii) Include precipitation data for the thirty days prior to the sample date at the substitute site;

(viii) Provide a description of the location of the substitute sampling site relative to the original sampling location. The description shall include bearing and distance measurements from the original sampling location to the substitute sampling location; and

(ix) Submit additional information if required by the chief to support the use of a substitute sample.

(f) The applicant may submit additional samples and other data related to seasonal variations beyond that submitted to meet the minimum requirements of paragraph (D)(6) of this rule.

(7) Water quality and quantity data collected and described other than as required by paragraph (D)(6) of this rule may be submitted to identify seasonal variations in ground water and surface water, provided the chief determines that the alternative data are sufficient to identify seasonal variations needed for the hydrologic assessments required by Chapter 1513. of the Revised Code and the rules adopted thereunder.

(E) Surface-water information.

(1) Within the proposed permit and adjacent areas, all surface-water bodies such as streams, lakes and impoundments and all discharges from the permit area into surface-water bodies shall be described and sampled for analysis under paragraph (E) of this rule. The description shall include the name of any watershed that will receive water discharges, the name, ownership and location of all surface-water bodies and the known uses of the water in these water bodies.

(2) Water samples collected under paragraph (E) of this rule shall be analyzed according to the methodology specified in 40 C.F.R. parts 136 and 434. Surface-water information shall include:

(a) Minimum, maximum, and average discharge conditions, which identify critical low flows and peak discharge rates of streams; and

(b) The following water quality data to identify the characteristics of surface waters within the proposed permit and adjacent areas:

(i) Total suspended solids in milligrams per liter;

(ii) Total acidity in milligrams per liter of CaCO₃;

(iii) Total alkalinity in milligrams per liter of CaCO₃;

(iv) pH in standard units;

(v) Total iron in milligrams per liter;

(vi) Total manganese in milligrams per liter;

(vii) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(viii) Total aluminum in milligrams per liter;

(ix) Total sulfates in milligrams per liter; and

(x) Other such information as the chief determines relevant.

(3) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D(7) of this rule shall be submitted with an application for a permit.

(4) The results of water quality analyses and measurements prescribed in paragraph (E) of this rule shall be reported on a form to be provided by the chief.

(F) Alternative water supply information. The application shall identify the extent to which the proposed underground mining operations, including subsidence impacts, may proximately result in contamination, diminution, or interruption of an underground or surface source of water that is for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the description shall contain information on water availability and alternative sources of water, including the suitability of alternative water sources for existing premining uses and approved postmining land uses.

(G) Supplemental information. If the determination of the probable hydrologic consequences required by paragraph (E)(2) of rule 1501:13-4-14 of the Administrative Code indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under paragraphs (D) and (E) of this rule shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analyses of other water quality or quantity characteristics.

(H) Climatological information.

(1) If required by the chief, the application shall contain a statement of the climatological factors that are representative of the proposed permit and adjacent areas, including:

(a) The average seasonal precipitation;

(b) The average direction and velocity of prevailing winds; and

(c) Seasonal temperature ranges.

(2) The chief may request such additional data as deemed necessary to ensure compliance with the requirements of these rules.

(I) Land-use information.

(1) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:

(a) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.

(b) A narrative of the land capability and productivity, which analyzes the land use described under paragraph (I)(1)(a) of this rule in conjunction with other environmental resources information required under these rules. The narrative shall provide analyses of:

(i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the area proposed to be affected by underground mining surface operations or facilities; and

(ii) The productivity of the area proposed to be affected by underground mining surface operations or facilities before mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage or wood products from the land obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States department of agriculture, state agricultural universities, or appropriate state natural resources or agricultural agencies.

(2) The application shall state whether the proposed permit area has been previously mined, and if so, the following information, if available:

(a) The type of mining method used;

(b) The coal seams or other mineral strata mined;

(c) The extent of coal or other minerals removed;

(d) The approximate dates of past mining; and

(e) The uses of the land preceding mining.

(3) The application shall contain a description of the existing land uses and land-use classifications under local law, if any, of the proposed permit and adjacent areas.

(J) Prime farmland investigation.

(1) The applicant shall conduct a pre-application investigation of the area proposed to be affected by surface operations or facilities to determine whether lands within the area may be prime farmland. The chief, in consultation with the U.S. natural resources conservation service, shall determine the nature and extent of this investigation.

(2) Land shall not be considered prime farmland if the applicant can demonstrate that:

(a) The land has not been historically used for cropland; or

(b) On the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the U.S. natural resources conservation service.

(3) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of paragraph (J)(2) of this rule.

(4) If the investigation indicates that lands within the area proposed to be affected by surface operations and facilities may be prime farmlands, the applicant shall contact the U.S. natural resources conservation service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for these lands, the applicant shall cause a survey to be made that is of the detail of a second order soil survey used by the U.S. natural resources conservation service for operational conservation planning. This survey shall be used to identify and locate prime farmland soils.

(a) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have been designated as prime farmlands, the applicant shall submit an application, in accordance with the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code, for such designated land.

(b) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have not been designated as prime farmland after review by the U.S. natural resources conservation service, the applicant shall submit a request for negative determination for non-designated land with the permit application establishing compliance with paragraph (J)(2) of this rule.

(K) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated June 25, 2025 at 7:45 PM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-08

This rule applies to coal mining operations, including underground mining surface operations, but does not apply to underground workings.

(A) Application map. The permit application shall include an application map prepared by or under the direction of and certified by a surveyor or jointly by a an engineer and a surveyor, to the extent such joint certification is required by state law, showing:

(1) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the proposed permit area; noting the boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin coal mining operations and which areas the applicant does not yet have this right;

(2) The location of all buildings on and within one thousand feet of the proposed permit area, with identification of the current use of the buildings using the map symbols set forth in rule 1501:13-4-10 of the Administrative Code;

(3) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area;

(4) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the chief, those surface waters which will receive discharges from affected areas in the proposed permit area and the location of any discharges to any surface body of water on or adjacent to the land to be affected;

(5) Each public road located in or within one hundred feet of the proposed permit area;

(6) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of rule 1501:13-4-04 of the Administrative Code, and known archeological sites within the proposed permit and adjacent areas;

(7) Each cemetery that is located in or within one hundred feet of the proposed permit area;

(8) Any land within the proposed permit area or adjacent area which is within the boundaries of any units of the national system of trails or the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., or study rivers or study river corridors as established in any guidelines pursuant to that act;

(9) The boundaries and names of counties, municipal corporations, townships, section and lot lines located in and within five hundred feet of the proposed permit area;

(10) The names, locations, and directions of flow of all perennial and intermittent streams located in and within five hundred feet of the proposed permit area;

(11) The name of the drainage basin in which the proposed permit area is located as listed in the "Gazetteer of Ohio Streams," published by the Ohio department of natural resources;

(12) That part of the proposed permit area that is prime farmland;

(13) The areas of land within the proposed permit area on which steep slope mining, mountaintop removal, and augering will be performed;

(14) The drainage control system within the proposed permit area to include the location of:

(a) Each sediment pond and the pond identification number;

(b) Any diversions; and

(c) Any treatment facilities;

(15) All haul roads and access roads proposed to be constructed within the proposed permit area in conjunction with the operations, and all existing haul roads and access roads within the proposed permit area to be used in conjunction with the operation;

(16) The location of the proposed final highwall for each coal seam to be mined within the proposed permit area;

(17) The point at which mining operations will begin and the point at which mining operations will end on the proposed permit area;

(18) Elevations and locations of test borings and core samplings;

(19) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

(20) All coal crop lines and the strike and dip of the coal to be mined in the proposed permit area;

(21) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface, within the proposed permit and adjacent areas;

(22) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas;

(23) Location and extent of existing or previously surface-mined areas within the proposed permit area;

(24) Location and extent of existing areas of spoil, waste, and refuse, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area;

(25) Location of gas and oil wells in and within twenty-five feet of the proposed permit area and the location of producing gas and oil wells in and within three hundred feet of the proposed permit area;

(26) Location of water wells in and within one thousand feet of the proposed permit area;

(27) The location and start and end points of all submitted cross sections within the proposed permit area;

(28) Sufficient slope measurements, in degrees, to adequately represent the existing land surface configuration of the proposed permit area;

(29) The boundaries of all areas proposed to be affected over the estimated total life of the proposed mining operation, with a description of size, sequence, and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;

(30) Buildings, utility corridors within the proposed permit area;

(31) Each coal storage, cleaning and loading area within the proposed permit area;

(32) Each topsoil, spoil, coal waste, and noncoal waste storage area within the proposed permit area;

(33) Each air pollution collection and control facility within the proposed permit area;

(34) Each facility to be used to protect and enhance fish and wildlife and related environmental values within the proposed permit area;

(35) Each explosive storage and handling facility within the proposed permit area;

(36) The location of each facility that will remain on the proposed permit area as a permanent feature after the completion of mining operations;

(37) The location of each water monitoring point within the proposed permit area;

(38) For underground mining surface operations, the location of each subsidence monitoring point within the proposed permit area; and

(39) Other relevant information required by the chief.

(B) Supplementary maps, cross sections, designs and plans. When necessary under these rules, the application shall include:

(1) Designs and plans prepared and certified by an engineer for the following:

(a) Sedimentation ponds, impoundments, coal mine waste banks, and coal mine waste dams;

(b) Spoil disposal facilities;

(c) The sealing or managing of any mine openings within the proposed permit area;

(d) Stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code; and

(e) Road stream crossings, bridges, culverts, drainages, ditches, drainage structures, road cuts, and fill embankments.

(2) Supplementary maps and cross sections, prepared by or under the direction of and certified by an engineer or jointly by an engineer and a surveyor to the extent such joint certification is required by state law, showing:

(a) Each sedimentation pond, permanent water impoundment, coal mine waste bank and coal mine waste dam;

(b) The fill area for the disposal of excess spoil;

(c) The nature, depth, and thickness of the coal seams to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;

(d) The permit area, the original surface topography and the proposed final surface contour;

(e) The location of the proposed final highwall;

(f) The location of each waste disposal facility relating to coal processing or pollution control;

(g) The location of any mine openings within the proposed permit area;

(h) Stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code; and

(i) Road widths, road gradients, road surfaces, road cuts, fill embankments, culverts, bridges, drainages, ditches, and drainage structures.

(C) Hydrologic map. Each application for a permit shall include a hydrologic map which, in addition to the applicable requirements of rules 1501:13-4-09 and 1501:13-4-10 of the Administrative Code, shall be at a scale of not more than five hundred feet to the inch. The hydrologic map shall be certified by a surveyor and, if required pursuant to paragraph (C) of rule 1501:13-4-09 of the Administrative Code, by an engineer. Except as provided in paragraph (D) of this rule, all hydrologic maps shall show the following:

(1) The proposed permit area;

(2) A line identifying the area within one thousand feet of the proposed permit area;

(3) All occupied buildings on or within one thousand feet of the proposed permit area;

(4) All perennial and intermittent streams on or within one thousand feet of the proposed permit area;

(5) The location of the coal outcrop on the proposed permit area and the name and number of each coal seam to be mined;

(6) The location of each cross-section drawn to show hydrogeologic information as required under paragraph (F) of this rule;

(7) The location and type of water supply used by the occupant of each building described in paragraph (C)(3) of this rule for the purpose of domestic, agricultural, or industrial use;

(8) All springs on or within one thousand feet of the proposed permit area;

(9) All seepage zones on and within one thousand feet of the proposed permit area;

(10) The location of sampling stations on each stream identified in paragraph (C)(4) of this rule at points just above and below the proposed permit area and the location and elevation of other sampling stations used to gather data on water quality and quantity in the preparation of the permit application;

(11) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface, within the proposed permit and adjacent areas;

(12) The location of monitoring stations, other than sediment pond outlets, to be monitored during the life of the permit;

(13) All existing water wells on or within one thousand feet of the proposed permit area;

(14) Any well, well field, reservoir, river, or other water source used for a public water supply on or within one thousand feet of the proposed permit area; and

(15) Any land determined to be eligible for remining.

(D)

(1) For the items listed in paragraphs (C)(3), (C)(4), and (C)(7) to (C)(14) of this rule, the chief may require additional information outside the thousand-foot limit to be shown on the hydrologic map if such identification is necessary based on site-specific conditions.

(2) The items listed in paragraphs (C)(3), (C)(7), (C)(8), (C)(9), (C)(10), (C)(11) and (C)(13) of this rule need not be shown on the hydrologic map when:

(a) They are located beyond an intermittent or perennial stream located within one thousand feet of the proposed permit area; and

(b) The lowest coal seam to be mined is at a higher elevation than such intermittent or perennial stream.

(E) The map symbols used to identify the items described in paragraphs (C)(8) to (C)(14) of this rule shall be highlighted in red on all hydrologic maps.

(F) Hydrologic cross-section. Each application for a permit shall include one or more cross-sections prepared by, or under the direction of, an engineer or a professional geologist showing:

(1) The location and extent of subsurface water, if encountered, within the proposed permit or adjacent areas;

(2) All wells, boreholes, piezometers, springs, or other features used to determine the configuration of the water table or potentiometric surface of each aquifer where such wells, boreholes, piezometers, springs, or other items fall on or reasonably close to the line of the cross-section;

(3) Within the permit and adjacent areas, all aquifers and the water table or potentiometric surface of each aquifer above the lowest coal seam to be mined and within the lowest coal seam to be mined if that seam is a water bearing stratum, and each potentially affected water bearing stratum below the lowest coal seam to be mined; and

(4) All coal seams to be mined.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated July 11, 2025 at 4:28 PM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-08.1

This rule applies only to underground workings.

(A) Application map. The permit application shall include an application map prepared by or under the direction of and certified by a surveyor or jointly by an engineer and a surveyor, to the extent such certification is required by state law, showing:

(1) All boundaries of land and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the proposed shadow area; noting the boundaries of land within the proposed shadow area upon which the applicant has the legal right to enter and begin coal mining operations and which areas the applicant does not yet have this right;

(2) The location of all buildings on and within one thousand feet of the proposed shadow area for full coal recovery mining operations and on and within three hundred feet of the proposed shadow area for room and pillar mining operations, with identification of the current use of the buildings using the map symbols set forth in rule 1501:13-4-10 of the Administrative Code;

(3) The location of surface and subsurface man-made features within, passing through, or passing over the proposed shadow and adjacent areas;

(4) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the chief, those surface waters which will receive discharges from the proposed shadow area and the location of any discharges to any surface body of water on or adjacent to the proposed shadow area;

(5) Each public road located within the proposed shadow and adjacent areas;

(6) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of rule 1501:13-4-13 of the Administrative Code, and known archeological sites within the proposed shadow and adjacent areas;

(7) Each cemetery that is located within the proposed shadow and adjacent areas;

(8) Any land within the proposed shadow area or adjacent area which is within the boundaries of any units of the national system of trails or the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., or study rivers or study river corridors as established in any guidelines pursuant to that act;

(9) The boundaries and names of counties, municipal corporations, townships, section and lot lines located in and within five hundred feet of the proposed shadow area;

(10) The names, locations, and directions of flow of all perennial and intermittent streams located in and within five hundred feet of the proposed shadow area;

(11) The name of the drainage basin in which the proposed shadow area is located as listed in the "Gazetteer of Ohio Streams," published by the Ohio department of natural resources;

(12) Elevations and locations of test borings and core samplings;

(13) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

(14) All coal contour lines and the strike and dip of the coal to be mined in the proposed shadow area;

(15) Location and extent of known workings of active, inactive or abandoned underground mines, including mine openings to the surface, within the proposed shadow and adjacent areas;

(16) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed shadow and adjacent areas;

(17) Location and extent of existing or previously surface-mined areas within the proposed shadow and adjacent areas;

(18) Location and extent of existing areas of waste, refuse, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed shadow and adjacent areas;

(19) Location of gas and oil wells in and within twenty-five feet of the proposed shadow area and the location of producing gas and oil wells in and within three hundred feet of the proposed shadow area;

(20) Location of water wells in the proposed shadow and adjacent areas;

(21) The location and start and end points of all submitted cross sections within the proposed shadow area;

(22) The boundaries of all areas proposed to be affected over the estimated total life of the proposed mining operation, with a description of size, sequence, and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;

(23) Buildings, utility corridors within the proposed shadow and adjacent areas;

(24) The location of each water monitoring point within the proposed shadow and adjacent areas;

(25) The location of each subsidence monitoring point within the proposed shadow area; and

(26) Other relevant information required by the chief.

(B) Supplementary maps and cross sections, designs and plans. When necessary under these rules, the application shall include:

(1) Supplementary maps and cross sections, prepared by or under the direction of and certified by an engineer or jointly by an engineer and a surveyor to the extent such joint certification is required by state law, showing the nature, depth, and thickness of the coal seams to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined; and

(2) Other relevant supplementary maps, cross sections, designs and plans required by the chief.

(C) Hydrologic map. Each application for a permit shall include a hydrologic map which, in addition to the applicable requirements of rules 1501:13-4-09 and 1501:13-4-10 of the Administrative Code, shall be at a scale of not more than five hundred feet to the inch. The hydrologic map shall be certified by a surveyor and, if required pursuant to paragraph (C) of rule 1501:13-4-09 of the Administrative Code, by an engineer. Except as provided in paragraph (D) of this rule, all hydrologic maps shall show the following:

(1) The proposed permit and shadow areas and the area within one thousand feet of the proposed shadow area for full coal recovery mining operations and within three hundred feet of the proposed shadow area for room and pillar mining operations;

(2) A line identifying the area within one thousand feet of the proposed shadow area a for full coal recovery mining operations and within three hundred feet of the proposed shadow area for room and pillar mining operations;

(3) All occupied buildings on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(4) All perennial and intermittent streams on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(5) The location of the coal outcrop on the proposed permit area and the name and number of each coal seam to be mined;

(6) The location of each cross-section drawn to show hydrogeologic information as required under paragraph (F) of this rule;

(7) The location and type of water supply used by the occupant of each building described in paragraph (C)(3) of this rule for the purpose of domestic, agricultural, or industrial use;

(8) All springs on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(9) All seepage zones on and within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(10) The location of sampling stations on each stream identified in paragraph (C)(4) of this rule at points just above and below the proposed permit area and the location and elevation of other sampling stations used to gather data on water quality and quantity in the preparation of the permit application;

(11) Location and extent of known workings of active, inactive or abandoned underground mines, including mine openings to the surface, within the proposed shadow and adjacent areas;

(12) The location of monitoring stations, other than sediment pond outlets, to be monitored during the life of the permit;

(13) All existing water wells on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations; and

(14) Any well, well field, reservoir, river, or other water source used for a public water supply on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations.

(D)

(1) For the items listed in paragraphs (C)(3), (C)(4), and (C)(7) to (C)(14) of this rule, the chief may require additional information outside the thousand-foot limit of the shadow area for full coal recovery mining operations or outside the three-hundred-foot limit of the proposed shadow area for room and pillar mining operations to be shown on the hydrologic map if such identification is necessary based on site-specific conditions.

(2) The items listed in paragraphs (C)(3), (C)(7), (C)(8), (C)(9), (C)(10), (C)(11), and (C)(13) of this rule need not be shown on the hydrologic map when:

(a) They are located beyond an intermittent or perennial stream located within one thousand feet of the proposed permit area; and

(b) The lowest coal seam to be mined is at a higher elevation than such intermittent or perennial stream.

(E) The map symbols used to identify the items described in paragraphs (C)(8) to (C)(14) of this rule shall be highlighted in red on all hydrologic maps.

(F) Hydrologic cross-section. Each application for a permit shall include one or more cross-sections prepared by, or under the direction of, an engineer or a professional geologist showing:

(1) The location and extent of subsurface water, if encountered, within the proposed shadow or adjacent areas;

(2) All wells, boreholes, piezometers, springs, or other features used to determine the configuration of the water table or potentiometric surface of each aquifer where such wells, boreholes, piezometers, springs, or other items fall on or reasonably close to the line of the cross-section;

(3) Within the proposed shadow and adjacent areas, all aquifers and the water table or potentiometric surface of each aquifer above the lowest coal seam to be mined and within the lowest coal seam to be mined if that seam is a water bearing stratum, and each potentially affected water bearing stratum below the lowest coal seam to be mined; and

(4) All coal seams to be mined.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 27, 2023 at 9:47 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-06

(A) General.

(1) The provisions of this rule shall apply to all surface blasting operations, including surface blasting operations incident to underground mining, on all coal mining and reclamation operations and on coal exploration operations. For box or contour cuts associated with development of underground mine entries, this rule shall apply to all material above the coal seam to be mined. For vertical shafts and drift or slope entries associated with underground mining, this rule shall apply only to the first twenty-five feet of material excavated below or beyond the original ground surface or point of entry. Where the provisions of this rule are in conflict with the conditions described in a permittee's previously approved blasting plan, the provisions of this rule shall apply.

(2) Blasting operations shall be conducted in accordance with all applicable state and federal laws and regulations.

(3) For purposes of this rule, "certified blaster" shall mean a blaster who possesses a valid certificate obtained pursuant to rule 1501:13-9-10 of the Administrative Code and "certified mine foreperson" shall mean a mine foreperson who has a valid certification pursuant to Chapter 1561. of the Revised Code.

(4) Blasting operations shall be conducted only under the supervision of a certified blaster. A certified blaster and at least one other person shall be physically present at the detonation of a blast. Only a certified blaster, or a member of the blasting crew under the direct supervision of the certified blaster, may detonate a blast. Any certified blaster who is responsible for conducting blasting operations at a blasting site shall give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew or assist in the use of explosives.

(5) Certified blasters, and other persons responsible for blasting operations at a blasting site, shall review and know the permittee's blasting plan and site-specific blasting limitations. The permittee shall keep a copy of the blasting plan and the permit map at the permit site or at the mine office closest to the permit site for use by employees, contract blasters, and any other persons responsible for blasting operations.

(B) Anticipated blast design for special areas.

(1) The permittee or permit applicant must submit an anticipated blast design to the chief before blasting within:

(a) One thousand feet of any dwelling, public or commercial building, school, church, or community or institutional building; or

(b) Five hundred feet of an active or abandoned underground mine.

(2) The blast design must be submitted:

(a) As part of a permit application; or

(b) As a revision to the mining plan, at least sixty days prior to such blasting.

(3) The blast design shall contain sketches of the drill patterns, delay periods, and decking, and shall indicate the type and amount of explosives to be used, critical dimensions, initiation systems, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable flyrock, airblast, and ground vibration standards in paragraph (F) of this rule.

(4) The blast design shall be prepared by a certified blaster or by a blasting consultant, seismologist, or professional engineer who has been trained in current blasting technology and state and federal blasting laws and regulations. The blast design shall be reviewed, approved, and signed by a certified blaster who has knowledge of the site-specific blasting limitations.

(5) The chief may require revisions to the design submitted.

(C) Preblast survey.

(1) At least thirty days before initiation of blasting, the permittee or permit applicant shall notify, in writing, all residents or owners of dwellings or other structures located within one-half mile of the permit area, about how to request a preblast survey. Such notification shall include the statements that any preblast survey requested more than ten days before the planned initiation of blasting shall be completed before the initiation of blasting, and that the survey will be conducted at no cost to the resident or owner.

(2) A resident or owner of a dwelling or structure within one-half mile of the permit area may request a preblast survey. This request shall be made, in writing, directly to the permittee or permit applicant by certified mail, or by regular mail to the chief, who shall promptly notify the permittee or permit applicant by certified mail or by electronic mail with acknowledgment of receipt. Within forty-five days after a request is received, the permittee or permit applicant shall conduct a preblast survey of the dwelling or structure and prepare a written report of the survey. Where blasting has not yet begun on a new or proposed permit area, a modified time frame for completion of preblast surveys may be approved by the chief, upon written request to the chief, when circumstances warrant an extension of time. However, any preblast survey requested more than ten days before the planned initiation of blasting shall be completed before the initiation of blasting. An updated survey of any additions, modifications, or renovations shall be performed by the permittee or permit applicant if requested by the resident or owner.

(3) When conducting a preblast survey, the permittee or permit applicant shall determine the condition of the dwelling or structure and shall document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, oil and gas wells, cables, communication and transmission towers, transmission lines, and cisterns, wells, and other water systems warrant special attention; however, the assessment of these structures may be limited to surface conditions and other readily available data.

(4) The written report of the survey shall be signed by the person who conducted the survey. Copies of the report shall be provided to the resident or owner of the dwelling or structure, and to the chief. If the resident or owner disagrees with the contents or recommendations contained therein, he or she may submit to both the permittee or permit applicant and the chief a detailed description of the specific areas of disagreement.

(5) Whenever a permittee or permit applicant conducts a preblast survey of a dwelling or structure without receiving a written request to do so, a copy of the written report of the survey shall be given to the resident or the owner.

(D) Blasting schedule.

(1) Blasting shall be conducted between sunrise and sunset at times approved by the chief and announced in the blasting schedule. The chief may limit the time periods, area covered, and sequence of blasting as listed in the schedule, if such limitations are necessary and reasonable in order to protect the public health and safety or welfare.

(2) Unscheduled blasts may be conducted only in emergency situations where rain, lightning, other atmospheric conditions, or operator or public safety so requires. When an unscheduled blast is conducted, the certified blaster in charge shall document the reason for the unscheduled blast in the blast record required under paragraph (G) of this rule.

(3) At least ten days, but not more than ninety days, before initiation of blasting, the permittee or permit applicant shall publish the blasting schedule in a newspaper of general circulation in the locality of the blasting area, and distribute copies of the blasting schedule to local governments, public utilities, and each residence and occupied building within one-half mile of the proposed blasting area described in the schedule. A notarized proof of each publication of the blasting schedule required under this rule shall be sent to the division of mineral resources management district office having jurisdiction over the permit.

(4) The permittee shall republish and redistribute the schedule at least every twelve months, and revise, republish, and redistribute the schedule at least ten days, but not more than thirty days, before blasting whenever the area covered by the schedule changes or actual time periods for blasting significantly differ from the prior announcement.

(5) The blasting schedule shall contain, at a minimum:

(a) Name, address, and telephone number of the permittee or permit applicant;

(b) Permit number or application number, whichever is applicable;

(c) Identification of the specific areas where blasting will occur;

(d) Dates and time periods when blasting will occur;

(e) Methods to be used to control access to the blasting area;

(f) Type and patterns of audible warning and all-clear signals to be used before and after blasting; and

(g) A description of possible emergency situations (defined in paragraph (D)(2) of this rule) when an unscheduled blast may be necessary.

(6) Surface blasting incident to underground mining shall be exempt from the blasting schedule and publication requirements of paragraphs (D)(3), (D)(4), and (D)(5) of this rule if, instead, the underground mine permittee or permit applicant provides notice, in writing, to residents within one-half mile of the blasting site and local governments of the proposed times and locations of blasting operations. Such notice of blasting times and locations may be announced weekly, but in no case less than twenty-four hours before blasting will occur.

(E) Blasting signs, warnings, and access control.

(1) Blasting signs shall meet the specifications of rule 1501:13-9-01 of the Administrative Code.

(2) The permittee shall conspicuously place signs reading "BLASTING AREA" along the edge of any blasting area that comes within one hundred feet of any public road right-of-way, and at the edge of blasting areas along access and haul roads within the permit area.

(3) At all entrances to the permit area from any road, the permittee shall conspicuously place signs which state "WARNING! EXPLOSIVES IN USE" which clearly explain the meaning of the audible warning and all-clear signals in use, and the marking of blasting areas and charged holes awaiting firing within the permit area.

(4) For each blast, the certified blaster conducting the blast shall determine the limits of the blasting area and communicate those limits to the certified mine foreperson. The certified mine foreperson shall be responsible for controlling access to the blasting area to prevent the presence of livestock or unauthorized persons at least ten minutes before each blast, and until the certified blaster has determined that no unusual hazards, such as imminent slides or undetonated charges, exist, and access to and travel within the blasting area can safely resume. The certified mine foreperson shall not allow anyone to re-enter the designated blasting area until the certified blaster conducting the blast has contacted the certified mine foreperson, and the all-clear signal has been sounded. "Blasting area" means the area in which airblast (concussion or shock wave), flyrock, or other blasting hazards might cause injury to persons or damage to property. In determining the blasting area, the following factors shall be considered:

(a) Geology of the material to be blasted;

(b) Orientation of the blast bench and rock face(s);

(c) Blast pattern layout, delay system and timing;

(d) Burden, depth, diameter and angle of the blastholes;

(e) Blasting experience of the mine;

(f) Powder factor and pounds of explosives per delay;

(g) Type and amount of explosive material;

(h) Type and amount of stemming;

(i) Atmospheric conditions; and

(j) Topography.

(5) At least one minute, but not more than two minutes, before the detonation of a blast, the certified blaster in charge, or someone directed by the certified blaster, shall give an audible warning signal. If the blast is not detonated within two minutes of the audible warning signal, the warning signal shall be repeated as required by this paragraph before the blast is detonated. After the blast has been detonated and the certified blaster has confirmed that the blast area is safe to re-enter, an audible all-clear signal shall be given.

(6) Warning and all-clear signals, to be produced by an airhorn, siren or similar device, shall be audible to at least one-half mile from the blast site. "Blast site" means the area formed by the perimeter of the loaded blastholes and fifty feet in all directions from loaded blastholes. The warning signal shall consist of three long sounds, each lasting at least five seconds. The all-clear signal shall consist of one long sound lasting at least ten seconds.

(7) When blasting within one-half mile of any public or private institution such as a school or church in session, or a residential mental or physical health care facility, the permittee shall notify the institution by telephone or personal visit on the day of scheduled blasting at least one hour before each blast. This requirement shall not apply if the permittee submits to the chief a copy of a statement signed by the administrator of the institution, waiving the right to be notified.

(F) Control of adverse effects.

(1) Blasting shall be conducted in a manner to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of surface or ground water outside the permit area.

(2) Blasting shall not be conducted within:

(a) Three hundred feet of any public water tower or public reservoir dam, communication or high-voltage transmission tower, railroad tunnel or highway tunnel, public water or sewage line, or major oil or gas pipeline, except where written permission has been obtained from the controlling authority or owners thereof on a form prescribed by the chief or a letter attached to that form; or

(b) Five hundred feet of an active underground mine, except where written permission has been obtained from the owners thereof, and from all state and federal regulatory authorities concerned with the health and safety of underground miners, on a form prescribed by the chief or a letter attached to that form.

(3) "Flyrock," defined as rock, mud, or debris (excluding dust) traveling in the air or along the ground as a result of a blast, shall not be cast from the blast site beyond any of the following:

(a) One-half the horizontal distance to any dwelling or other occupied structure;

(b) The area of control required under paragraph (E)(4) of this rule; or

(c) The permit boundary.

(4) If flyrock is cast beyond the permit boundary, the certified blaster in charge shall notify the division of mineral resources management by telephone within two hours after learning of the flyrock incident, and submit a written flyrock incident report to the division of mineral resources management district office having jurisdiction over the permit area within three business days after learning of the incident. The permittee or certified blaster shall not conduct another blast directly beside or behind the blast site where the flyrock originated until the report is properly completed and the division of mineral resources management has acknowledged its receipt. The report shall include, at a minimum, a copy of the blast record required under paragraph (G) of this rule and all available seismographic data, a sketch of the blast site and rock deposition area, and a detailed explanation of: how the blast was designed and loaded; who witnessed the blast and where they were located and what they observed; the location and nature of the flyrock deposition (including property owners, type and approximate number of rocks, size and distance range), property damages (if any) and personal injuries (if any); what measures have been taken to repair all property damages (if any) and address all personal injuries (if any); the probable cause of the flyrock incident; and the corrective measures to be taken to prevent another flyrock incident.

(5) Airblast shall not exceed one hundred thirty-three decibels at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area, except as authorized under paragraph (F)(12) of this rule.

(a) If necessary to prevent damage, the chief shall specify lower maximum allowable airblast levels for use in the vicinity of a specific blasting operation.

(b) The permittee shall conduct periodic monitoring to ensure compliance with the airblast limits. The chief may require airblast measurement of any or all blasts, and may specify the locations at which such measurements are taken.

(6) In all blasting operations, except as authorized in paragraph (F)(12) of this rule, the maximum ground vibration shall not exceed the values specified in this rule or approved in the blasting plan required under paragraph (C) of rule 1501:13-4-05 or paragraph (C) of rule 1501:13-4-14 of the Administrative Code.

(a) The maximum ground vibration at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area shall be established in accordance with the frequency-dependent particle velocity limits of paragraph (F)(8) of this rule, or other limits imposed by the chief pursuant to paragraph (F)(10) of this rule.

(b) All other structures in the vicinity of the blasting area not listed in paragraph (F)(6)(a) of this rule, such as water towers, pipelines and other utilities, communication and transmission towers, tunnels, dams, impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the permittee in the blasting plan and approved by the chief.

(7) All seismographs used to prove compliance with the ground vibration and airblast limits required by this rule shall have seismic and acoustic systems with a minimum frequency range of two to two hundred fifty hertz, with accuracies that meet or exceed the performance specifications for blasting seismographs adopted by the international society of explosives engineers, "ISEE Performance Specifications for Blasting Seismographs 2017," available as a digital download from the "International Society of Explosives Engineers" at the website www.isee.org. The ground vibration shall be measured as the particle velocity and recorded in three mutually perpendicular directions. The maximum allowable frequency-dependent particle velocity limits and peak particle velocity limits in this rule shall apply in each of the three directions of measurement. Whenever possible, the seismographic measurement shall be made within ten feet of the building or structure being monitored, at the side or corner of the building or structure closest to the blast site. Otherwise, the seismograph may be placed at some point between the blast site and the building or structure to be protected.

(8) Ground vibration, when measured at any dwelling, public or commercial building, school, church or community or institutional building outside the permit area, shall not exceed the frequency-dependent particle velocity limits in the chart, below, from the U.S. bureau of mines (1980), "Report of Investigations 8507, Appendix B: Alternative Blasting Level Criteria." When applying the frequency-dependent particle velocity limits, the lower plateau at 0.50 inches per second shall apply at its corresponding frequencies, unless the permittee or permit applicant submits to the chief evidence to support application of the higher plateau at 0.75 inches per second, and the chief approves a blast plan modification to that effect.

(9) In lieu of the seismographic monitoring required by paragraph (F)(8) of this rule, the scaled distance equation, W = (D/90)², may be used to determine the maximum allowable charge weight of explosives that can be detonated within any period less than eight milliseconds, where W = the maximum weight of explosives, in pounds; D = the distance, in feet, from the nearest blasthole to the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area; and 90 is the applicable scaled distance factor.

(10) The chief shall reduce the maximum allowable ground vibration limits prescribed in paragraph (F)(8) of this rule, if determined necessary to prevent damage.

(11) The chief may require a permittee to conduct seismic monitoring of any or all blasts, and may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.

(12) The maximum airblast and ground vibration limits of paragraphs (F)(5) to (F)(8) of this rule shall not apply:

(a) At structures owned by the permittee and not leased to another person; and

(b) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the chief before blasting.

(13) Any person who operates a seismograph for the purpose of demonstrating compliance with the ground vibration and airblast limits of this rule shall have received appropriate training, for the specific seismograph model(s) in use, in: programming the seismograph(s) to record the blast; positioning the geophone and microphone; coupling the geophone to the ground; extracting the data after the blast in digital and printed form; and understanding the results. Such training shall be received from a representative of the seismograph manufacturer or distributor, or other competent person. A record of such training shall be maintained by the seismograph operator or his or her employer, and made available for inspection by the chief or his or her authorized representative upon request.

(G) Blast records.

(1) The permittee shall retain a record of all blasts for at least three years, and shall make copies of these records available for inspection upon request by the public, the chief or an authorized representative of the chief.

(2) Where blast records are normally kept at an office of the permittee not located on the permit site, the record for each blast shall be on file at that office within five business days after the blast is detonated.

(3) Blast records shall be accurately completed at the mine site by the certified blaster in charge, and shall contain the following data:

(a) Name of the permittee and permit number;

(b) Name of the firm conducting the blast, if different from the permittee;

(c) Location, date, and time of the blast;

(d) Printed name, signature, and certification number of the blaster conducting the blast and the name of each person on the blasting crew;

(e) Relative to the nearest blasthole, the identification of, distance to, direction to, and method used to determine the distance and direction to, the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area, except those structures described in paragraph (F)(12) of this rule. The direction shall be stated in degrees, as an azimuth from zero to three hundred sixty degrees. The distance shall be stated in feet, as derived from an aerial photo, a topographic map, conventional field measurement devices (e.g., measuring tape or transit), or electronic devices (e.g., laser-ranging or global positioning system units);

(f) Weather conditions, including temperature and approximate wind direction and velocity;

(g) Type of material blasted;

(h) Number, diameter, and depth of holes;

(i) Depth of subdrilling, where applicable;

(j) Burden and spacing dimensions;

(k) Type, manufacturer, and amount of explosives used, including bulk, bagged, or cartridged explosives, detonating cord, primers, and surface and in-hole delay detonators;

(l) Total weight of explosives used;

(m) Weight of explosives used per hole;

(n) Maximum number of holes and maximum weight of explosives detonated within any period less than eight milliseconds;

(o) The actual scaled distance factor, expressed as the distance, in feet, from the nearest blasthole to the nearest dwelling or building in paragraph (G)(3)(e) of this rule divided by the square-root of the maximum weight of explosives detonated in any period less than eight milliseconds;

(p) Type of initiation system used, including the type of blasting machine or other power source, and the types of trunkline and downline systems, if not readily apparent from other information in the blast record;

(q) Sequential timer setting, in milliseconds, if applicable;

(r) Type and length of stemming used per hole;

(s) Sketch of the blast pattern showing all holes, delay pattern (including initiation hole, hole-to-hole and row-to-row delay detonator locations and periods, where applicable, or electronically programmed hole and deck firing times, where applicable), location of free faces and previously blasted material, and a north arrow;

(t) Sketch of a typical blasthole cross section showing the depth and location of stemming and explosive decks, primers, and delay detonators;

(u) Mats or other special protections used;

(v) Seismographic records, when required for compliance, shall be attached to the blast record within five business days of the blast, and shall include:

(i) Make, model and serial number of the seismograph, seismic and acoustic trigger levels, and most recent annual calibration date;

(ii) Exact location of the seismograph and distance from the blast, and the date and time of the recorded blast event;

(iii) Name of the person and firm operating the seismograph;

(iv) Full waveform printout, including: three mutually perpendicular channels of ground vibration and an airblast channel; dynamic calibration results; a plot of particle velocity versus frequency with a comparison to the frequency-dependent blast vibration limits in paragraph (F)(8) of this rule, based on a half-cycle zero-crossing analysis method; and the peak particle velocity and airblast levels; and

(v) If the seismograph fails to be triggered by the blast, a printout showing the date and time the seismograph was armed and ready to record a blast and the date and time the seismograph was disarmed or shut down, or a written statement including the above information, signed by the seismograph operator and attached to the blast record; and

(w) Reasons and conditions for each unscheduled blast.

(4) When bulk-loaded explosives are used, blast record data required by paragraphs (G)(3)(k) to (G)(3)(n) of this rule shall be completed as soon as the exact quantity of bulk explosives is determined, but in no case more than twenty-four hours after the blast is detonated.

Last updated July 10, 2026 at 2:33 PM

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-14

(A) The federal regulation references included in these rules can generally be found in public libraries or electronically at the website govinfo.gov/. The publishing dates for the various parts of the Code of Federal Regulations (C.F.R.) are: Title 7, January 1, 2021; Title 30, July 1, 2020; Title 40, July 1, 2020; Title 43, October 1, 2020.

(1) 7 C.F.R. Part 657;

(2) 30 C.F.R. 77.214, 77.215, 77.216, 77.216(a), 77.216-2(a), and 77.216-3;

(3) 30 C.F.R. 710.12;

(4) 30 C.F.R. Part 761;

(5) 30 C.F.R. 843.11;

(6) 30 C.F.R. Chapter VII, Subchapters D, F, and R;

(7) 40 C.F.R. Parts 122, 123, 136, 260 to 270 and 434;

(8) 43 C.F.R. Parts 3480 to 3487.

(B) The federal law references included in these rules are based on the 2018 edition of the United States Code (U.S.C.), dated January 24, 2020. These federal laws can generally be found in public libraries or electronically at the website govinfo.gov/.

(1) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., as amended;

(2) The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq.;

(3) The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq., as amended;

(4) The Bald and Golden Eagle Protection Act, 16 U.S.C. 668 et seq., as amended;

(5) The Migratory Bird Treaty Act of 1918, 16 U.S.C. 703 et seq., as amended;

(6) Section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq.;

(7) The Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended;

(8) The Occupational Safety and Health Act, 29 U.S.C. 651 et seq., as amended;

(9) The Mine Safety and Health Act, 30 U.S.C. 801 et seq., as amended;

(10) Section 518 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1268;

(11) The Clean Water Act, 33 U.S.C. 1251 et seq.;

(12) Water pollution prevention and control effluent limitations, 33 U.S.C. 1311(p);

(13) Subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(14) Section 3001 of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(15) The Clean Air Act, 42 U.S.C. 7401 et seq.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Chapter 1501:13-7 Performance Security

Ohio Adm.Code 1501:13-7-01 General requirements for providing performance security for coal mining and reclamation operations.

(A) Requirement to file performance security.

(1) After an application for a permit to conduct coal mining and reclamation operations has been approved under these rules, the applicant shall file with the chief performance security in compliance with these rules.

(a) If the applicant provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule, the applicant shall file performance security for:

(i) The number of acres in the entire area to be permitted; or

(ii) The estimated number of acres to be affected in the first permit year in accordance with the requirements of paragraph (A)(6)(a) of this rule.

(b) If the applicant provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule, the applicant shall file performance security for:

(i) The entire area to be permitted; or

(ii) Each incremental mining unit to be affected in the first permit year in accordance with the requirements of paragraph (A)(6)(b) of this rule.

(c) Once coal extraction begins under an approved permit, a permittee providing performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule may not change to providing performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule.

(2) No person shall disturb surface acreage, either by coal mining and reclamation operations conducted on the surface of land or as a result of surface impacts incidental to an underground coal mine, prior to filing with the chief performance security covering the areas of land to be affected.

(3) Liability on the performance security shall cover all coal mining and reclamation operations to be conducted within the permit area until the end of the permittee's period of reclamation responsibility.

(4) No area affected by a coal mining and reclamation operation within a permit shall be identified with a specific performance security.

(5) Performance security shall apply to the permit area and to all revisions to the permit, including incidental boundary revisions and adjacent area permits.

(6) Providing incremental performance security. When an applicant elects to file performance security incrementally:

(a) The applicant that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule shall as part of the permit application process:

(i) Submit to the chief a written estimate of the number of acres to be affected in the first permit year; and

(ii) Before the permit is issued, file with the chief performance security for the estimated number of acres to be affected in the first permit year;

(b) The applicant that provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule shall as part of the permit application process:

(i) Submit to the chief, on the map required under paragraph (D)(3) of rule 1501:13-4-01 of the Administrative Code, the boundaries for each incremental mining unit within the proposed permit area; and

(ii) Before the permit is issued, file with the chief performance security for each incremental mining unit that will be affected in the first permit year;

(c) Thirty days before affecting more than the number of acres or incremental mining units for which performance security has been filed with the chief, the permittee shall file additional performance security for the number of additional acres to be affected in the permit year or for the next incremental mining unit or units to be affected by the mining and reclamation operation;

(d) The permittee shall within thirty days after the end of every permit year:

(i) Identify on the annual map each incremental area or incremental mining unit for the first through most recent permit year in accordance with the requirements of these rules; and

(ii) File performance bond with the chief, concurrently with the submittal of the annual map, if one of the following circumstances applies:

(a) For permits for which performance security has been filed together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule, the number of acres shown as affected and estimated to be affected on the annual map exceeds the number of acres for which performance secuirty has been provided; or

(b) For permits for which performance security has been filed without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule, the incremental mining units shown as affected and estimated to be affected on the annual map exceed the incremental mining units for which performance security has been provided;

(e) Performance security filed and not yet released for any incremental area or incremental mining unit can be forfeited, in whole or part, to perform the requirements of Chapter 1513. of the Revised Code, rules adopted thereunder, and the conditions of the permit on any area affected by the permittee pursuant to the permit;

(f) After a permit is issued, a permittee that has chosen to provide incremental performance security may elect instead to provide performance security for the entire permit area and file the entire performance security required during the term of the permit; and

(g) After a permit is issued, a permittee that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule and that has filed the entire performance security required during the term of the permit may not change to incremental performance security.

(7) A permittee that has filed performance security for the entire permit area instead of filing performance security incrementally shall identify an incremental area or incremental mining unit at the end of each permit year in the manner prescribed in paragraph (A)(6)(d)(i) of this rule and may obtain release of performance security by incremental area or by incremental mining unit, pursuant to rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code, as applicable.

(B) Estimated cost of reclamation. The chief shall determine the estimated cost of reclamation under the initial term of the permit if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(1) The chief shall determine the estimated cost of reclamation using:

(a) The information contained in the permit application and in the approved mining and reclamation plan, as required by the chief and submitted by the applicant under rule 1501:13-4-05 of the Administrative Code, rule 1501:13-4-14 of the Administrative Code or paragraph (I) of rule 1501:13-4-12 of the Administrative Code; and

(b) After considering the topography, geology, hydrology, and revegetation potential of the area of the approved application, the probable difficulty of reclamation.

(2) The chief shall provide the applicant a copy of the estimated cost of reclamation along with the unit costs used to support the estimated cost of reclamation.

(3) The chief shall send written notice of the amount of the estimated cost of reclamation by certified mail or other method able to track receipt of delivery to the applicant.

(C) Method of providing performance security. The applicant shall send written notice to the chief indicating the method by which the applicant will provide the performance security. The method of providing performance security shall apply to the entire permit. The applicant shall provide the performance security in an amount using one of the following:

(1) If the applicant provides performance security without reliance on the reclamation forfeiture fund created in section 1513.18 of the Revised Code, the applicant shall provide as performance security the amount of the estimated cost of reclamation as determined by the chief under paragraph (B) of this rule and in accordance with paragraphs (B) and (C) of rule 1501:13-7-02 of the Administrative Code.

(2) If the applicant provides performance security together with reliance on the reclamation forfeiture fund created in section 1513.18 of the Revised Code, the applicant shall, in addition to paying the tax on the severance of coal levied under division (A)(8) of section 5749.02 of the Revised Code, provide performance security in the amount required under paragraphs (A) and (C) of rule 1501:13-7-02 of the Administrative Code.

(a) To be eligible to provide performance security in accordance with paragraph (C)(2) of this rule, the applicant, an owner and controller of the applicant, or an affiliate of the applicant shall have held a permit issued under this chapter for any coal mining and reclamation operation for a period of not less than five years.

(b) In the event of forfeiture of performance security that was provided in accordance with paragraph (C)(2) of this rule, the difference between the amount of that performance security and the estimated cost of reclamation as determined by the chief under paragraph (B) of this rule shall be obtained from the money in the reclamation forfeiture fund created in section 1513.18 of the Revised Code as needed to complete the reclamation.

(D) Release of excess performance security.

(1) For a permittee that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule:

(a) If, upon receipt by the chief of the annual map and annual report, the number of acres affected is less than the number of acres for which performance security has been provided, the permittee may obtain a release of the excess performance security by submitting a request for release of excess performance security to the chief on a form provided by the chief; and

(b) If, upon receipt by the chief of the final map and final report, the number of acres affected is less than the number of acres for which performance security has been provided, the chief shall release the excess performance security to the permittee.

(2) For a permittee that provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule, if, upon receipt of the annual map and annual report, the chief determines that the required performance security for the next year is less than the performance security that has been provided, the permittee may obtain a release of the excess performance security by submitting a request for release of excess performance security to the chief on a form provided by the chief.

(E) Responsibilities of the chief.

(1) The chief shall prescribe and furnish forms for filing performance security.

(2) The chief shall determine the estimated cost of reclamation in accordance with paragraph (B) of this rule.

(3) The chief shall adjust the amount of the estimated cost of reclamation and the amount of a permittee's performance security provided for the permit area in accordance with paragraph (E) of rule 1501:13-7-02 of the Administrative Code.

(4) The chief shall release the permittee from his performance security obligations in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code.

(5) The chief shall cause all or part of a performance security to be forfeited in accordance with rule 1501:13-7-06 of the Administrative Code.

(6) The chief shall require as a condition of the permit that adequate performance security coverage be in effect at all times.

Last updated February 14, 2022 at 9:04 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-01

(A) Responsibilities.

(1) Persons seeking to engage in coal mining and reclamation operations, including underground mining operations, shall submit an application for and obtain a permit for those operations in accordance with Chapters 1501:13-4, 1501:13-5, and 1501:13-6 of the Administrative Code. Persons seeking to conduct coal exploration operations shall comply with rule 1501:13-4-02 of the Administrative Code.

(2) The chief shall review each permit application, renewal, revision and notice of intention to explore, shall approve or disapprove each permit application, renewal, revision or notice of intention to explore, and shall issue, condition, suspend, or revoke exploration permits, permits, renewals, or revised permits.

(B) Coordination with requirements under other laws. The chief shall, to avoid duplication, provide for the coordination of review and issuance of permits for coal mining and reclamation operations with any other federal or state permit process applicable to these operations including, at a minimum, the applicable requirements of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act as amended (16 U.S.C. 661 et seq.), the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470 et seq.), the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 703 et seq.), and the Bald and Golden Eagle Protection Act, as amended (16 U.S.C. 668 et seq.) Where there are involved federal or Indian lands covered by the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), the chief shall provide for the coordination of review and issuance of permits for coal mining and reclamation operations with any permit process applicable to these operations under the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.)

(C) Compliance with permits. All persons shall conduct coal mining and reclamation operations under permits issued pursuant to these rules, and shall comply with the terms and conditions of the permit and the requirements of Chapter 1513. of the Revised Code.

(D) Permit applications - general requirements for format and contents.

(1) Applications for permits to conduct coal mining and reclamation operations shall be filed in the format required by the chief. The application shall be complete and include all the applicable information required under these rules.

(2) Information set forth in the application shall be current, shall be presented clearly and concisely, and shall be supported by appropriate references to technical and other written material available to the chief.

(a) All technical data submitted in the application shall be accompanied by:

(i) Names of persons or organizations which collected and analyzed such data;

(ii) Dates of the collection and analyses; and

(iii) Descriptions of methodology used to collect and analyze the data.

(b) Technical analyses shall be planned by or under the direction of a professional qualified in the subject to be analyzed.

(c) The application shall state the name, address and position of officials of each private or academic research organization or governmental agency consulted by the applicant in preparation of the application for information on land uses, soils, geology, vegetation, fish and wildlife, water quantity and quality, air quality, and archeological, cultural and historic features.

(3) Maps and plans: general requirements.

(a) Maps submitted with applications shall be presented in a consolidated format, to the extent possible, and shall include all the types of information that are set forth on topographic maps of the United States geological survey of the 1:24,000 scale series.

(b) All maps and plans submitted with the application shall distinguish among each of the phases during which surface coal mining operations were or will be conducted at any place within the life of operations. At a minimum, distinctions shall be clearly shown among those portions of the life of operations in which surface coal mining operations occurred:

(i) Prior to August 3, 1977;

(ii) After August 3, 1977, and prior to either:

(a) May 3, 1978; or

(b) In the case of an applicant or operator that obtained a small operator's exemption in accordance with 30 CFR 710.12, January 1, 1979;

(iii) After May 3, 1978 (or January 1, 1979, for operators that obtained a small operator's exemption), and prior to August 16, 1982; and

(iv) After the estimated date of issuance of a permit by the chief under Ohio's approved regulatory program.

(E) Verification of application. Applications for permits, revisions, renewals or transfers, sales or assignments of permit rights shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true and correct to the best of the official's information and belief.

(F) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-05

This rule applies to a permittee that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code.

(A) Procedures for seeking release of performance security.

(1) Request for approval of reclamation. After all reclamation, restoration, and abatement work in a reclamation phase, as defined in paragraph (B)(1) of this rule, is completed on the entire permit area or on an incremental area, the permittee, or any person authorized to act on his or her behalf, shall file a request with the chief for approval of that reclamation. A request for approval of a reclamation phase shall include a request for release of performance security. A request for approval of reclamation may be filed only at times or during seasons that allow the chief to evaluate properly the reclamation reported to be completed.

(2) Contents of request for approval of reclamation.

(a) Every request for approval of reclamation for a particular reclamation phase shall include:

(i) The location and the number of acres of land subject to the request;

(ii) The permit number;

(iii) The amount of performance security for the area subject to the request and the phase of reclamation sought to be released; and

(iv) A notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of Chapter 1513. of the Revised Code, the rules adopted thereunder and the approved reclamation plan.

(b) The request for approval of reclamation phase II or any attachments to the request shall also include:

(i) The results of tests on the soil of the area requested for release for such vegetation-sustaining factors as potassium, phosphorus, and lime, and a lime recommendation;

(ii) The planting report required under rule 1501:13-9-15 of the Administrative Code;

(iii) The number of acres of the area requested for release that are reclaimed as prime farmland; and

(iv) Yield data for those acres reclaimed as prime farmland, if appropriate.

(c) The request for approval of reclamation phase III or any attachments to the request shall also state:

(i) The number of acres of the area requested for release that are reclaimed as prime farmland;

(ii) Yield data for those acres reclaimed as cropland, prime farmland, pasture or grazing land, if appropriate; and

(iii) The number of acres of the area requested for release that are reclaimed as lands eligible for remining.

(d) With every request for approval of reclamation for a particular reclamation phase, the permittee shall submit copies of the letters the permittee has sent to adjoining property owners, local government bodies, planning agencies, and sewage and water treatment authorities or water companies in the locality in which the coal mining and reclamation activities took place, notifying them of the permittee's intention to seek release of performance security.

(3) At the time that a request for release of performance security is filed with the chief, the permittee shall publish an advertisement, described in division (F)(1) of section 1513.16 of the Revised Code, at least once a week for four successive weeks in a newspaper of general circulation in the locality of the coal mining operation. In addition to the requirements specified in division (F)(1) of section 1513.16 of the Revised Code, the advertisement shall contain the permittee's name and shall state that written comments, objections, and requests for a performance security release conference may be submitted to the chief pursuant to rule 1501:13-7-08 of the Administrative Code. The advertisement shall also provide the address to which, and closing date by which, written comments, objections and requests for performance security release conferences must be sent. Within thirty days after filing a request for release with the chief, the permittee shall submit a copy of this advertisement to the chief.

(4) After the publication required by paragraph (A)(3) of this rule and prior to the release of performance security, the permittee shall submit to the chief a notarized proof of publication from the newspaper that published the advertisement.

(5) Inspection by the chief.

(a) Within thirty days after the permittee has complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, the chief shall conduct an inspection and evaluation of the reclamation work involved. The surface owner, or agent or lessee of the surface owner, shall be given notice of such inspection and may participate with the chief or his or her authorized representative in making the performance security release inspection.

(b) The chief shall consider during inspection and evaluation of the reclamation:

(i) Whether the permittee has met the requirements of Chapter 1513. of the Revised Code, these rules, any orders issued during mining and reclamation, and the specifications of the approved mining and reclamation plan;

(ii) The degree of difficulty to complete any remaining reclamation;

(iii) Whether pollution of surface and subsurface water is occurring;

(iv) The probability the pollution will continue or occur again; and

(v) The estimated cost of abating the pollution.

(6) Objections to release of performance security and request for performance security release conference.

(a) Within thirty days after the last newspaper publication of the filing of the request for release, written objections to the proposed release of performance security may be filed with the chief by the following persons:

(i) A person with a valid legal interest that might be adversely affected by release of the performance security;

(ii) The responsible officer or head of any federal, state, or local government agency that:

(a) Has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation; or

(b) Is authorized to develop and enforce environmental standards with respect to the operation.

(b) Persons who may file objections under paragraph (A)(6)(a) of this rule may also request a performance security release conference on the proposed release of performance security pursuant to rule 1501:13-7-08 of the Administrative Code.

(7) Decision of the chief; notice of review.

(a) The chief shall notify in writing the permittee and any other interested parties of his or her decision to approve or disapprove the request for release and his or her decision to release or not to release all or part of the performance security:

(i) Within sixty days after the permittee has filed a request for release and complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, if no performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule; or

(ii) Within sixty days after the performance security release conference, if a performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule.

(b) If the chief disapproves a request for release, the chief shall notify the permittee in writing, stating the reasons for disapproval, recommending corrective action necessary to secure release, and informing the permittee of his or her right to appeal this decision to the reclamation commission.

(c) Within thirty days after notification of the final decision of the chief regarding the performance security release, the permittee or any person with an interest that is or may be adversely affected may file an appeal of that decision with the reclamation commission.

(d) If the chief intends to release the performance security, the chief shall notify the municipal corporation in which the coal mining operation is located by certified mail at least thirty days before release of all or part of the performance security.

(e) The chief shall not release performance security until proceedings in review of a decision to release are terminated or, if rights to administrative and judicial review have not been exercised, until periods allowed for filing applications for review have expired.

(B) Criteria and schedule for release of performance security.

(1) Reclamation phases defined.

(a) Reclamation phase I shall be determined to be completed when, in accordance with the approved mining and reclamation plan:

(i) Backfilling and regrading have been completed; and

(ii) Drainage controls have been established.

(b) Reclamation phase II shall be determined to be completed when:

(i) Resoiling is completed and revegetation meets the standards for success for a phase II performance security release in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The lands are not contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements of division (A)(10) of section 1513.16 of the Revised Code, these rules, permit conditions, or the mining and reclamation plan;

(iii) With respect to prime farmlands, soil replacement has been carried out in accordance with the requirements of rule 1501:13-13-03 of the Administrative Code and division (A)(7) of section 1513.16 of the Revised Code, and soil productivity has returned to the levels of yield required by rule 1501:13-4-12 of the Administrative Code;

(iv) The provisions of a plan approved by the chief for the sound future management of any permanent impoundment by the permittee or landowner are implemented to the satisfaction of the chief; and

(v) Any permanent structures to be maintained as part of the postmining land use are included in the approved reclamation plan.

(c) Reclamation phase III shall be determined to be completed when:

(i) The permittee has successfully completed all coal mining and reclamation operations in accordance with the approved reclamation plan and has met the phase III revegetation success standards in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The permittee has achieved compliance with the requirements of Chapter 1513. of the Revised Code, these rules, and the permit; and

(iii) The applicable liability period under rule 1501:13-7-02 of the Administrative Code has expired.

(2) Approval of reclamation phase.

(a) The chief may approve a request and release liability under performance security according to the schedule set forth in paragraph (B)(3) of this rule only upon the chief's determination that reclamation in a particular phase is complete on an incremental area or the entire permit area.

(b) The chief may approve release of performance security for an incremental area when reclamation in a particular phase is complete on that incremental area even though such reclamation is not complete on other incremental areas within the same permit, provided that no release of performance security for any acreage within an incremental area may be approved until reclamation in the applicable phase is complete for all acres within that incremental area.

(c) A portion of an incremental area requiring extended liability because of augmentation or failure to achieve the crop yields for prime farmland required for phase II performance security release by rule 1501:13-9-15 of the Administrative Code may, upon approval by the chief, be separated from the rest of the incremental area and have performance security provided separately. Before determining that extended liability should apply to only a portion of the incremental area, the chief shall determine such portion:

(i) Is not significant in extent in relation to the entire area under the performance security; and

(ii) Is limited to isolated, distinguishable, and contiguous portions of the area for which performance security has been provided and does not comprise scattered or intermittent occurrences throughout the area for which performance security has been provided.

(d) If an area is separated under paragraph (B)(2)(c) of this rule, that portion shall have performance security provided separately and the applicable period of liability, in accordance with rule 1501:13-7-02 of the Administrative Code, shall commence anew. The period of liability for the remaining area shall continue in effect without extension. The amount of performance security on the original incremental area may be adjusted in accordance with rule 1501:13-7-02 of the Administrative Code.

(e) The chief may approve a request for release of performance security for reclamation phase II on areas from which temporary sedimentation ponds have not yet been removed, provided all requirements for a phase II performance security release are met.

(f) A portion of an incremental area requiring a reduced period of liability because of its classification as a remining area shall be separated from the rest of the incremental area and shall be eligible for phase III performance security release pursuant to paragraph (O) of rule 1501:13-9-15 of the Administrative Code.

(3) Schedule for release.

(a) When reclamation phase I is approved by the chief for an incremental area or the entire permit area, the chief shall release performance security liability in the amount of fifty per cent of the performance security for the incremental area or the entire permit area on which the reclamation phase I is complete.

(b) When reclamation phase II is approved by the chief for an incremental area or the entire permit area, the chief shall release performance security liability in an amount not exceeding thirty-five per cent of the original performance security for the incremental area or the entire permit area on which the reclamation phase II is complete.

(c) When reclamation phase III is approved by the chief for an incremental area or the entire permit area, the chief shall release the remaining performance security liability for the incremental area or entire permit area.

(4) Order of release. With the exception of certificates of deposit, trust funds, and cash, which shall be released in any manner and order as determined by the chief, other forms of performance security shall be released under paragraph (B)(3) of this rule in the order in which they were filed, and according to the following order by form of performance security:

(a) The surety bond filed earliest in the permit term, followed by surety bond filed later in the permit term;

(b) The letter of credit filed earliest in the permit term, followed by letters of credit filed later in the permit term; and

(c) Any remaining collateral bond, in the order in which it was filed.

Last updated February 27, 2023 at 9:48 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-05.1

This rule applies to a permittee that provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code.

(A) Procedures for seeking approval of a reclamation phase and release of performance security.

(1) Request for approval of reclamation.

(a) After all reclamation, restoration, and abatement work in a reclamation phase, as defined in paragraph (B)(1) of this rule, is completed on the entire permit area or on an entire incremental mining unit, the permittee, or any person authorized to act on his or her behalf, shall file a request with the chief for approval of that reclamation. A request for approval of a reclamation phase for the entire permit area or for an entire incremental mining unit shall include a request for release of performance security.

(b) After all reclamation, restoration, and abatement work in reclamation phase I or reclamation phase II, as defined by paragraph (B)(1) of this rule, is completed on a designated area within a permit area or incremental mining unit, the permittee may file a request for approval of reclamation phase I or reclamation phase II for that designated area. A request for approval under this paragraph shall not include a request for release of performance security.

(c) A request for approval of reclamation may be filed only at times or during seasons that allow the chief to evaluate properly the reclamation reported to be completed.

(2) Contents of request for approval of reclamation.

(a) Every request for approval of reclamation for a particular reclamation phase shall include:

(i) The location and the number of acres of land subject to the request;

(ii) The permit number;

(iii) A notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of Chapter 1513. of the Revised Code, the rules adopted thereunder and the approved reclamation plan; and

(iv) If the request for approval of reclamation includes a request for release of performance security, the amount of performance security for the area subject to the request and the phase of reclamation sought to be released.

(b) The request for approval of reclamation phase II or any attachments to the request shall also include:

(i) The results of tests on the soil of the area requested for approval for such vegetation-sustaining factors as potassium, phosphorus, and lime, and a lime recommendation;

(ii) The planting report required under rule 1501:13-9-15 of the Administrative Code;

(iii) The number of acres of the area requested for approval that are reclaimed as prime farmland; and

(iv) Yield data for those acres reclaimed as prime farmland, if appropriate.

(c) The request for approval of reclamation phase III or any attachments to the request shall also state:

(i) The number of acres of the area requested for approval and release that are reclaimed as prime farmland;

(ii) Yield data for those acres reclaimed as cropland, prime farmland, pasture or grazing land, if appropriate; and

(iii) The number of acres of the area requested for release that are reclaimed as lands eligible for remining.

(d) With every request for approval of reclamation for a particular reclamation phase, the permittee shall submit copies of the letters the permittee has sent to adjoining property owners, local government bodies, planning agencies, and sewage and water treatment authorities or water companies in the locality in which the coal mining and reclamation activities took place, notifying them of the permittee's request for reclamation phase approval and, when included, the permittee's request for release of performance security.

(3) At the time that a request for approval of a reclamation phase or a request for release of performance security is filed with the chief, the permittee shall publish an advertisement, described in division (F)(1) of section 1513.16 of the Revised Code, at least once a week for four successive weeks in a newspaper of general circulation in the locality of the coal mining operation. In addition to the requirements specified in division (F)(1) of section 1513.16 of the Revised Code, the advertisement shall contain the permittee's name and shall state that written comments, objections, and requests for a reclamation phase approval conference or a performance security release conference may be submitted to the chief pursuant to rule 1501:13-7-08 of the Administrative Code. The advertisement shall also provide the address to which, and closing date by which, written comments, objections and requests for a reclamation phase approval conference or a performance security release conference must be sent. Within thirty days after filing a request for approval of a reclamation phase or a request for approval of a release with the chief, the permittee shall submit a copy of this advertisement to the chief.

(4) After the publication required by paragraph (A)(3) of this rule and prior to the approval of the reclamation phase or the release of performance security, the permittee shall submit to the chief a notarized proof of publication from the newspaper that published the advertisement.

(5) Inspection by the chief.

(a) Within thirty days after the permittee has complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, the chief shall conduct an inspection and evaluation of the reclamation work involved. The surface owner, or agent or lessee of the surface owner, shall be given notice of such inspection and may participate with the chief or his or her authorized representative in making the reclamation phase approval inspection.

(b) The chief shall consider during inspection and evaluation of the reclamation:

(i) Whether the permittee has met the requirements of Chapter 1513. of the Revised Code, these rules, any orders issued during mining and reclamation, and the specifications of the approved mining and reclamation plan;

(ii) The degree of difficulty to complete any remaining reclamation;

(iii) Whether pollution of surface and subsurface water is occurring;

(iv) The probability the pollution will continue or occur again; and

(v) The estimated cost of abating the pollution.

(6) Objections to approval of reclamation phase or to release of performance security and request for reclamation phase approval conference or performance security release conference.

(a) Within thirty days after the last newspaper publication of the filing of the request for approval of a reclamation phase or the request for release of performance security, written objections to the proposed reclamation phase approval or proposed performance security release may be filed with the chief by the following persons:

(i) A person with a valid legal interest that might be adversely affected by approval of the reclamation phase or by release of the performance security;

(ii) The responsible officer or head of any federal, state, or local government agency that:

(a) Has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation; or

(b) Is authorized to develop and enforce environmental standards with respect to the operation.

(b) Persons who may file objections under paragraph (A)(6)(a) of this rule may also request a reclamation phase approval conference on the proposed approval or a performance security release conference on the proposed release of performance security pursuant to rule 1501:13-7-08 of the Administrative Code.

(7) Decision of the chief; notice of review.

(a) The chief shall notify in writing the permittee and any other interested parties of his or her decision to approve or disapprove a reclamation phase or a request for release and his or her decision to release or not to release all or part of the performance security:

(i) Within sixty days after the permittee has filed a request for approval of a reclamation phase or for release of performance security and complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, if no reclamation phase approval conference or performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule; or

(ii) Within sixty days after the reclamation phase approval conference or performance security release conference, if a reclamation phase approval conference or performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule.

(b) If the chief disapproves a reclamation phase or a request for release, the chief shall notify the permittee in writing, stating the reasons for disapproval, recommending corrective action necessary to secure approval or release, and informing the permittee of his or her right to appeal this decision to the reclamation commission.

(c) Within thirty days after notification of the final decision of the chief regarding the reclamation phase or the performance security release, the permittee or any person with an interest that is or may be adversely affected may file an appeal of that decision with the reclamation commission.

(d) If the chief intends to release the performance security, the chief shall notify the municipal corporation in which the coal mining operation is located by certified mail at least thirty days before release of all or part of the performance security.

(e) The chief shall not release performance security until proceedings in review of a decision to release are terminated or, if rights to administrative and judicial review have not been exercised, until periods allowed for filing applications for review have expired.

(B) Criteria and schedule for release of performance security.

(1) Reclamation phases defined.

(a) Reclamation phase I shall be determined to be completed when, in accordance with the approved mining and reclamation plan:

(i) Backfilling and regrading have been completed; and

(ii) Drainage controls have been established.

(b) Reclamation phase II shall be determined to be completed when:

(i) Resoiling is completed and revegetation meets the standards for success for a phase II performance security release in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The lands are not contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements of division (A)(10) of section 1513.16 of the Revised Code, these rules, permit conditions, or the mining and reclamation plan;

(iii) With respect to prime farmlands, soil replacement has been carried out in accordance with the requirements of rule 1501:13-13-03 of the Administrative Code and division (A)(7) of section 1513.16 of the Revised Code, and soil productivity has returned to the levels of yield required by rule 1501:13-4-12 of the Administrative Code;

(iv) The provisions of a plan approved by the chief for the sound future management of any permanent impoundment by the permittee or landowner are implemented to the satisfaction of the chief; and

(v) Any permanent structures to be maintained as part of the postmining land use are included in the approved reclamation plan.

(c) Reclamation phase III shall be determined to be completed when:

(i) The permittee has successfully completed all coal mining and reclamation operations in accordance with the approved reclamation plan and has met the phase III revegetation success standards in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The permittee has achieved compliance with the requirements of Chapter 1513. of the Revised Code, these rules, and the permit; and

(iii) The applicable liability period under rule 1501:13-7-02 of the Administrative Code has expired.

(2) Approval of request for release of performance security.

(a) The chief may approve a request for release of performance security and may release liability under performance security according to the schedule set forth in paragraph (B)(3) of this rule only upon the chief's determination that reclamation in a particular phase is complete on an incremental mining unit or the entire permit area.

(b) The chief may approve release of performance security for an incremental mining unit when reclamation in a particular phase is complete on that incremental mining unit even though such reclamation is not complete on other incremental mining units within the same permit, provided that no release of performance security for any acreage within an incremental mining unit may be approved until reclamation in the applicable phase is complete for all acres within that incremental mining unit.

(c) A portion of an incremental mining unit requiring extended liability because of augmentation or failure to achieve the crop yields for prime farmland required for phase II performance security release by rule 1501:13-9-15 of the Administrative Code may, upon approval by the chief, be separated from the rest of the incremental mining unit and have performance security provided separately. Before determining that extended liability should apply to only a portion of the incremental mining unit, the chief shall determine such portion:

(i) Is not significant in extent in relation to the entire area under the performance security; and

(ii) Is limited to isolated, distinguishable, and contiguous portions of the area for which performance security has been provided and does not comprise scattered or intermittent occurrences throughout the area for which performance security has been provided.

(d) If an area is separated under paragraph (B)(2)(c) of this rule, that portion shall have performance security provided separately and the applicable period of liability, in accordance with rule 1501:13-7-02 of the Administrative Code, shall commence anew. The period of liability for the remaining area shall continue in effect without extension. The amount of performance security on the original incremental mining unit may be adjusted in accordance with rule 1501:13-7-02 of the Administrative Code.

(e) The chief may approve a request for release of performance security for reclamation phase II on areas from which temporary sedimentation ponds have not yet been removed, provided all requirements for a phase II performance security release are met.

(f) A portion of an incremental mining unit requiring a reduced period of liability because of its classification as a remining area shall be separated from the rest of the incremental mining unit and shall be eligible for phase III performance security release pursuant to paragraph (O) of rule 1501:13-9-15 of the Administrative Code.

(3) Schedule for release.

(a) When reclamation phase I is approved by the chief for an incremental mining unit or the entire permit area, the chief shall release performance security liability in an amount of up to fifty per cent of the performance security for the incremental mining unit or the entire permit area on which the reclamation phase I is complete.

(b) When reclamation phase II is approved by the chief for an incremental mining unit or the entire permit area, the chief shall release performance security liability in an amount of up to thirty-five per cent of the original performance security for the incremental mining unit or the entire permit area on which the reclamation phase II is complete.

(c) When reclamation phase III is approved by the chief for an incremental mining unit or the entire permit area, the chief shall release the remaining performance security liability for the incremental mining unit or entire permit area.

(4) Order of release. With the exception of certificates of deposit, trust funds, and cash, which shall be released in any manner and order as determined by the chief, other forms of performance security shall be released under paragraph (B)(3) of this rule in the order in which they were filed, and according to the following order by form of performance security:

(a) The surety bond filed earliest in the permit term, followed by surety bond filed later in the permit term;

(b) The letter of credit filed earliest in the permit term, followed by letters of credit filed later in the permit term; and

(c) Any remaining collateral bond, in the order in which it was filed.

Last updated February 27, 2023 at 9:48 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-05

(A) Operation plan: general requirements.

(1) This rule shall apply only to coal mining operations other than underground mining operations.

(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations;

(i) The description shall identify the mining method as area mining, contour mining, another named mining method, or combination of methods to be identified by name;

(ii) For contour mining or area mining, the description shall include, at a minimum, the maximum extent of cover to be mined, the location where the mining will begin, the direction the mining will proceed, and the ending point of the operation. If the mining operation will utilize multiple pits, the description shall be included for each mining pit;

(iii) For mining methods other than area mining or contour mining, or for combinations of methods, the description shall include each of the items required under paragraph (A)(2)(a)(ii) of this rule and in addition shall include other information that demonstrates the orderly and reasonable progression of mining, including, but not limited to, spoil placement plans, proposed locations of haul roads that will be used or retained for an extended period of time, and the intended timing of mining operations;

(iv) The description shall specify for the mining method(s) proposed how the time and distance requirements of rule 1501:13-9-13 of the Administrative Code will be met; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code and is approved by the chief):

(i) Dams, embankments, and other impoundments;

(ii) Overburden and topsoil handling and storage areas and structures;

(iii) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(iv) Spoil, coal processing waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;

(v) Mine facilities; and

(vi) Water and air pollution control facilities.

(3) Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in the detail necessary for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(B) Operation plan: existing structures.

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal mining and reclamation operation. The description shall include:

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal mining and reclamation operation. The compliance plan shall include:

(a) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code;

(b) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(C) Operation plan: blasting. Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:

(1) Information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations;

(2) A description of any system to be used to monitor compliance with the airblast and ground vibration limits established under paragraph (C)(1) of this rule, including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring; and

(3) For blasting operations within five hundred feet of active underground mines, copies of the approvals given by the state and federal regulatory authorities concerned with the health and safety of underground miners.

(D) Reclamation plan: general requirements.

(1) Each application shall contain a plan for describing reclamation of the lands within the proposed permit area, showing how the applicant will comply with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder. The plan shall include, at a minimum, all information required under paragraphs (D) to (P) of this rule.

(2) Each plan shall contain, where appropriate, the following information for the proposed permit area:

(a) A detailed timetable for the completion of each major step in the reclamation plan which, at a minimum, addresses the reclamation timing requirements of paragraph (A) of rule 1501:13-9-13 of the Administrative Code, and is specific to the mining method described in accordance with paragraph (A)(2)(a) of this rule;

(b) A description of the backfilling, soil stabilization and grading;

(c) A description of the removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of rule 1501:13-9-03 of the Administrative Code. A demonstration of the suitability of topsoil substitutes or supplements under rule 1501:13-9-03 of the Administrative Code shall be based upon analysis of the thickness of soil horizons, total depth, texture, per cent coarse fragments, pH, and areal extent of the different kinds of soils. The chief may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(d) A description of the revegetation as required in rule 1501:13-9-15 of the Administrative Code, including, but not limited to, descriptions of the:

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(vi) Irrigation, if appropriate, and disease, pest and vermin control, if any; and

(vii) The measures proposed to be used to determine the success of revegetation as required under rule 1501:13-9-15 of the Administrative Code;

(e) A description of the measures to be used to maximize the use and conservation of the coal resources as required by rule 1501:13-9-05 of the Administrative Code;

(f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with paragraph (E) of rule 1501:13-9-09 of the Administrative Code and paragraph (J) of rule 1501:13-9-14 of the Administrative Code and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(g) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with rule 1501:13-9-02 of the Administrative Code; and

(h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and regulations and health and safety standards.

(E) Reclamation plan: protection of the hydrologic balance.

(1) Each application shall contain a plan for the protection of the hydrologic balance. The plan shall be specific to the local hydrologic conditions and shall describe the measures to be taken during and after the proposed coal mining operations in accordance with rule 1501:13-9-04 of the Administrative Code to:

(a) Minimize disturbance to the hydrologic balance within the permit and adjacent areas and to prevent material damage outside the permit area;

(b) Protect the rights of present users of surface and ground water;

(c) Avoid acid or toxic drainage;

(d) Control surface water drainage into, through, and out of the proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative Code;

(e) Treat, when required under these rules, surface and ground water drainage from the area to be disturbed by the proposed activities, so as not to exceed quantitative limits on pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the Administrative Code;

(f) Restore the approximate recharge capacity of the proposed permit area in accordance with paragraph (L) of rule 1501:13-9-04 of the Administrative Code and protect or replace rights of present water users;

(g) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area. Vegetation may be determined by the chief to be the best technology currently available upon a demonstration by the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule 1501:13-9-04 of the Administrative Code have been met. If the applicant proposes to make such a demonstration after vegetation is established and remove siltation structures sooner than two years after the last augmented seeding of a drainage area, the applicant shall state such intentions in the timetable and plans for removal of sediment control structures required by paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;

(h) Address any potential adverse hydrologic consequences identified in the determination of probable hydrologic consequences under paragraph (E)(2) of this rule and include preventative and remedial measures; and

(i) Meet applicable state and federal water quality laws and regulations.

(2) Determination of probable hydrologic consequences (PHC).

(a) The plan shall include a determination of the probable hydrologic consequences of the proposed coal mining operations on the proposed permit area and adjacent areas. This determination shall be based on baseline hydrologic, geologic and other information collected for the permit application with respect to the hydrologic regime, providing information on the quantity and quality of water in surface and ground-water systems under seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, and total manganese.

(b) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area;

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(c) Flooding or streamflow alteration;

(d) Ground-water and surface-water availability; and

(e) Other characteristics as required by the chief.

(c) An application for a permit revision shall be reviewed by the chief to determine whether a new or updated PHC determination shall be required.

(F) Ground-water and surface-water monitoring plans.

(1) Ground-water monitoring plan.

(a) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (E)(1) of this rule. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, specific conductance corrected to twenty-five degrees centigrade, pH, total iron, total manganese, and water levels shall be monitored. The data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(b) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the general area, then monitoring of that stratum may be waived by the chief.

(2) Surface-water monitoring plan.

(a) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R. part 434.

(b) The plan shall identify the surface-water quantity and the quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in the permit and adjacent areas, surface-water bodies such as streams, lakes and impoundments, that are potentially affected or into which water will be discharged, and at upstream monitoring locations, the specific conductance corrected to twenty-five degrees centigrade, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.

(iii) The data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(G) Reclamation plan: postmining land uses.

(1) Each application shall contain a plan for the postmining land use. The plan shall describe the proposed use following reclamation of the land within the proposed permit area including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and

(b) When a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under these rules.

(2) The plan shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation. In cases where no surface disturbance will result from the applicant's proposed use of auger/highwall mining, this paragraph shall not apply.

(3) The plan shall describe the consideration which has been given to making all of the proposed coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.

(1) General requirements.

(a) Each application shall include a detailed design plan for each proposed siltation structure, water impoundment, and coal mine waste bank, dam, or embankment within the proposed permit area. Each plan shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(b) Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (H)(1)(b) of this rule, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any design and construction requirements for the structure, including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(2) Impoundments.

(a) Permanent and temporary impoundments shall be designed in compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any impoundment shall be certified by an engineer experienced in impoundment design and construction. The certification statement shall state that the structure is designed to meet the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each design plan for an impoundment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a). The plan required to be submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be submitted to the chief as part of the permit application.

(c) Impoundments not meeting the size or other criteria of paragraph (H)(1)(b) of this rule may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative Code:

(i) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(ii) If the natural slope of the foundation as measured at right angles to the embankment center line is steeper than 10:1V (ten per cent), the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(iii) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(iv) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(v) The moisture content of the fill material shall be sufficient to secure proper compaction. (An indication of sufficient moisture content is that when kneaded by hand the soil should just form a ball which does not readily separate. The engineer may specify other methods of testing moisture content, if appropriate.) When it is necessary to use materials of varying texture and gradation, the more impervious material shall be placed in the upstream and center portions of the embankment and the more pervious material shall be placed in the downstream portion of the fill;

(vi) The embankment's combined upstream and downstream side slopes shall be no steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added together.); and

(vii) The minimum top width of the embankment shall be (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment.

(3) Siltation structures.

(a) Permanent and temporary siltation structures shall be designed in compliance with the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code. The design of any siltation structure shall be certified by an engineer experienced in impoundment design and construction. The certification shall state that the structure is designed to meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code.

(b) In addition to the requirements of paragraph (H)(1) of this rule, the plan shall include a determination of:

(i) The required sediment storage volume; and

(ii) The detention time provided by the pond.

(c) Each design plan for a siltation structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(4) Coal mine waste dams and embankments.

(a) Coal mine waste dams and embankments shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste dam or embankment shall be certified by an engineer experienced in design of similar earth and waste structures. The certification statement shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current, prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

(iv) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(c) Each design plan for a coal mine waste dam or embankment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(5) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions regarding impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank shall be certified by an engineer experienced in design of similar earth and waste structures. The certification shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current, prudent engineering practices.

(6) If the structure meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called Class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(7) For further information about natural resources conservation service technical release TR-210-60, which is incorporated by reference in paragraph (H) of this rule, see paragraph (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.

(I) Surface mining near underground mining. For surface mining operations within the proposed permit area to be conducted within five hundred feet of an underground mine either active or abandoned, the application shall describe the measures to be used to comply with rule 1501:13-9-08 of the Administrative Code.

(J) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.

(K) Protection of public parks and historic places.

(1) For any publicly owned parks or any places listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, that may be adversely affected by the proposed operation, each application shall describe the measures to be used:

(a) To prevent adverse impacts; or

(b) If valid existing rights exist or joint agency approval is to be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code, to minimize adverse impacts. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(2) The chief may require the applicant to protect historic or archeological properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (K)(1) of this rule, through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

(L) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:

(1) Conducting the proposed coal mining operations within one hundred feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or

(2) Relocating a public road.

(M) Transportation facilities.

(1) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross sections, and the following:

(a) Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

(b) A description of measures to be taken to obtain approval of the chief for alteration or relocation of a natural drainageway under rule 1501:13-10-01 of the Administrative Code;

(c) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the chief under rule 1501:13-10-01 of the Administrative Code;

(d) Drawings and specifications for each proposed ford of perennial or intermittent streams outside the mined-out area that is used as a temporary route, as necessary for approval of the ford by the chief in accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative Code; and

(e) A description of plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road embankments may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (G)(3) of rule 1501:13-10-01 of the Administrative Code:

(a) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(b) If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8h:1v, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(c) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(d) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(e) The moisture content of the fill material shall be sufficient to secure proper compaction;

(f) The side slopes of the embankment shall be no steeper than 2h:1v;

(g) Embankments with upstream and downstream slopes shall have a minimum top width of (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment;

(h) Hillside embankments shall have a minimum top width adequate for the intended use; and

(i) Culverts shall be placed such that the embankment, as defined in rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time.

(N) Disposal of excess spoil.

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to rule 1501:13-9-07 of the Administrative Code. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(a) The character of bedrock and any adverse geologic conditions in the disposal area;

(b) A survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;

(c) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(d) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(e) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(3) If, under paragraph (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or keyway cuts are required, the application shall include the following:

(a) The number, location and depth of borings or test pits. The number, location and depth shall be determined with respect to the size of the spoil disposal structure and sub-surface conditions; and

(b) Engineering specifications utilized to design the rock-toe buttresses or key-way cuts which shall be determined in accordance with paragraph (N)(2)(e) of this rule.

(O) Air pollution control plan. Each application shall contain an air pollution control plan, in order to address fugitive dust resulting from erosion. The plan shall include the following:

(1) An air quality monitoring program, if required by the chief, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (O)(2) of this rule to comply with applicable federal and state air quality standards; and

(2) A plan for fugitive dust control practices.

(P) Fish and wildlife plan.

(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(a) The scope and level of detail for such information shall be determined by the chief in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (P)(2) of this rule.

(b) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary of the interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(2) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable.

(a) This description shall:

(i) Be consistent with the requirements of rule 1501:13-9-11 of the Administrative Code;

(ii) Apply, at a minimum, to species and habitats identified under paragraph (P)(1) of this rule;

(iii) Include protective measures that will be used during the active mining phase of the operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(iv) Include enhancement measures that will be used during the reclamation and postmining phase of the operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(3) Fish and wildlife service review. Upon request, the chief shall provide the resource information required under paragraph (P)(1) of this rule and the protection and enhancement plan required under paragraph (P)(2) of this rule to the U.S. department of the interior, fish and wildlife service regional or field office for their review. This information shall be provided within ten days of receipt of the request from the service.

(Q) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-14

(A) Operation plan: general requirements.

(1) This rule shall apply only to underground mining operations.

(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine including:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code and is approved by the chief):

(i) Dams, embankments, and other impoundments;

(ii) Overburden and topsoil handling and storage areas and structures;

(iii) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(iv) Spoil, coal processing, waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;

(v) Mine facilities; and

(vi) Water and air pollution control facilities.

(3) Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in the detail necessary for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(B) Operation plan: existing structures.

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal mining and reclamation operation. The description shall include:

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) A showing, including relevant monitoring data or other evidence, of whether the structure meets the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal mining and reclamation operation. The compliance plan shall include:

(a) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code;

(b) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(C) Operation plan: blasting. If surface blasting incident to the underground mine operation is to be conducted, the application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:

(1) Information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations;

(2) Description of any system to be used to monitor compliance with the airblast and ground vibration limits established under paragraph (C)(1) of this rule, including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring; and

(3) For blasting operations within five hundred feet of active underground mines, copies of the approvals given by the state and federal authorities concerned with the health and safety of underground miners.

(D) Reclamation plan: general requirements.

(1) Each application shall contain a plan for describing reclamation of the lands within the proposed permit area, showing how the applicant will comply with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder. The plan shall include, at a minimum, all information required under paragraphs (D) to (R) of this rule.

(2) Each plan shall contain, where appropriate, the following information for the proposed permit area:

(a) A detailed timetable for the completion of each major step in the reclamation plan;

(b) A plan for the backfilling, soil stabilization, compacting, and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with rule 1501:13-9-14 of the Administrative Code;

(c) A description of the removal, storage, and redistribution of the topsoil, subsoil, and other material to meet the requirements of rule 1501:13-9-03 of the Administrative Code. A demonstration of the suitability of topsoil substitutes or supplements under rule 1501:13-9-03 of the Administrative Code shall be based upon analysis of the thickness of soil horizons, total depth, texture, per cent coarse fragments, pH, and areal extent of the different kinds of soils. The chief may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(d) A description of the revegetation as required in rule 1501:13-9-15 of the Administrative Code, including, but not limited to, descriptions of the:

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(vi) Irrigation, if appropriate, and disease, pest and vermin control, if any; and

(vii) The measures proposed to be used to determine the success of revegetation as required under rule 1501:13-9-15 of the Administrative Code;

(e) A description of the measures to be used to maximize the use and conservation of the coal resources as required by rule 1501:13-9-05 of the Administrative Code;

(f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials and materials constituting a fire hazard are disposed of in accordance with paragraph (E) of rule 1501:13-9-09 and paragraph (J) of rule 1501:13-9-14 of the Administrative Code and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(g) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings and to plug, case or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with rule 1501:13-9-02 of the Administrative Code; and

(h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and regulations and health and safety standards.

(E) Reclamation plan: protection of hydrologic balance.

(1) Each application shall contain a plan for the protection of the hydrologic balance. The plan shall be specific to the local hydrologic conditions and shall describe the measures to be taken during and after the proposed underground mining operations in accordance with rule 1501:13-9-04 of the Administrative Code to:

(a) Minimize disturbance to the hydrologic balance within the permit and adjacent areas and to prevent material damage outside the permit area;

(b) Protect the rights of present users of surface and ground waters within the permit area and adjacent areas;

(c) Avoid acid or toxic drainage;

(d) Control surface-water drainage into, through, and out of the proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative Code;

(e) Treat, when required under these rules, surface- and ground-water drainage from the area to be disturbed by the proposed underground mining surface operations, so as not to exceed quantitative limits on pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the Administrative Code;

(f) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area. Vegetation may be determined by the chief to be the best technology currently available upon a demonstration by the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule 1501:13-9-04 of the Administrative Code have been met. If the applicant proposes to make such a demonstration after vegetation is established and remove siltation structures sooner than two years after the last augmented seeding of a drainage area, the applicant shall state such intentions in the timetable and plans for removal of sediment control structures required by paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;

(g) Address any potential adverse hydrologic consequences identified in the determination of probable hydrologic consequences under paragraph (E)(2) of this rule and include preventative and remedial measures; and

(h) Meet applicable federal and state water quality laws and regulations.

(2) Determination of probable hydrologic consequences (PHC).

(a) The plan shall include a determination of the probable hydrologic consequences of the proposed underground mining operations on the proposed permit area and adjacent areas. This determination shall be based on baseline hydrologic, geologic and other information collected for the permit application with respect to the hydrologic regime, providing information on the quantity and quality of water in surface- and ground-water systems under seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, and total manganese.

(b) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area;

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(c) Flooding or streamflow alteration;

(d) Ground-water and surface-water availability; and

(e) Other characteristics as required by the chief.

(c) An application for a permit revision shall be reviewed by the chief to determine whether a new or updated PHC determination shall be required.

(3) Each plan shall contain a detailed description, with appropriate drawings, of permanent entry seals and downslope barriers designed to ensure stability under anticipated hydraulic heads developed while promoting mine inundation after mine closure for the proposed permit area.

(F) Ground-water and surface-water monitoring plans.

(1) Ground-water monitoring plan.

(a) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (E)(1) of this rule. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, specific conductance corrected to twenty-five degrees centigrade, pH, total iron, total manganese, and water levels shall be monitored. Data resulting from monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(b) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the general area, then monitoring of that stratum may be waived by the chief.

(2) Surface-water monitoring plan.

(a) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R. part 434.

(b) The plan shall identify the surface-water quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in the permit and adjacent areas, surface-water bodies such as streams, lakes and impoundments, that are potentially affected or into which water will be discharged, and at upstream monitoring locations, the specific conductance corrected to twenty-five degrees centigrade, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.

(iii) Data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(G) Reclamation plan: postmining land uses.

(1) Each application shall contain a plan for the postmining land use. The plan shall describe the proposed use following reclamation of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use polices and plans. This description shall explain:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and

(b) When a land use different from the premining land use is proposed, all materials needed for approval of the alternatives used under these rules.

(2) The plan shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.

(3) The plan shall describe the consideration which has been given to making all of the proposed coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.

(1) General requirements.

(a) Each application shall include a detailed design plan for each proposed siltation structure, water impoundment, and coal mine waste bank, dam, or embankment within the proposed permit area. Each plan shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(b) Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (H)(1)(b) of this rule, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any design and construction requirements for the structure including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(2) Impoundments.

(a) Permanent and temporary impoundments shall be designed in compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any impoundment shall be certified by an engineer experienced in impoundment design and construction. The certification statement shall state that the structure is designed to meet the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each design plan for an impoundment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a). The plan required to be submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be submitted to the chief as part of the permit application.

(c) Impoundments not meeting the size or other criteria of paragraph (H)(1)(b) of this rule may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative Code:

(i) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(ii) If the natural slope of the foundation as measured at right angles to the embankment center line is steeper than 10h:1v (ten per cent), the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(iii) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(iv) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(v) The moisture content of the fill material shall be sufficient to secure proper compaction. (An indication of sufficient moisture content is that when kneaded by hand the soil should just form a ball which does not readily separate. The engineer may specify other methods of testing moisture content if appropriate). When it is necessary to use materials of varying texture and gradation, the more impervious material shall be placed in the upstream and center portions of the embankment and the more pervious material shall be placed in the downstream portion of the fill;

(vi) The embankment's combined upstream and downstream side slopes shall be no steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added together.); and

(vii) The minimum top width of the embankment shall be (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment.

(3) Siltation structures.

(a) Permanent and temporary siltation structures shall be designed in compliance with the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code. The design of any siltation structure shall be certified by an engineer experienced in impoundment design and construction. The certification shall state that the structure is designed to meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code.

(b) In addition to the requirements of paragraph (H)(1) of this rule, the plan shall include a determination of:

(i) The required sediment storage volume; and

(ii) The detention time provided by the pond.

(c) Each design plan for a siltation structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(4) Coal mine waste dams and embankments.

(a) Coal mine waste dams and embankments shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste dam or embankment shall be certified by an engineer experienced in design of similar earth and waste structures. The certification statement shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current, prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

(iv) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(c) Each design plan for a coal mine waste dam or embankment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(5) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions regarding impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank shall be certified by an engineer experienced in design of similar earth and waste structures. The certification shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current, prudent engineering practices.

(6) If the structure meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216 (a), or meets the significant hazard potential or high hazard potential classification (formerly called Class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(7) For further information about natural resources conservation service technical release TR-210-60, which is incorporated by reference in paragraph (H) of this rule, see paragraph (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.

(I) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.

(J) Protection of public parks and historic places.

(1) For any publicly owned parks or any places listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, that may be adversely affected by the proposed operation, each application shall describe the measures to be used:

(a) To prevent adverse impacts; or

(b) If valid existing rights exist or joint agency approval is to be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code to minimize adverse impacts. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html.

(2) The chief may require the applicant to protect historic or archeological properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (J)(1) of this rule, through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

(K) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:

(1) Conducting the proposed coal mining operation within one hundred feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or

(2) Relocating a public road.

(L) Transportation facilities.

(1) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross sections, and the following:

(a) Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

(b) A description of measures to be taken to obtain approval of the chief for alteration or relocation of a natural drainageway under rule 1501:13-10-01 of the Administrative Code;

(c) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the chief under rule 1501:13-10-01 of the Administrative Code;

(d) Drawings and specifications for each proposed ford of perennial or intermittent streams outside the mined-out area that is used as a temporary route, as necessary for approval of the ford by the chief in accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative Code; and

(e) A description of plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road embankments may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (G)(3) of rule 1501:13-10-01 of the Administrative Code:

(a) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(b) If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8h:1v, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(c) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(d) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(e) The moisture content of the fill material shall be sufficient to secure proper compaction;

(f) The side slopes of the embankment shall be no steeper than 2h:1v;

(g) Embankments with upstream and downstream slopes shall have a minimum top width of (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment;

(h) Hillside embankments shall have a minimum top width adequate for the intended use; and

(i) Culverts shall be placed such that the embankment, as defined in rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time.

(M) Subsidence control plan.

(1) The application shall include, for the shadow area, the most recent available U.S. geologic survey 7.5-minute topographic map showing:

(a) The extent of underground workings proposed for the term of the permit, including existing works that will continue to be used under the permit, all shown on a year-by-year basis;

(b) Those parts of the proposed underground workings from which there will be full coal recovery;

(c) The angle of draw for the workings described in paragraphs (M)(1)(a) and (M)(1)(b) of this rule; and

(d) Those areas in which measures will be taken to prevent or minimize subsidence and subsidence-related damage.

(2) The application shall include an inventory which shall show whether structures or renewable resource lands exist within the proposed permit and adjacent areas and whether subsidence, if it occurred, could cause material damage or diminution of the reasonably foreseeable use of such structures or renewable resource lands. If the inventory shows that no such structures or renewable resource lands exists or no such material damage or diminution could be caused in the event of mine subsidence, and if the chief agrees with such conclusion, no further information need be provided in the application under paragraphs (M)(2)(a) to (M)(2)(e) of this rule. In the event the inventory shows that such structures or renewable resource lands exist, and that subsidence could cause material damage or diminution of value or foreseeable use of such structures or renewable resource lands, or if the chief determines that such material damage or diminution could occur, the application shall include a subsidence control plan which shall contain the following information:

(a) A description of the method of coal removal, such as longwall, room-and-pillar removal, hydraulic mining, or other extraction methods, including the size, sequence, and timing for the development of underground workings;

(b) A map of the shadow area which describes the location and extent of areas in which planned-subsidence mining methods will be used and which includes all areas where the measures described in paragraphs (M)(2)(d) and (M)(2)(e) of this rule will be taken to prevent or minimize subsidence and subsidence-related damage; and, where appropriate, to correct subsidence-related material damage;

(c) A description of the physical conditions, such as depth of cover, seam thickness, and lithology, which affect the likelihood or extent of subsidence and subsidence-related damage;

(d) A description of monitoring, if any, needed to determine the commencement and degree of subsidence so that, when appropriate, other measures can be taken to prevent, reduce, or correct material damage in accordance with rule 1501:13-12-03 of the Administrative Code;

(e) Except for those areas where planned subsidence is projected to be used, a detailed description of the subsidence control measures that will be taken to prevent or minimize subsidence and subsidence-related damage, including such measures as:

(i) Backstowing or backfilling voids;

(ii) Leaving support pillars of coal;

(iii) Leaving areas in which no coal is removed, including a description of the overlying area to be protected by leaving the coal in place; and

(iv) Taking measures on the surface to prevent material damage or lessening of the value or reasonably foreseeable use of the surface;

(f) A description of the anticipated effects of planned subsidence, if any;

(g) A general description of the measures to be taken, in accordance with rule 1501:13-12-03 of the Administrative Code, to mitigate or remedy any subsidence-related damage to or diminution in value or reasonably foreseeable use of:

(i) The land; or

(ii) Structures, buildings, features, or facilities to the extent required pursuant to rule 1501:13-12-03 of the Administrative Code; and

(h) Other information required by the chief as necessary to demonstrate that the operation will be conducted in accordance with the performance standards of rule 1501:13-12-03 of the Administrative Code for subsidence control.

(N) Return of coal mine wastes to abandoned underground workings.

(1) Each application shall contain a plan for the return of coal mine wastes to abandoned underground workings. The plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the chief and MSHA under paragraph (A)(7) of rule 1501:13-9-09 of the Administrative Code.

(2) The plan shall describe the source and quality of waste to be stowed, area to be backfilled, per cent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling.

(3) The applicant shall describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime.

(4) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area.

(5) The requirements of paragraphs (N)(1) to (N)(4) of this rule shall also apply to pneumatic backfilling operations, except where the operations are exempted by the chief from requirements specifying hydrologic monitoring.

(O) Underground development waste. Each plan shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by underground mining surface operations and facilities according to rule 1501:13-9-07 of the Administrative Code. Each plan shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the structures and be prepared according to paragraph (P) of this rule.

(P) Disposal of excess spoil.

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to rule 1501:13-9-07 of the Administrative Code. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(a) The character of bedrock and any adverse geologic conditions in the disposal area;

(b) A survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;

(c) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(d) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(e) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(3) If, under paragraph (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or keyway cuts are required, the application shall include the following:

(a) The number, location, and depth of borings or test pits. The number, location, and depth shall be determined with respect to the size of the spoil disposal structure and sub-surface conditions; and

(b) Engineering specifications utilized to design the rock-toe buttresses or keyway cuts which shall be determined in accordance with paragraph (P)(2)(e) of this rule.

(Q) Air pollution control plan. For all underground mining surface operations, the application shall contain an air pollution control plan in order to address fugitive dust resulting from erosion. The plan shall include the following:

(1) An air quality monitoring program, if required by the chief, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (Q)(2) of this rule to comply with applicable federal and state air quality standards; and

(2) A plan for fugitive dust control practices.

(R) Fish and wildlife plan.

(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(a) The scope and level of detail for such information shall be determined by the chief in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (R)(2) of this rule.

(b) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary of the interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(2) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable.

(a) This description shall:

(i) Be consistent with the requirements of rule 1501:13-9-11 of the Administrative Code;

(ii) Apply, at a minimum, to species and habitats identified under paragraph (R)(1) of this rule;

(iii) Include protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(iv) Include enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(3) Fish and wildlife service review. Upon request, the chief shall provide the resource information required under paragraph (R)(1) of this rule and the protection and enhancement plan required under paragraph (R)(2) of this rule to the U.S. department of the interior, fish and wildlife service regional or field office for their review. This information shall be provided within ten days of receipt of the request from the service.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-12

(A) Scope. This rule establishes the minimum requirements for permits for certain categories of coal mining and reclamation operations. These requirements are in addition to the general permit requirements contained in Chapter 1501:13-4 of the Administrative Code. All of the provisions of Chapter 1501:13-4 of the Administrative Code apply to such operations, unless otherwise specifically provided in this rule.

(B) Experimental mining practices.

(1) "Experimental practices," as used in this rule, means the use of alternative coal mining and reclamation operation practices for experimental or research purposes. Experimental practices need not comply with specific environmental protection performance standards of these rules, if approved pursuant to paragraph (B) of this rule.

(2) No person shall engage in or maintain any experimental practice, unless that practice is first approved in a permit by the chief and the director of the office of surface mining.

(3) Each person who desires to conduct an experimental practice shall submit a permit application for the approval of the chief and the director of the office of surface mining. The permit application shall contain descriptions, maps, plans, and data which show:

(a) The nature of the experimental practice, including a description of the performance standards for which variances are requested, the duration of the experimental practice, and the special monitoring which will be conducted;

(b) How use of the experimental practice:

(i) Encourages advances in mining and reclamation technology; or

(ii) Allows a postmining land use for industrial, commercial, residential, or public use (including recreational facilities), on an experimental basis, when the results are not otherwise attainable under Chapter 1513. of the Revised Code and rules adopted thereunder;

(c) That the mining and reclamation operations proposed for using an experimental practice are not larger nor more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice;

(d) That the experimental practice:

(i) Is potentially more, or at least as, environmentally protective during and after the proposed mining and reclamation operations as those practices otherwise required under division 1501:13 of the Administrative Code; and

(ii) Will not reduce the protection afforded public health and safety below that provided by the requirements of division 1501:13 of the Administrative Code; and

(e) That the applicant will conduct special monitoring with respect to the experimental practice during and after the operations involved. The monitoring program shall:

(i) Ensure the collection, analysis and reporting of sufficient and reliable data to enable the chief and the director of the office of surface mining to make adequate comparisons with other coal mining and reclamation operations employing similar experimental practices; and

(ii) Include requirements designed to identify, as soon as possible, potential risks to the environment and public health and safety from the use of the experimental practice.

(4) Each application shall set forth the environmental protection performance standards of division 1501:13 of the Administrative Code which will be implemented in the event the objective of the experimental practice is a failure.

(5) All experimental practices for which variances are sought shall be specifically identified through newspaper advertisements by the applicant and the written notifications by the chief required in sections 1513.07 and 1513.071 of the Revised Code.

(6) No permit authorizing an experimental practice shall be issued, unless the chief first finds, in writing, upon the basis of both a complete application filed in accordance with the requirements of paragraph (B) of this rule and the concurrence of the director of the office of surface mining that:

(a) The experimental practice meets all of the requirements of paragraph (B)(3) of this rule;

(b) The experimental practice has been specifically approved, in writing, by the director of the office of surface mining based on the director's findings that all of the requirements of paragraph (B)(3) of this rule will be met;

(c) The experimental practice is based on a clearly defined set of objectives which can reasonably be expected to be achieved; and

(d) The permit contains conditions which specifically:

(i) Limit the experimental practice authorized to that granted by the chief and the director of the office of surface mining;

(ii) Impose enforceable alternative environmental protection requirements; and

(iii) Require the person to conduct the periodic monitoring, recording and reporting program set forth in the application, with such additional requirements as the chief or the director of the office of surface mining may require.

(7) Each permit which authorizes the use of an experimental practice shall be reviewed in its entirety by the chief at a frequency set forth in the approved permit but no less frequently than every two and one-half years. After review, the chief may require such reasonable revision or modification of the permit provisions necessary to ensure that the operations involved are conducted to protect fully the environment and public health and safety. Copies of the decision of the chief shall be provided to the permittee and be subject to review as provided by section 1513.13 of the Revised Code.

(C) Mountaintop removal mining.

(1) Any person who conducts or intends to conduct surface mining operations by mountaintop removal mining shall apply for a variance from approximate original contour restoration requirements in accordance with the requirements of paragraph (C) of this rule.

(2) The chief may issue a permit for mountaintop removal mining, including a variance from the requirements of rule 1501:13-9-14 of the Administrative Code regarding approximate original contour, if he or she first finds, in writing, on the basis of a complete application, that the following requirements are met:

(a) The proposed postmining land use of the lands to be affected will be an industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use and if:

(i) After consultation with the appropriate land use planning agencies, if any, the proposed land use is deemed by the chief to constitute an equal or better economic or public use of the affected land compared with the premining use;

(ii) The applicant demonstrates compliance with the requirements for acceptable alternative postmining land uses of rule 1501:13-9-17 of the Administrative Code;

(iii) The proposed use would be compatible with adjacent land uses and existing state and local land use plans and programs; and

(iv) The chief has provided, in writing, an opportunity of not more than sixty days to review and comment on such proposed use to the local government in whose jurisdiction the land is located and any state or federal agency which the chief, in his or her discretion, determines to have an interest in the proposed use;

(b) The applicant has demonstrated that, in place of restoration of the land to be affected to the approximate original contour under rule 1501:13-9-14 of the Administrative Code, the operation will be conducted in compliance with the requirements of rule 1501:13-13-04 of the Administrative Code;

(c) The requirements of rule 1501:13-13-04 of the Administrative Code are made a specific condition of the permit;

(d) All other requirements of Chapter 1513. of the Revised Code and these rules are met by the proposed operations; and

(e) The permit is clearly identified as being for mountaintop removal mining.

(3) Review of special permits.

(a) Any permits incorporating a variance issued under paragraph (C) of this rule shall be reviewed by the chief to evaluate the progress and development of the mining operations to establish that the operator is proceeding in accordance with the terms of the variance:

(i) Within the sixth month preceding the third year from the date of its issuance;

(ii) Before each permit renewal; and

(iii) Not later than the middle of each permit term.

(b) Any review required under paragraph (C)(3) of this rule need not be held if the permittee has demonstrated and the chief finds, in writing, within three months before the scheduled review, that all operations under the permit are proceeding and will continue to be conducted in accordance with the terms of the permit and requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(c) The chief may modify the terms and conditions of a permit for mountaintop removal mining at any time if he or she determines that more stringent measures are necessary to ensure that the operation involved is conducted in compliance with the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(D) Steep slope mining.

(1) Any person who conducts or intends to conduct steep slope coal mining and reclamation operations shall comply with the requirements of paragraph (D) of this rule except in any of the following situations:

(a) An operator proposes to conduct coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain or predominantly flat area, but on which an occasional steep slope is encountered as the mining operation proceeds;

(b) A person obtains a permit under the provisions of paragraph (C) of this rule; or

(c) To the extent that a person obtains a permit incorporating a variance under paragraph (E) of this rule.

(2) Any application for a permit for coal mining and reclamation operations covered by paragraph (D) of this rule shall contain sufficient information to establish that the operations will be conducted in accordance with the requirements of rule 1501:13-13-05 of the Administrative Code.

(3) No permit shall be issued for any operations covered by paragraph (D) of this rule unless the chief finds, in writing, that in addition to meeting all other requirements of this rule, the operation will be conducted in accordance with the substantive requirements of rule 1501:13-13-05 of the Administrative Code.

(E) Permits incorporating variances from approximate original contour restoration requirements. The chief may, under paragraph (E) of this rule, issue a permit for non-mountaintop removal, steep slope, mining which includes a variance from the requirements of rules 1501:13-9-14 and 1501:13-13-05 of the Administrative Code regarding approximate original contour restoration requirements.

(1) The chief may issue a permit for coal mining incorporating a variance under paragraph (E) of this rule only if he or she first finds, in writing, on the basis of a complete application, that all of the following requirements are met:

(a) The applicant has demonstrated that the purpose of the variance is to make the lands to be affected within the permit area suitable for an industrial, commercial, residential, or public postmining land use (including recreational facilities);

(b) The proposed use, after consultation with the appropriate land use planning agencies, if any, constitutes an equal or better economic or public use;

(c) The applicant has demonstrated compliance with the requirements for acceptable alternative postmining land uses of rule 1501:13-9-17 of the Administrative Code;

(d) The applicant has demonstrated that the watershed of lands within the proposed permit area and adjacent areas will be improved by the operations. The watershed will only be deemed improved if:

(i) There will be a reduction in the amount of total suspended solids or other pollutants discharged to ground or surface waters from the permit area as compared to such discharges prior to mining, so as to improve public or private uses or the ecology of such waters, or there will be reduced flood hazards within the watershed containing the permit area by reduction of peak flow discharges from precipitation events or thaws;

(ii) The total volume of flows from the proposed permit area, during every season of the year, will not vary in a way that adversely affects the ecology of any surface water or any existing or planned use of surface or ground water; and

(iii) The appropriate Ohio environmental agency approves the plan;

(e) The proposed use is designed and certified by an engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site;

(f) The highwall is to be completely backfilled with spoil material, in a manner which results in a static safety factor of at least 1.3, using standard geotechnical analysis;

(g) Only the amount of spoil necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of Chapter 1513. of the Revised Code and rules adopted thereunder is to be placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with rule 1501:13-9-07 of the Administrative Code;

(h) Federal, state and local government agencies with an interest in the proposed land use have an adequate period in which to review and comment on the proposed use;

(i) The applicant has demonstrated that the owner of the surface of the lands within the permit area has knowingly requested, in writing, as part of the application, that a variance be granted. The request shall be made separately from any surface owner consent given for the operations under paragraph (D) of rule 1501:13-4-03 of the Administrative Code and shall show an understanding that the variance could not be granted without the surface owner's request; and

(j) All other requirements of Chapter 1513. of the Revised Code and rules adopted thereunder will be met by the proposed operations.

(2) If a variance is granted under paragraph (E) of this rule:

(a) The requirements of paragraph (E) of this rule shall be made a specific condition of the permit; and

(b) The permit shall be specifically marked as containing a variance from approximate original contour.

(3) Any permits incorporating a variance issued under paragraph (E) of this rule shall be reviewed by the chief to evaluate the progress and development of the mining operations and to establish that the operator is proceeding in accordance with the terms of the variance:

(a) Within the sixth month preceding the third year from the date of its issuance;

(b) Before each permit renewal; and

(c) Not later than the middle of each permit term.

(4) If the permittee demonstrates to the chief at any of the times specified in paragraph (E)(3) of this rule that the operations involved have been and continue to be conducted in compliance with the terms and conditions of the permit, the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code, the review required at that time need not be held.

(5) The terms and conditions of a permit incorporating a variance under paragraph (E) of this rule may be modified at any time by the chief if he or she determines that more stringent measures are necessary to ensure that the operations involved are conducted in compliance with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder.

(F) Prime farmlands.

(1) Paragraph (F) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations on prime farmlands used for cropland. It does not apply to lands included in any existing coal mining operations for which a permit was issued for all or any part thereof prior to August 3, 1977, provided that:

(a) Such lands are part of a single continuous coal mining operation begun under a permit issued before August 3, 1977;

(b) The permittee had a legal right to mine the lands prior to August 3, 1977, through ownership, contract, or lease but not including an option to buy, lease, or contract; and

(c) The lands contain part of a continuous recoverable coal seam that was being mined in a single continuous mining pit or multiple pits if the lands are proven to be part of a single continuous coal mining operation begun under a permit issued prior to August 3, 1977.

(d) For purposes of paragraph (F) of this rule:

(i) A pit shall be deemed to be a single continuous mining pit even if portions of the pit are crossed by a road, pipeline, railroad, or powerline or similar crossing; and

(ii) A single continuous coal mining operation is presumed to consist only of a single continuous mining pit under a permit issued prior to August 3, 1977, but may include non-contiguous parcels if the operator can prove by clear and convincing evidence that, prior to August 3, 1977, the non-contiguous parcels were part of a single permitted operation. For the purposes of this paragraph, clear and convincing evidence includes, but is not limited to, contracts, leases, deeds, or other properly executed legal documents (not including options) that specifically treat physically separate parcels as one coal mining operation.

(2) Application contents for prime farmland. If land within the proposed permit area is identified as prime farmland under paragraph (J) of rule 1501:13-4-04 or paragraph (J) of rule 1501:13-4-13 of the Administrative Code, the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, at a minimum:

(a) A soil survey of the permit area according to the standards of the national cooperative soil survey and in accordance with the procedures set forth in the United States department of agriculture handbooks 436 ("Soil Taxonomy," second edition, 1999) and 18 ("Soil Survey Manual," fourth edition, 2017);

(i) These publications are hereby incorporated by reference. Agriculture handbooks 436 ("Soil Taxonomy") and 18 ("Soil Survey Manual") are available under technical references on the natural resources conservation service website: https://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ref/?cid=stelprdb1247805. Copies of these documents are also available from "NRCS Distribution Center" at https://nrcspad.sc.egov.usda.gov/DistributionCenter/; e-mail nrcsdistributioncenter@ia.usda.gov; or call (888) 526-3227;

(ii) The soil survey shall include a description of soil mapping units and a representative soil profile description as determined by the U.S. natural resources conservation service, including, but not limited to, soil-horizon depths, pH, and the range of soil densities for each prime farmland soil unit within the permit area. Other representative soil profile descriptions from the locality, prepared in conjunction with the national cooperative survey, may be used if their use is approved by the state conservationist, U.S. natural resources conservation service;

(b) The proposed method and type of equipment to be used for removal, storage, and replacement of the soil in accordance with rule 1501:13-13-03 of the Administrative Code;

(c) The method to be employed in avoiding excessive compaction in the replacement of soil;

(d) The location of areas to be used for the separate stockpiling of the soil and plans for soil stabilization before redistribution;

(e) Plans for seeding or cropping the final graded disturbed land and the conservation practices to be used to adequately control erosion and sedimentation and to restore an adequate soil moisture regime, during the period from completion of regrading until release of the performance security as required by Chapter 1513. of the Revised Code and these rules. Proper adjustments for seasons must be proposed so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions;

(f) Available agricultural school studies or other scientific data for areas with comparable soils, climate, and management (including water management) that demonstrate that the proposed method of reclamation will achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before mining;

(g) A demonstration that the applicant has the technological capability to restore the prime farmland to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management; and

(h) In all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as non-mined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to paragraph (F)(2)(a) of this rule.

(3) Consultation with the United States secretary of agriculture. Before any permit is issued for areas that include prime farmlands, the chief shall consult with the United States secretary of agriculture. The United States secretary of agriculture shall provide for review of and comment on the proposed method of soil reconstruction in the plan submitted under paragraph (F)(2) of this rule. If the United States secretary of agriculture considers those methods to be inadequate, he or she shall suggest revisions resulting in more complete and adequate reconstruction. The United States secretary of agriculture has assigned his or her responsibilities under this rule to the administrator of the United States natural resources conservation service. The natural resources conservation service shall carry out consultation and review through the conservationist for the state of Ohio.

(4) Issuance of permit. A permit for the mining and reclamation of prime farmland may be granted by the chief, if he or she first finds, in writing, upon the basis of a complete application, that:

(a) The approved proposed post-mining land use of these prime farmlands will be cropland;

(b) The permit incorporates as specific conditions the contents of the plan submitted under paragraph (F)(2) of this rule, after consideration of any revisions to that plan suggested by the secretary of agriculture under paragraph (F)(3) of this rule;

(c) The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management;

(d) The proposed operations will be conducted in compliance with all of the requirements of rule 1501:13-13-03 of the Administrative Code and other environmental performance and reclamation standards for mining and reclamation of prime farmland; and

(e) The aggregate total prime farmland acreage will not be decreased from that which existed prior to mining. Permanent water bodies, if any, to be constructed during mining and reclamation operations will be located within the post-reclamation non-prime farmland portions of the permit area.

If the prime farmland acreage is to be restored in a location other than the premining location, the relocation must be approved by the chief and the permittee must obtain the consent of all affected surface owners.

(G) Variances for delay in contemporaneous reclamation requirement in combined surface and underground mining operations.

(1) Scope. Any person who conducts or intends to conduct combined surface mining and underground coal mining operations, where contemporaneous reclamation as required by rule 1501:13-9-13 of the Administrative Code is not practicable and a delay is requested to allow underground mining operations to be conducted before the reclamation operation for the surface mining operations can be completed, shall meet the requirements of paragraph (G) of this rule.

(2) The chief may allow the delay in reclaiming where the delay will allow underground mining operations to be conducted to ensure both maximum practical recovery of coal resources and to avoid multiple future disturbances of surface lands or waters.

(3) Application contents for variances. Any person who desires to obtain a variance under paragraph (G) of this rule shall file with the chief complete applications for both the surface mining and underground mining operations which are to be combined. The mining and reclamation operation plans for these permits shall contain appropriate narratives, maps and plans, which:

(a) Show why the proposed underground mining operations are necessary or desirable to assure maximum practical recovery of coal;

(b) Show how the multiple future disturbances of surface lands or waters will be avoided;

(c) Identify the specific surface areas for which a variance is sought and the particular provisions of Chapter 1513. of the Revised Code and these rules from which a variance is being sought;

(d) Show how the operations will comply with rule 1501:13-9-08 of the Administrative Code;

(e) Show why the variance sought is necessary for the implementation of the proposed underground mining operations;

(f) Provide an assessment of the adverse environmental consequences and damages, if any, that will result if the reclamation of coal mining operations is delayed; and

(g) Show how off-site storage of spoil will be conducted to comply with the applicable requirements of rule 1501:13-9-07 of the Administrative Code.

(4) Issuance of permit. A permit incorporating a variance under paragraph (G) of this rule may be issued by the chief if he or she first finds, in writing, upon the basis of a complete application filed in accordance with paragraph (G) of this rule, that:

(a) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations;

(b) The proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple future disturbances of surface land or waters;

(c) The applicant has satisfactorily demonstrated that the applications for the surface mining and underground mining operations conform to the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code, and that all other permits necessary for the underground mining operations have been issued by the appropriate authority;

(d) The surface area of the surface mining operations proposed for the variance has been shown by the applicant to be necessary for implementing the proposed underground mining operations;

(e) No substantial adverse environmental damage, either off-site or on-site, will result from the delay in completion of reclamation otherwise required by division (A)(15) of section 1513.16 of the Revised Code and Chapters 1501:13-9 to 1501:13-11 of the Administrative Code;

(f) The operations will, insofar as a variance is authorized, be conducted in compliance with the requirements of Chapter 1513. of the Revised Code and rule 1501:13-9-08 of the Administrative Code;

(g) Provisions for the placement of excess spoil will comply with the requirements of division (A)(21) of section 1513.16 of the Revised Code and rule 1501:13-9-07 of the Administrative Code;

(h) Liability under the performance security required to be filed by the applicant with the chief pursuant to Chapter 1513. of the Revised Code and these rules shall be for the duration of the underground mining operations and until all requirements of Chapter 1513. of the Revised Code and rules adopted thereunder have been complied with; and

(i) The permit for the surface mining operations contains specific conditions:

(i) Delineating the particular surface areas for which a variance is authorized; and

(ii) Providing a detailed schedule for compliance with the particular requirements of this rule.

(5) Review of permits containing variances. Variances granted under permits issued under paragraph (G) of this rule shall be reviewed by the chief no later than three years from the dates of issuance of the permit and any permit renewals.

(H) Augering.

(1) Paragraph (H) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations utilizing augering operations.

(2) Any application for a permit for operations covered by paragraph (H) of this rule shall contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with the provisions of rule 1501:13-13-02 of the Administrative Code.

(3) No permit shall be issued for any operations covered by paragraph (H) of this rule unless the chief finds, in writing, that in addition to meeting all other applicable requirements of this rule, the operation will be conducted in compliance with rule 1501:13-13-02 of the Administrative Code.

(I) Coal preparation plants or support facilities not located within the permit area of a specified mine.

(1) Paragraph (I) of this rule applies to any person who operates or intends to operate a coal preparation plan or support facility outside the permit area of any mine, other than such plants or facilities which are located at the site of ultimate coal use. Any person who operates such a preparation plant or support facility shall have obtained a permit from the chief in accordance with the requirements of paragraph (I) of this rule.

(2) Any application for a permit for operations covered by paragraph (I) of this rule shall contain in the mining and reclamation plan, specific plans, including descriptions, maps and cross sections of the construction, operation, maintenance and removal of the preparation plants and support facilities. The plan shall demonstrate that those operations will be conducted in compliance with rule 1501:13-13-06 of the Administrative Code. Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in sufficient detail for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(3) No permit shall be issued for any operation covered by paragraph (I) of this rule, unless the chief finds, in writing, that, in addition to meeting all other applicable requirements of Chapter 1501:13-4 of the Administrative Code, the operations will be conducted in compliance with the requirements of rule 1501:13-13-06 of the Administrative Code.

(J) In situ processing activities.

(1) Paragraph (J) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations utilizing in situ processing activities.

(2) Any application for a permit for operations covered by paragraph (J) of this rule shall be made according to all requirements of these rules applicable to underground mining operations. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing that those operations will be conducted in compliance with the applicable requirements of rule 1501:13-13-07 of the Administrative Code, including:

(a) Delineation of proposed holes and wells and production zone for approval of the chief;

(b) Specifications of drill holes and casings proposed to be used;

(c) A plan for treatment, confinement or disposal of all acid-forming, toxic-forming or radioactive gases, solids or liquids constituting a fire, health, safety, or environmental hazard caused by the mining and recovery process; and

(d) Plans for monitoring surface and ground water and air quality, as required by the chief.

(3) No permit shall be issued for operations covered by paragraph (J) of this rule unless the chief first finds, in writing, upon the basis of a complete application made in accordance with paragraph (I)(2) of this rule, that the operation will be conducted in compliance with all requirements of Chapter 1501:13-4 of the Administrative Code relating to underground mining operations and the requirements of Chapters 1501:13-9 to 1501:13-12 and rule 1501:13-13-07 of the Administrative Code.

(K) Permits incorporating variances from approximate original contour restoration requirements for remining operations on previously mined areas. The chief may issue a permit for remining operations on previously mined lands which includes a variance from the requirements of rule 1501:13-9-14 of the Administrative Code requiring elimination of highwalls, provided requirements of paragraph (K) of this rule are met.

(1) The operator of the remining operation shall demonstrate in writing to the chief that the volume of all reasonably available spoil is insufficient to completely backfill the reaffected or enlarged highwall.

(2) If the operator makes the proper demonstration to the chief under paragraph (K)(1) of this rule and the chief issues a permit with a variance for previously mined areas, the remining operation shall be conducted in accordance with the requirements of paragraph (L)(3) of rule 1501:13-9-14 of the Administrative Code.

(L) Lands eligible for remining. Paragraph (L) of this rule applies to any person who proposes to conduct coal mining and reclamation operations on areas eligible for remining. The requirements of this paragraph shall apply until September 30, 2004, or any later date authorized by federal law. The application for a permit containing areas proposed to be remined must include the following:

(1) A description of the proposed lands eligible for remining and a demonstration, to the satisfaction of the chief, how such lands meet the eligibility requirements specified by section 1513.37 of the Revised Code.

(2) Identification, to the extent not otherwise addressed in the permit application, of any potential environmental and safety problems related to the prior mining activity at the site which could be reasonably anticipated to occur. This identification shall be based on a due diligence investigation which shall include visual observations at the site, a record review of past mining at the site, and environmental sampling tailored to current site conditions.

(3) A description, with regard to potential environmental and safety problems identified in paragraph (L)(2) of this rule, of the mitigative measures that will be taken to ensure that the applicable reclamation requirements of Chapter 1513. of the Revised Code and rules adopted thereunder can be met.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-02

(A) Performance security amount for permits for which the applicant or permittee provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code.

(1) The amount of the performance security shall be two thousand five hundred dollars per acre of land on which the permittee will conduct a coal mining and reclamation operation under the initial term of the permit as indicated in the application.

(2) A permittee's responsibility for repairing material damage and replacement of water supplies resulting from subsidence may be satisfied by liability insurance required under Chapter 1513. of the Revised Code if the liability insurance policy contains terms and conditions that specifically provide coverage for repairing material damage and replacement of water supplies resulting from subsidence.

(B) Performance security amount for permits for which the applicant or permittee provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code.

(1) The amount of performance security shall be equal to the estimated cost of reclamation, as determined by the chief under paragraph (B) of rule 1501:13-7-01 of the Administrative Code, for:

(a) The land on which the permittee will conduct a coal mining and reclamation operation under the initial term of the permit; or

(b) The incremental mining units that will be affected in the first permit year, if the permittee or applicant elects to provide performance security separately for each incremental mining unit in accordance with paragraph (A)(6)(b) of rule 1501:13-7-01 of the Administrative Code.

(2) A permittee's responsibility for repairing material damage and replacement of water supplies resulting from subsidence shall be satisfied by either of the following:

(a) The purchase prior to mining of a noncancelable premium-prepaid liability insurance policy in lieu of the permittee's performance security for subsidence damage. The insurance policy shall contain terms and conditions that specifically provide coverage for repairing material damage and replacement of water supplies resulting from subsidence; or

(b) The provision of additional performance security in the amount of the estimated cost to the division of mineral resources management to repair material damage resulting from subsidence, if the permittee will be repairing material damage, or to replace the water supplies resulting from subsidence, if the permittee will be replacing the water supplies, until the repair or replacement is completed.

(i) If repair or replacement is completed, or compensation for structures that have been damaged by subsidence is provided, by the permittee within ninety days of the occurrence of the subsidence, additional performance security is not required.

(ii) The chief may extend the ninety-day period for a period not to exceed one year if the chief determines that the permittee has demonstrated in writing that subsidence is not complete and that probable subsidence-related damage to lands or protected structures likely will continue to occur or that reasonably anticipated changes affecting the water supplies likely will occur and, as a result, the completion of repairs of subsidence-related material damage to lands or protected structures or the replacement of water supplies within ninety days of the occurrence of the subsidence would be unreasonable.

(C) Minimum amount. The amount of the performance security for coal mining and reclamation operations shall be ten thousand dollars at a minimum for the entire area under one permit and the minimum amount shall be maintained on deposit until such time as the permittee is released from all liability in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code.

(D) Period of liability

(1) Liability under a performance security or securities applicable to a permit shall continue until all reclamation and restoration work under the requirements of Chapter 1513. of the Revised Code, these rules, and the provisions of the mining and reclamation plan has been completed, the period of extended responsibility for revegetation has expired in accordance with rule 1501:13-9-15 of the Administrative Code, and the permittee is released from liability in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code.

(2) The performance security liability of the permittee shall include only those actions which the permittee is obligated to take under the permit, Chapter 1513. of the Revised Code and these rules, including completion of the reclamation plan, so that the land will be capable of supporting the postmining land use approved in the permit under rule 1501:13-9-17 of the Administrative Code.

(3) Implementation of an alternative postmining land use approved under paragraph (D) of rule 1501:13-9-17 of the Administrative Code which is beyond the control of the permittee, need not be covered by the performance security.

(E) Adjustment of amount.

(1) The chief shall adjust the amount of the estimated cost of reclamation determined under paragraph (B) of rule 1501:13-7-01 of the Administrative Code if the land that is affected by mining increases or decreases or if the cost of reclamation increases or decreases.

(2) For permits for which the permittee provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code, the chief shall adjust the amount of a permittee's performance security provided in accordance with this rule if the land that is affected by mining increases or if the cost of reclamation increases and shall allow the permittee the option of reducing the amount of performance security provided in accordance with this rule if the land that is affected by mining decreases or if the cost of reclamation decreases.

(3) The chief may review at any time during the term of the permit the estimated cost of reclamation determined under paragraph (B) of rule 1501:13-7-01 of the Administrative Code and the amount of a permittee's performance security provided in accordance with this rule to determine whether an adjustment is needed, but at a minimum the chief shall review the estimated cost of reclamation and the amount of a permittee's performance security at the following times:

(a) When a permittee files an annual report and annual map with the chief in accordance with paragraphs (A) and (B) of rule 1501:13-4-07 of the Administrative Code, a letter to the chief in accordance with paragraph (C) of rule 1501:13-4-07 of the Administrative Code, or a final report to the chief in accordance with paragraph (D) of rule 1501:13-4-07 of the Administrative Code;

(b) When a permittee files an application for revision of a permit under rule 1501:13-4-06 of the Administrative Code which contains information that affects the estimated cost of reclamation;

(c) When a permittee files an application for renewal of a permit under rule 1501:13-4-06 of the Administrative Code;

(d) When a permittee files additional performance security in accordance with paragraphs (A)(6)(c) of rule 1501:13-7-01 of the Administrative Code;

(e) When a permittee's operation advances into any succeeding incremental area or incremental mining unit, or begins any new operational stage;

(f) When any event occurs on or results from a mining and reclamation operation, including subsidence, discharges, or contamination, diminution or interruption of a water supply, that affects the estimated cost of reclamation;

(g) When the chief issues a cessation order for failure to abate a violation for non-contemporaneous reclamation under paragraph (A)(3) of rule 1501:13-14-02 of the Administrative Code; and

(h) When the chief issues a show cause order to a permittee to show cause why the performance security should not be forfeited under rule 1501:13-7-06 of the Administrative Code.

(4) The chief shall notify, in writing, persons involved in performance security coverage of any performance security adjustments. For purposes of this rule a person involved in performance security coverage shall include the permittee, the surety, and any other person with a property interest in collateral posted under these rules who has in writing to the chief requested such notification at the time the collateral is posted or the interest is acquired, whichever occurs later.

(5) The permittee may request an informal conference with the chief concerning a performance security adjustment made under paragraph (E) of this rule, and the chief shall provide such an informal conference in accordance with rule 1501:13-14-05 of the Administrative Code.

(6)

(a) If the chief increases the amount of performance security under paragraph (E) of this rule, the permittee shall provide additional performance security in an amount determined by the chief.

(b) If the chief decreases the amount of performance security under paragraph (E) of this rule, the chief shall determine the amount of the reduction of the performance security and send written notice of the amount of reduction to the permittee. The permittee may reduce the amount of the performance security in the amount determined by the chief.

(7) A permittee may request a reduction in the amount of the performance security by submitting to the chief documentation proving that the permittee's method of operation or other circumstances have changed such that the amount of the performance security provided by the permittee exceeds the estimated cost of reclamation if the reclamation would have to be performed by the division of mineral resources management in the event of forfeiture of the performance security. The chief shall examine the documentation and determine whether the permittee's performance security exceeds the estimated cost of reclamation. If the chief determines that the performance security exceeds that estimated cost, the chief shall determine the amount of the reduction of the performance security and send written notice of the amount to the permittee. The permittee may reduce the amount of the performance security in the amount determined by the chief.

(8) An adjustment in the amount of performance security under paragraph (E) of this rule shall not be considered release of performance security and is not subject to division (F) of section 1513.16 of the Revised Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-06

(A) Performance security forfeiture criteria. The chief shall forfeit performance security under the procedures contained in paragraph (C) of this rule whenever any of the following criteria applies:

(1) The permittee failed to comply with a notice of violation issued for failure to complete any phase of reclamation within the time required by the mining and reclamation plan and any time extensions given for good cause; or

(2) The coal mining and reclamation operations on the area under performance security are abandoned; or

(3) The permittee lacks the ability to continue to operate in compliance with the requirements of Chapter 1513. of the Revised Code, these rules, or the permit; or

(4) The permittee defaults on the conditions under which the performance security was accepted.

(B) Opportunity to show cause why performance security should not be forfeited.

(1) Before performance security is forfeited under the criteria of paragraph (A)(2) or (A)(3) of this rule, because of abandonment of the coal mining and reclamation operation or inability of the permittee to comply, the chief shall order the permittee to show cause why the operation should not be deemed abandoned or why the permittee has the ability to comply with the requirements of Chapter 1513. of the Revised Code.

(2) The show cause order shall:

(a) Identify the coal mining and reclamation operations covered by the performance security to be forfeited;

(b) Give notice of the time, date, place, and purpose of the show cause hearing at which the permittee may show cause why the operation should not be deemed abandoned or why the permittee has the ability to comply with the requirements of Chapter 1513. of the Revised Code; and

(c) Be issued at least twenty-one days before the show cause hearing is held.

(3) If the chief determines that the show cause order sent by certified mail or other method able to track receipt of delivery is not received by the permittee within seven days after the order is mailed, the chief shall, as soon as possible, publish notice of the date, time, place, and purpose of the show cause hearing in a newspaper of general circulation in the locality of the operation.

(C) Forfeiture procedures. When performance security is to be forfeited, the chief shall issue a performance security forfeiture order to the permittee.

(1) The chief shall identify in the performance security forfeiture order the entire permit area or, when applicable, the incremental area or the incremental mining unit, for which performance security is to be forfeited. The order shall forfeit all remaining performance security on deposit for the permit.

(2) The performance security forfeiture order may include the terms of a reclamation agreement with the chief which, if complied with, shall result in avoidance of the forfeiture. The terms of the agreement shall include performance of reclamation operations and abatement of all unabated violations in accordance with a compliance schedule which meets the conditions of the permit, the reclamation plan, Chapter 1513. of the Revised Code and these rules, and a timetable specified by the chief.

(a) If the permittee fails to enter into a reclamation agreement within twenty days of the issuance of a performance security forfeiture order containing such agreement, the chief shall immediately forfeit the performance security and notify the permittee's surety, if applicable, of the permittee's failure to comply.

(b) If the permittee demonstrates to the chief's satisfaction within twenty days of the issuance of a performance security forfeiture order that the permittee has the ability to meet the terms and conditions of the reclamation agreement contained in the performance security forfeiture order, the chief shall monitor compliance with the terms and conditions of the reclamation agreement.

(i) Upon the permittee's satisfactory performance under the terms and conditions of the reclamation agreement, the chief shall rescind the performance security forfeiture order.

(ii) Upon the permittee's failure to comply with any of the terms or conditions of the reclamation agreement, the chief shall immediately forfeit the performance security and notify the permittee's surety, if applicable, of the permittee's failure to comply.

(c) The surety's time to elect to reclaim under paragraph (E) of this rule shall not begin to run until the permittee has failed to enter into an agreement under paragraph (C)(2) of this rule or has failed to comply with the terms of such agreement, and the surety has been notified of such failure.

(3) The performance security forfeiture order shall be sent by certified mail, return receipt requested, or other method able to track receipt of delivery and shall inform the permittee and surety of the reasons for the forfeiture.

(4) In the event that the permittee does not enter into a reclamation agreement or fails to comply with the terms of a reclamation agreement under paragraph (C)(2) of this rule, when the performance security filed with the division of mineral resources management is supported by or in the form of:

(a) Cash, certificates of deposit or negotiable government bonds, then the order shall declare the cash, certificates of deposit, or negotiable government bonds property of the state;

(b) A letter of credit, then the order shall inform the permittee that the state will immediately draw on the letter of credit; or

(c) A trust fund, then the order shall inform the permittee that the state will proceed as set forth in the terms of the trust agreement.

(5) If the performance security filed with the division of mineral resources management is in the form of a surety bond, the chief shall also issue a performance security forfeiture order to all sureties involved, and, in addition to the requirements of paragraphs (C)(1) and (C)(3) of this rule, the order shall inform each surety of its rights and the extent of its obligations and liabilities for the entire permit area or, when applicable, for the incremental area or the incremental mining unit.

(D) Issuance of a performance security forfeiture order does not relieve a permittee from the responsibility for complying, and does not prevent the permittee from being subject to civil penalties for not complying with any order or notice of violation issued for conditions existing on the entire permit area or, when applicable, on the incremental area or the incremental mining unit.

(E) Reclamation by the surety.

(1) Within sixty days after it receives a performance security forfeiture order, or within sixty days of notification of the permittee's failure to elect to enter into a reclamation agreement under paragraph (C)(2) of this rule or the permittee's failure to comply with the terms of a reclamation agreement under paragraph (C)(2) of this rule, each surety:

(a) Shall notify the chief that it will not complete reclamation and shall make payment under the surety bond for the full amount of its liability under the surety bond; or

(b) Shall notify the chief that it will complete reclamation and shall submit to the chief a plan, including a timetable for performing reclamation in accordance with the reclamation plan and the requirements of Chapter 1513. of the Revised Code and these rules.

(2) The chief may allow the surety to complete reclamation if the surety can demonstrate an ability to complete reclamation in accordance with Chapter 1513. of the Revised Code, these rules and the reclamation plan.

(3) A surety completing a reclamation phase on the entire permit area or, when applicable, on the incremental area or incremental mining unit, may obtain a release of its performance security obligation in the same manner as a permittee or operator pursuant to division (F) of section 1513.16 of the Revised Code.

(4) The rights of a surety to perform reclamation shall be terminated if the surety fails to:

(a) Notify the chief within sixty days after receipt of the performance security forfeiture order, or within sixty days of notification of the permittee's failure to elect to enter into a reclamation agreement under paragraph (C)(2) of this rule or the permittee's failure to comply with the terms of a reclamation agreement under paragraph (C)(2) of this rule, that it will or will not perform reclamation.

(b) Submit a reclamation timetable at the same time it notifies the chief that it will perform reclamation; or

(c) Commence, continue, or complete reclamation in accordance with the reclamation timetable.

(5) When the chief determines that the rights of a surety shall be terminated, the chief shall issue an order terminating the rights of the surety and demanding payment from the surety for the entire amount of performance security filed with the chief by the surety for the entire permit area or, when applicable, for the incremental area or incremental mining unit.

(F) Reclamation by the chief.

(1) After receiving the moneys collected under paragraph (C) or (E) of this rule, the chief shall proceed to reclaim the entire permit area or, when applicable, the incremental area or the incremental mining unit, in accordance with:

(a) The requirements of section 1513.18 of the Revised Code if the permit that was forfeited was not a permanent program permit; or

(b) In accordance with Chapter 1513. of the Revised Code, these rules and the approved reclamation plan if the permit that was forfeited was a permanent program permit.

(2) Any revisions that the chief wishes to make to the approved reclamation plan of a permanent program permit on which the performance security has been forfeited shall be made in accordance with paragraph (E) of rule 1501:13-4-06 of the Administrative Code. As used in paragraph (F) of this rule, "permanent program permit" means any permit issued after August 16, 1982, and any permit issued between September 1, 1981 and August 16, 1982 that was subsequently revised to meet the criteria of the approved program.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-15

(A) Definitions.

(1) "Countable tree" means a tree or shrub that:

(a) Is in place for at least two years;

(b) Is alive and healthy;

(c) Has at least one-third of its length in live crown, with green foliage during its growing season, and is not diseased or insect-infested; and

(d) Has a root crown or root sprouts over one foot in height. Root crowns or root sprouts over one foot in height shall count as one towards meeting the stocking requirements. Where multiple stems occur, only the tallest stem will be counted.

(2) "Ground cover" means the area of ground covered by the aerial parts of perennial and biennial vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.

(3) "Herbaceous species" means grasses and non-woody legumes.

(4) "Woody plants" means woody shrubs, trees, and vines.

(B) General requirements. The permittee shall establish on regraded areas and on all other disturbed areas except water areas and the surface areas of roads that are approved as part of the postmining land use, and other small incidental areas where revegetation would conflict with the postmining land use and no environmental harm would result, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is:

(1) Diverse, effective, and permanent;

(2) Comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the chief;

(3) At least equal in extent of cover to the natural vegetation of the area; and

(4) Capable of stabilizing the soil surface from erosion.

(C) Use of native and introduced species.

(1) The reestablished plant species shall:

(a) Be compatible with the approved postmining land use;

(b) Have the same seasonal characteristics of growth as the original vegetation;

(c) Be capable of self-regeneration and plant succession;

(d) Be compatible with the plant and animal species of the area; and

(e) Meet the requirements of applicable state and federal seed, poisonous and noxious plant, and introduced species laws or regulations.

(2) The chief may grant exceptions to the requirements of paragraphs (C)(1)(b) and (C)(1)(c) of this rule when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.

(3) When the chief approves a cropland postmining land use, the chief may grant exception to the requirements of paragraphs (B)(1), (B)(3), (C)(1)(b) and (C)(1)(c) of this rule. The requirements of rule 1501:13-13-03 of the Administrative Code apply to areas identified as prime farmland.

(D) Time of revegetation. Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after replacement of the topsoil or topsoil substitute. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, any disturbed areas shall be seeded and planted as contemporaneously as practicable after the completion of backfilling, grading, and topsoiling with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.

(E) Mulching and other soil stabilizing practices.

(1) Suitable mulch and/or other stabilizing practices shall be used on all areas that have been regraded and resoiled in order to control erosion, promote germination of seeds, or increase the moisture-retention capacity of the soil. The chief may suspend the requirements for mulch if the permittee can demonstrate that:

(a) Seasonal, soil, or slope factors result in a condition for which mulch and other soil-stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetative cover; and

(b) Alternative procedures will achieve the revegetation success standards of this rule for the approved postmining land use and will not cause or contribute to air or water pollution.

(2) Annual grasses and grains may be used alone as natural mulch, or in conjunction with another mulch, when the chief determines that they will provide adequate soil erosion control and cover and will later be replaced by perennial species approved for the postmining land use.

(3) Chemical soil stabilizers alone, or in combination with appropriate mulches, may be used in conjunction with vegetative covers approved for the postmining land use.

(F) General requirements for measuring success of revegetation.

(1) Success standards will differ depending on the approved postmining use of an area. In all revegetation efforts, the general requirements of this rule shall be met and the success of revegetation shall be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of cover compared to the cover occurring in natural vegetation of the area, and the requirements of paragraphs (B) and (C) of this rule. Statistically valid sampling techniques for measuring success of ground cover, production, or stocking for final performance security release shall be specified in guidelines for evaluating revegetation success compiled by the chief. The statistical sampling techniques shall use a ninety per cent confidence interval (i.e., one-sided test with a 0.10 alpha error).

(2) Except as provided in paragraph (F)(2)(a) of this rule the period of extended responsibility for revegetation success under the performance security requirement shall continue for not less than five full years.

(a) On lands eligible for remining included in permits issued pursuant to the requirements of rule 1501:13-4-12 of the Administrative Code and renewals thereof, the period of extended responsibility for revegetation success under the performance security requirement shall continue for not less than two full years.

(3) Except as provided in paragraph (F)(3)(a) of this rule, the period of extended responsibility shall begin on the date of the last augmented seeding, fertilizing, planting or other work necessary to ensure successful vegetation. The date of this last seeding, fertilizing, planting or other work shall be the same date that is recorded in the planting report required in paragraph (P) of this rule.

(a) For row crops planted on areas to be used for agricultural cropland, including prime farmland, the period of extended responsibility for revegetation shall commence on the date on which the initial planting of the crop has been completed. Promptly thereafter, the chief shall inspect the area to verify that the initial planting has been completed.

(4) The following practices will not be considered augmentative when the practice and the rate of application is an accepted local practice for comparable unmined lands that can be expected to continue as a postmining practice:

(a) Seeding, applying soil amendments, and irrigating to maintain productivity, as recommended by or as specified in technical guidelines published by the Ohio state university cooperative extension service as normal practices on cropland, pasture land or grazing land;

(b) Limited repair of rills and gullies. The chief will classify instances of rill and gully erosion repair as either limited or extensive, based on the extent of repairs needed and the cause of the erosion. The chief will consider extensive repairs to be augmentative;

(c) Reseeding and adding soil amendments when necessary to repair damage to land and/or established permanent vegetation that is unavoidably disturbed in order to meet the reclamation standards of this chapter, provided that:

(i) The damage is not caused by a lack of planning, design, or implementation of the mining and reclamation plan, inappropriate reclamation practices on the part of the permittee, or the lack of established permanent vegetation; and

(ii) The total acreage of repaired areas under paragraphs (F)(4)(b) and (F) (4)(c) of this rule does not exceed ten per cent of the total land affected, with no individual area exceeding three acres;

(d) Replanting of trees as a reinforcement measure on areas for which the approved planting plan requires woody vegetation; and

(e) Reseeding of legumes within three years after the initial planting where the legumes are expected to be present at the end of the period of extended responsibility.

(5) Reseeding of areas that have been unavoidably disturbed in the course of gaining access for removal of structures that are part of the sediment control system or initial seeding of areas upon which the sediment control system was located and subsequently removed will not restart the period of extended responsibility for revegetation success.

(6) For the purposes of paragraphs (F)(4)(c) and (F)(5) of this rule, permanent vegetation that is established or reestablished on these areas must have been seeded a minimum of twelve months prior to the request for phase III performance security release unless the chief determines the extent of the area of repair was limited in size and the permittee remains in compliance with paragraph (G)(3)(b) of this rule.

(G) Revegetation success standards for pasture or grazing land.

(1) Species diversity, seasonal variety and regenerative capacity of the vegetation of the revegetated area shall be evaluated on the basis of the results which could reasonably be expected using the revegetation methods described in the reclamation plan.

(2) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, are established and the area has sufficient ground cover to control erosion. As used in this paragraph, "established" means that individual plants have matured to the point that they are deriving their nourishment from the soil instead of from stored food in the seed. Development of secondary leaves is considered an indication that a plant is established.

(3) Revegetation shall be determined to be successful for a phase III performance security release when:

(a) The period of extended responsibility has expired and the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, equal or exceed the county average yield for hay for any two years of the period of extended responsibility except the first year; and

(b) For the last year of the period of extended responsibility and one additional year, except the first year, the ground cover shall equal or exceed ninety per cent and no single area with less than thirty per cent cover shall exceed the lesser of three thousand square feet or 0.3 per cent of the land affected.

(H) Revegetation success standards for areas to be used for agricultural cropland, other than prime farmland.

(1) Revegetation shall be determined to be successful for a reclamation phase approval or a phase II performance security release for row and hay crops when the species planted in accordance with the approved reclamation plan meet, at a minimum, the ground-cover standards of paragraph (G)(2) of this rule.

(2) Revegetation shall be determined to be successful for a phase III performance security release for row and hay crops when:

(a) The period of extended responsibility has expired and the yield data of crop harvest on the mined area for any two years of the period of extended responsibility, except the first year, equals or exceeds the average county yield for comparable crops and hay crops; and

(b) The vegetation meets, at a minimum, the ground cover standards of paragraph (G)(3)(b) of this rule during the last year of the period of extended responsibility.

(I) Revegetation success standards for prime farmland.

(1) The success in revegetation shall be determined on the basis of an average crop production from the reclaimed prime farmland areas compared to the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.

(2) The measurement of soil productivity shall be initiated within ten years after completion of soil replacement.

(3) The level of management applied during the measurement period shall be the same as the level of management used on nonmined prime farmland in the surrounding area.

(4) The reference crop on which restoration of soil productivity is proven shall be selected from the crops most commonly produced on the surrounding prime farmland. Where row crops are the dominant crops grown on the prime farmland in the area, the row crop requiring the greatest rooting depth shall be chosen as one of the reference crops.

(5) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release for row and hay crops when the yield data from three years of crop harvest on the mined area equals or exceeds the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.

(6) Revegetation shall be determined to be successful for a phase III performance security release for row and hay crops when the period of extended responsibility has expired and the yield data from at least three years of crop harvest on the mined area equals or exceeds the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. The same yield data that was submitted for the phase II approval or the phase II release may be submitted for the phase III release.

(7) The average crop yield for prime farmland may be adjusted, if approved by the chief with the concurrence of the U.S. natural resources conservation service, for:

(a) Disease, pest, and weather-induced seasonal variations; or

(b) Differences in specific management practices when the overall management practices of the crops being compared are equivalent.

(J) Revegetation success standards for areas for which the postmining land use is industrial, residential, or commercial use, other than commercial forest land.

(1) For areas to be developed for the intended postmining land use within two years after regrading is completed:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the species planted in accordance with the approved mining and reclamation plan provide sufficient ground cover to control erosion; and

(b) Revegetation shall be determined to be successful for a phase III performance security release in the last year of the period of extended responsibility for revegetation success when substantial construction has begun, the area not disturbed by construction activity has sufficient ground cover to control erosion and the period of extended responsibility has expired.

(2) For areas to be developed for the intended postmining land use two or more years after regrading is completed, revegetation shall meet the ground cover success standards contained in paragraph (G)(2) of this rule for reclamation phase II approval or phase II performance security release and paragraph (G)(3)(b) of this rule for phase III performance security release, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release.

(K) General requirements for woody vegetation.

(1) For areas for which the approved postmining land use requires woody plants as the primary vegetation, success of revegetation shall be determined on the basis of tree, shrub, or half-shrub stocking and ground cover to ensure that commercial tree species, non-commercial tree species, or shrubs, sufficient for adequate use of available growing space, are established after coal mining.

(2) Quality stock and proven field techniques in the science of woody revegetation on mined areas shall be employed.

(3) The chief shall determine the appropriate stocking level of trees and shrubs, the appropriate species of trees and shrubs, the appropriate herbaceous species and mixtures of herbaceous species, and the appropriate planting arrangement after consultation with and approval by the division of forestry for areas where the approved postmining land use is forest, or consultation with and approval by the division of wildlife for areas where the approved postmining land use is fish and wildlife habitat or undeveloped land.

(4) The number of stems per unit area will be used to determine the degree to which space is occupied by properly distributed acceptable trees. Volunteer stems of acceptable tree species may also be counted.

(L) Revegetation success standards for forest land, fish and wildlife habitat, or other postmining land uses that require establishment of woody vegetation.

(1) For areas where the approved postmining land use is forest or fish and wildlife habitat, revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when:

(a) There are at least six hundred trees or shrubs per acre on each acre on which trees or shrubs are to be planted; and

(b) The herbaceous ground cover provides the greater of thirty per cent cover or sufficient cover to control erosion.

(2) Revegetation shall be determined to be successful for a phase III performance security release in the last year of the period of extended responsibility for revegetation success when the period of extended responsibility has expired, the herbaceous ground cover is at least seventy per cent, and:

(a) For areas where the approved postmining land use is forest, the area has a minimum of four hundred fifty countable trees per acre, of which a minimum of seventy-five per cent are commercial tree species, and of which eighty per cent have been in place for at least three years, on each acre on which trees or shrubs are to be planted; or

(b) For areas where the approved postmining land use is fish and wildlife habitat, the area has a minimum of two hundred fifty countable trees per acre, of which eighty per cent have been in place for at least three years, on each acre on which trees or shrubs are to be planted.

(M) Revegetation success standards for undeveloped land.

(1) For areas for which the approved postmining land use is undeveloped land, success of revegetation shall be determined on the basis of ground cover and the proper planting of appropriate tree and shrub species specified in the approved planting plan. Such plans shall include tree or shrub plantings over ten to fifty per cent of the revegetated area. Planting locations shall include slopes steeper than twenty degrees and areas along drainways and permanent sources of water.

(2) In addition to meeting the general requirements for woody vegetation contained in paragraphs (K)(2) and (K)(3) of this rule, the selected tree and shrub species and herbaceous ground cover species shall have value as wildlife habitat, and the herbaceous ground cover species shall be compatible with the growth of acceptable species of trees and shrubs, as determined by the chief with consultation of the division of wildlife.

(3) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the herbaceous ground cover species are established and provide sufficient ground cover to control erosion.

(4) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired, and:

(a) Acceptable species of trees and shrubs have been properly planted and in accordance with the approved planting plan at a rate of six hundred trees or shrubs per acre on each acre on which trees or shrubs are to be planted;

(b) The herbaceous ground cover on areas not planted with trees or shrubs meets the ground cover standards of paragraph (G)(3)(b) of this rule, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release; and

(c) The herbaceous ground cover on areas on which trees or shrubs are planted is at least seventy per cent in the last year of the period of extended responsibility for revegetation success.

(N) Revegetation success standards for recreation areas.

(1) For areas where the approved postmining land use is developed recreation facilities, including but not limited to portions of parks, camps, and amusement areas where woody vegetation would be incompatible with the approved postmining land use, the area shall meet the ground cover standards of paragraph (G)(2) of this rule for reclamation phase II approval or phase II performance security release and paragraph (G)(3)(b) of this rule for phase III performance security release, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release.

(2) For areas where the approved postmining land use is recreation area with less intensive uses, such as hiking or canoeing, the area shall meet the general requirements for woody vegetation in accordance with paragraph (K) of this rule, and the revegetation success standards of paragraph (L)(1) of this rule for reclamation phase II approval or phase II performance security release and paragraph (L)(2) of this rule in the last year of the period of extended responsibility for revegetation success for phase III performance security release.

(O) Revegetation success standards on lands eligible for remining.

(1) For pasture and grazing land:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the standards of paragraph (G)(2) of this rule are met; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired and the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, have provided, during the last year of the period of extended responsibility, ground cover equal to or exceeding seventy percent cover and adequate to control erosion, with no single area with less than thirty percent cover exceeding the lesser of three thousand square feet or 0.3 per cent of the land affected.

(2) For cropland, other than prime farmland:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the standards of paragraph (G)(2) of this rule are met; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when:

(i) The period of extended responsibility has expired and the yield data of crop harvest on the mined area for any year of the period of extended responsibility, except the first year, equals or exceeds the average county yield for comparable crops and hay crops; and

(ii) The vegetation meets, at a minimum, the ground cover standards of paragraph (O)(1)(b) of this rule during the last year of the period of extended responsibility.

(3) For industrial, residential, or commercial land use, other than commercial forest land:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when vegetation meets the ground cover success standards of paragraph (G)(2) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when vegetation meets the standards of paragraph (O)(1)(b) of this rule.

(4) For forest land, fish and wildlife habitat, or other land use which requires the establishment of woody vegetation:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when vegetation meets the success standards of paragraph (L)(1) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when vegetation meets the standards of paragraph (L)(2) of this rule, except that of the minimum countable trees per acre, eighty per cent have been in place for at least two years, on each acre on which trees or shrubs are to be planted.

(5) For undeveloped land:

(a) Success of revegetation shall be determined as provided in paragraphs (M)(1), (M)(2) and (M)(3) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired and the vegetation meets the requirements of paragraph (M)(4) of this rule except that the herbaceous ground cover on areas not planted with trees or shrubs must meet the standards of paragraph (O)(1)(b) of this rule.

(6) For recreation areas:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release, for areas where herbaceous vegetation comprises the ground cover, when the standard of paragraph (G)(2) of this rule are met;

(b) Revegetation shall be determined to be successful for a phase III performance security release, for the areas listed in paragraph (O)(6)(a) of this rule, when the standards of paragraph (O)(1)(b) of this rule are met;

(c) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release, for areas which require the planting of woody vegetation as described in paragraph (N)(2) of this rule, when the standards of paragraph (L)(1) of this rule are met; and

(d) Revegetation shall be determined to be successful for a phase III performance security release for areas listed in paragraph (O)(6)(c) of this rule, when the standards of paragraph (L)(2) of this rule are met.

(P) Planting report. Upon completion of planting, the permittee shall file planting reports with the chief, on a form prescribed and furnished by the chief, providing the following information:

(1) Permit number;

(2) The type of planting or seeding, including mixtures and amounts;

(3) The date of planting, seeding, or reseeding;

(4) The area of land planted; and

(5) Such other relevant information as the chief may require.

Last updated February 27, 2023 at 9:59 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-17

(A) All affected areas shall be reclaimed in a timely manner:

(1) To conditions that are capable of supporting the uses which they were capable of supporting before any mining; or

(2) To higher or better uses achievable under criteria and procedures of paragraph (D) of this rule.

(B) The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land has not been previously mined and has been properly managed.

(1) The postmining land use for land that was mined pursuant to a license issued prior to April 10, 1972, shall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.

(2) The land may be returned to the undeveloped postmining land use category only if the land was categorized as undeveloped land prior to mining.

(C) "Land use" means specific uses or management-related activities, rather than the vegetation or cover of the land. Land use is categorized in the following categories. Changes of land use or uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the chief pursuant to paragraph (D) of this rule.

(1) The cropland category includes land in the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included for purposes of these land use categories.

(2) The pastureland category includes land occasionally cut for hay and land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.

(3) The grazingland category includes both grassland and forest land where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production. Land used for facilities in support of ranching operations which are adjacent to or an integral part of these operations is also included.

(4) The industrial category includes land used for extraction or transformation of materials for fabrication of products, wholesaling of products or for long-term storage of products. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining, and fabricated metal products manufacture. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include, but are not limited to, all rail, road, and other transportation facilities.

(5) The commercial category includes land used for retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage, or shipping facilities.

(6) The developed water resources category includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control, and water supply.

(7) The recreation category includes land used for public or private leisure-time use, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing and other undeveloped recreational uses.

(8) The residential category includes land used for single and multiple-family housing, mobile home parks, and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use.

(9) The forest category includes land used for the commercial or noncommercial production of wood, wood fiber, or wood derived products and land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations.

(10) The fish and wildlife habitat category includes land used wholly or partially for the production, protection or management of species of fish or wildlife.

(11) The undeveloped land use category includes land that is not currently being used or managed or, if previously used or managed, is land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.

(D) An alternative postmining land use may be approved by the chief of the division of reclamation, after consultation with the landowner or the land management agency having jurisdiction over state or federal lands, if the following criteria are met.

(1) The proposed land use is compatible with adjacent land use and, where applicable, with existing local, state, or federal land use policies and plans.

(2) The use will not be impractical or unreasonable.

(3) The plans show the feasibility of the postmining land use and include a schedule showing how the proposed use will be developed and achieved within a reasonable time.

(4) The plans include letters of commitment from other parties to provide for necessary public facilities that are required for the proposed use.

(5) The proposed use or uses will neither present actual or probable hazard to public health or safety, nor will they pose any actual or probable threat of water flow diminution or pollution.

(6) The use or uses will not involve unreasonable delays in reclamation.

(7) The use will not cause or contribute to violation of federal, state, or local law.

(8) The proposed postmining land use identifies measures to prevent or mitigate adverse effects on fish and wildlife, and threatened or endangered plants or animals or their critical habitats, and an opportunity to comment has been provided in accordance with paragraph (A)(3) of rule 1501:13-5-01 of the Administrative Code to appropriate state and federal fish and wildlife management agencies.

Last updated February 27, 2023 at 9:59 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-07

Within thirty days after each anniversary date of the issuance of a coal mining and reclamation permit, the permittee shall file the following with the chief:

(A) An annual report that shall:

(1) Be on a form prescribed and provided by the chief;

(2) Include the following estimates of acreages for the permit area and, as applicable, for the incremental area or for each incremental mining unit:

(a) The number of acres affected during the mining year for which the report is being filed;

(b) The number of acres to be reclaimed that were affected during the mining year for which the report is being filed;

(c) Cumulative total of acres affected during the permit period to include the acres affected during the mining year for which the report is being filed; and

(d) The number of acres to be affected during the next year of the mining operation;

(3) Provide the following location information for each of the acreage estimates required by paragraph (A)(2) of this rule:

(a) County;

(b) Township;

(c) Township - range designation; and

(d) Section number and/or lot number;

(4) Provide the following performance security information:

(a) The total amount of performance security on file for the permit;

(b) The number of acres reported as affected and the number of acres to be affected for which performance security has not been provided; and

(c) The incremental mining units reported as affected and the incremental mining units to be affected for which performance security has not been provided; and

(5) Include the number of tons of coal produced for the permit during the mining year for which the report is filed.

(B) An annual map that shall be prepared by or under the direction of a qualified registered professional surveyor and shall, in addition to other applicable map requirements show:

(1) The boundaries of each incremental mining unit affected during the permit year for which the annual report is filed;

(2) The incremental area for the permit year for which the annual report is filed and for all preceding permit years;

(3) The perimeter of the area affected during the permit year that is to be reclaimed during the next permit year;

(4) The perimeter of the total area affected during the permit to include that area affected during the mining year for which the annual report is filed; and

(5) In table form, all of the acreages required by paragraphs (A)(2), (A)(4) and (B) of this rule, and if applicable the number of acres affected beyond the permit limits.

(C) For coal mining operations that have not had any changes in the extent of their affected area, a letter to the chief certifying that the previously submitted information adequately reflects the current operations shall satisfy the reporting requirements of this rule. The letter must state that all areas already affected will be reclaimed or reaffected.

(D) Within thirty days after the completion of mining operations on a permit, the permittee shall file with the chief a final report that includes the information required under paragraph (A) of this rule and a final map that includes the information required under paragraph (B) of this rule.

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-06

(A) Applications for permits and permit renewals shall:

(1) Be submitted on forms provided by the chief;

(2) Be filed with the proper number of copies and at places designated by the chief;

(3) Be deemed to be complete as submitted to the chief unless the chief, within fourteen business days of the submission, identifies deficiencies in the application in writing and sends a written list of the deficiencies to the applicant. When the application is complete, the chief shall begin processing the application and notify the applicant of the application number assigned by the chief, so that this number may appear in the public notice required by division (A) of section 1513.071 of the Revised Code. An application for an area adjacent to a permit issued pursuant to section 1513.07 of the Revised Code and these rules may reference information previously submitted as part of the application for that permit if the information is applicable;

(4) Show the name, address, and telephone number of the person who prepared the application if that person is someone other than an employee of the applicant;

(5) Include the name and address of the newspaper in which the applicant is to publish the notice required by division (B)(1)(f) of section 1513.07 of the Revised Code;

(6) Include the telephone number of the applicant, of the operator if the applicant is not the operator, and of the applicant's statutory agent; and

(7) Include the employer identification number of the applicant, or the last four digits of the social security number of the applicant if the applicant is a sole proprietorship or partnership.

(B) Additional requirements for permit renewals.

(1) Any permit issued shall have the right of successive renewal upon expiration, provided the renewal complies with the requirements of paragraphs (A) and (B) of this rule.

(2) In addition to the requirements of paragraph (A) of this rule, an application for renewal shall:

(a) Be filed with the chief at least one hundred twenty days before the expiration of the permit involved; and

(i) Be submitted on an application form for a new permit if the renewal application includes land area that was not in the valid existing permit; or

(ii) Be submitted on a permit renewal application form if the renewal application includes only land area that was in the valid existing permit; and

(b) Include the name and address of the permittee, the term of the renewal requested, and the permit number;

(c) Include evidence that a liability insurance policy or adequate self-insurance under rule 1501:13-7-07 of the Administrative Code will be provided by the applicant for the proposed period of renewal;

(d) Include evidence that the performance security in effect for the operation will continue in full force and effect for any renewal requested, as well as any additional performance security required by the chief pursuant to Chapter 1501:13-7 of the Administrative Code;

(e) Include additional revised or updated information required by the chief;

(f) Be subject to the requirement of division (A)(4) of section 1513.07 of the Revised Code;

(g) Include a copy of the newspaper notice and proof of publication as required by paragraph (H) of rule 1501:13-4-03 of the Administrative Code; and

(h) Be subject to the public notification, public participation, and hearing provisions in sections 1513.07 and 1513.071 of the Revised Code.

(3) Applications for renewal that include proposed revisions to the permit.

(a) If an application for renewal that includes proposed revisions to the permit is submitted on an application form for a new permit pursuant to paragraph (B)(2)(a)(i) of this rule, then the requirements for a permit revision under paragraph (E) of this rule shall not apply.

(b) If an application for renewal that includes any proposed revisions to the permit is submitted on a permit renewal form pursuant to paragraph (B)(2)(a)(ii) of this rule, then the revisions shall be identified and subject to the requirements of paragraph (E) of this rule.

(4) In the determination of whether to approve or deny a renewal of a permit, the burden of proof shall be on the opponents of renewal.

(C) Any revisions to an application shall:

(1) Be initialed and dated by the person making revisions. The name of the person shall be provided in the application in the space provided; and

(2) Be acknowledged in writing by the signature of the applicant in the application in the space provided. Such acknowledgement shall be dated by the applicant.

(D) For an application for which the applicant requests the chief to prepare the determinations of the probable hydrologic consequences as provided for by division (A)(4) of section 1513.02 of the Revised Code:

(1) The applicant shall submit:

(a) A request in writing to the chief at least sixty days prior to the time that the applicant intends to submit the application for a permit;

(b) On forms provided by the chief, the following information:

(i) The name of the watershed and location of the stream which will receive drainage discharged from the mining operation (the location of the stream may appear on the hydrologic map);

(ii) A statement of the quality and locations of subsurface water as required by division (B)(1)(n)(ii) of section 1513.07 of the Revised Code;

(iii) A description of the measures to be taken during mining and reclamation to assure protection of the quality and quantity of surface and ground water systems both on and off-site from the adverse effects of the mining and reclamation operations as required by division (C)(13) of section 1513.07 of the Revised Code; and

(iv) A description of the steps to be taken to comply with applicable water quality laws and regulations;

(c) A map prepared in accordance with division (B)(1)(m) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code showing the information required by division (B)(1)(m) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code;

(d) Cross-section maps or plans as related to hydrologic studies prepared in accordance with division (B)(1)(n)(i) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code, showing the information required by division (B)(1)(n)(i) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code; and

(e) The results of test borings as required by division (C)(12) of section 1513.07 of the Revised Code, submitted on a form provided by the chief;

(2) If the items required by paragraph (D)(1) of this rule are not complete or need revision, the chief shall not be required to prepare the determination of the probable hydrologic consequences. The chief shall notify the requestor by certified mail of those items that are incomplete or need revision. The sixty-day time period for preparation by the chief shall stop on the date the requestor receives the certified mail or reasonably should have received the certified mail, whichever is earlier. The sixty-day period shall resume upon receipt by the division of mineral resources management of the items that need to be completed or revised;

(3) The chief shall prepare the determination of the probable hydrologic consequences within sixty days of receipt of the items required by paragraph (D) of this rule. Those days during which the requestor is revising or making the request complete shall not be included in the sixty days allowed the chief;

(4) The chief shall submit the prepared determination of the probable hydrologic consequences to the requestor and at the same time return the items that were required to be submitted by the requestor by paragraph (D) of this rule; and

(5) The person requesting the preparation of the determination of the probable hydrologic consequences shall include the chief's determination as part of a complete application for a permit.

(E) Revisions to permits shall:

(1) Be obtained when:

(a) There are changes from the mining or reclamation operations as described in the approved plans for the original permit;

(b) Required by an order issued pursuant to paragraph (G) of this rule;

(c) As otherwise required by Chapter 1513. of the Revised Code or these rules;

(2) Be subject to the notice and hearing requirements when the changes in the mining and reclamation plan constitute a significant alteration from mining and reclamation operations contemplated in the original permit. Changes which constitute a significant alteration are those which:

(a) Revise the plan to include the dumping of hazardous chemical wastes and solid wastes;

(b) Revise the plan to include the permanent relocation of a perennial stream;

(c) Revise the plan to include the use of explosives;

(d) Revise the plan to include the construction of an excess spoil disposal fill;

(e) Revise the plan to include the construction of a coal processing waste bank;

(f) Revise the plan to include the use of waste material as fill;

(g) Revise the plan to change the postmining land use pursuant to rule 1501:13-9-17 of the Administrative Code;

(h) Revise the plan to change the subsidence control plan;

(i) Revise the plan to change to a concurrent surface and underground mining operation;

(j) Revise the plan to include the construction of either a permanent or temporary impoundment that has an embankment more than twenty feet in height, as measured from the upstream toe of the embankment to the crest of the emergency spillway or has a storage volume of twenty-acre feet or more;

(k) Revise the plan to include a variance from approximate original contour; or

(l) Any other revision which the chief, by order, determines to be significant;

(3) Be filed with the chief:

(a) Prior to making changes in the mining and reclamation operations;

(b) If the change is required by paragraph (G) of this rule, within the time period specified in the order;

(4) Be approved or disapproved by the chief within ninety days of receipt of a complete revision request, provided that failure to disapprove shall not be deemed approval and that significant revisions in the reclamation plan shall be subject to notice and hearing requirements in accordance with paragraph (E)(2) of this rule;

(5) Be reviewed by the chief to determine whether a new or updated probable hydrologic consequences determination shall be required pursuant to either paragraph (E)(2) of rule 1501:13-4-05 or paragraph (E)(2) of rule 1501:13-4-14 of the Administrative Code;

(6) Be reviewed by the chief to determine whether a new or updated cumulative hydrologic impact assessment shall be required pursuant to divisions (B)(1)(k) and (E)(2)(c) of section 1513.07 of the Revised Code; and

(7) Be reviewed by the chief to determine if an adjustment of the estimated cost of reclamation shall be required pursuant to paragraph (E) of rule 1501:13-7-02 of the Administrative Code.

(F) Any extensions to the area covered by a permit, except for incidental boundary revisions, shall be made by application for a new permit.

(G) The chief shall review each permit.

(1) Review by the chief shall occur not later than the middle of the permit term or every five years whichever is more frequent. After this review, the chief may require, by order to the permittee, reasonable revision or modification of the permit provision to ensure compliance with Chapter 1513. of the Revised Code and these rules.

(2) Permits that include provisions for mountaintop removal operations, experimental practices, variances from approximate original contour, or variances for delay in contemporaneous reclamation for combined strip and underground mining operations shall be reviewed by the chief as required by rule 1501:13-4-12 of the Administrative Code. Upon completion of the review, the chief may order revisions or modifications of the mining and reclamation plan to ensure compliance with Chapter 1513. of the Revised Code and Chapter 1501:13-9 of the Administrative Code. The order shall be in writing and shall set forth the findings that require the revisions or modifications.

(H) Transfer, assignment, or sale of permit rights.

(1) Any person seeking to succeed by transfer, assignment, or sale to the rights granted by a permit shall, prior to the date of such transfer, assignment or sale:

(a) Obtain appropriate performance security coverage for the permitted operation by:

(i) Obtaining transfer of the original performance security coverage of the original permittee, provided that the successor meets the eligibility requirements of paragraph (C)(2)(a) of rule 1501:13-7-01 of the Administrative Code where performance security is to be provided together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of that rule; or

(ii) Providing sufficient performance security in accordance with Chapter 1501:13-7 of the Administrative Code.

(b) Obtain insurance coverage in accordance with rule 1501:13-7-07 of the Administrative Code;

(c) Provide the chief with an application for approval of such proposed transfer, assignment, or sale including:

(i) The name and address of the existing permittee and permit number;

(ii) A brief description of the proposed action requiring approval;

(iii) The name and address of the person proposing to succeed by such transfer, assignment, or sale and the name and address of that person's resident agent; and

(iv) The same information as is required by rules 1501:13-4-03 and 1501:13-7-07 of the Administrative Code for applications for new permits for those activities; and

(d) Obtain the written approval of the chief for transfer, assignment, or sale of rights, according to paragraph (H)(4) of this rule.

(2) Prior to the approval of the transfer, assignment or sale, the chief may require that any civil penalties assessed on the permit be paid. No transfer, assignment or sale will be approved if the person succeeding to the permit owes civil penalties to the state.

(3) Advertisement and comment.

(a) The person applying for approval of such transfer, assignment or sale of rights granted by a permit shall advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the original permittee, the permit number and particular geographic location of the permit, and the address to which written comments may be sent under this paragraph.

(b) Any person whose interests are or may be adversely affected, including, but not limited to, the head of any local, state or federal government agency may submit written comments on the application for approval to the chief within ten days after the advertisement of the application is published.

(4) The chief may, upon the basis of the applicant's compliance with the requirements of paragraphs (H)(1) to (H)(3) of this rule, grant written approval for the transfer, sale, or assignment of rights under a permit, if he or she first finds, in writing, that:

(a) The person seeking approval will conduct the operations covered by the permit in accordance with the requirements of Chapter 1513. of the Revised Code and these rules;

(b) The applicant is eligible to receive a permit in accordance with paragraphs (E) and (F) of rule 1501:13-5-01 of the Administrative Code;

(c) The applicant has, in accordance with paragraph (H)(1)(a) of this rule, submitted performance security as required by Chapter 1501:13-7 of the Administrative Code in an amount at least equivalent to the performance security of the original permittee; and

(d) The applicant will continue to conduct the operations involved in full compliance with the terms and conditions of the original permit, unless and until the applicant has obtained a new permit.

(5) Notification.

(a) The chief shall notify the permittee, the successor, commenters, and the office of surface mining of his or her findings.

(b) The successor shall immediately provide written notice to the chief of the consummation of the transfer, assignment, or sale of permit rights.

(I) The permittee shall notify the chief within a reasonable amount of time not later than thirty days after any addition, departure, or change in the persons required to be shown in the permit application, pursuant to division (B)(1)(d) of section 1513.07 of the Revised Code, by submitting, in writing, the following information:

(1) The person's name, address, and telephone number;

(2) The person's position title and relationship to the applicant, including percentage of ownership and location in the organizational structure;

(3) The date the person began functioning in the position; and

(4) The date of any departure.

(J) The permittee shall notify the chief in writing of any change in the address of the principal place of business required in the permit application, pursuant to paragraph (B)(1)(a) of rule 1501:13-4-03 of the Administrative Code.

(K) For those applicants who qualify for the small operator assistance program (S.O.A.P.), the applicant shall initiate action for the assistance sufficiently in advance to allow the division time to prepare the information required by paragraph (A) of rule 1501:13-6-03 of the Administrative Code. The applicant shall submit the information required under paragraph (D) of rule 1501:13-6-03 of the Administrative Code at the time of filing a complete permit application.

(L) Subsequent to any amendment of Chapter 1513. of the Revised Code or adoption of new or amended rules, the applicant shall revise those applications on file with the chief to comply with the permit requirements of the amended chapter or new or amended rules. This paragraph does not apply to those applications for which a permit has been issued except as provided under paragraph (G) of this rule.

(M) Determinations of the chief under this rule may be appealed to the reclamation commission pursuant to section 1513.13 of the Revised Code.

Last updated June 25, 2025 at 7:45 PM

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-02

(A) Cessation orders.

(1) Imminent danger; significant harm.

(a) An authorized representative of the chief shall immediately order a cessation of coal mining and reclamation operations or of the relevant portion thereof, if he or she finds on the basis of any inspection, any condition or practice, or any violation of Chapter 1513. of the Revised Code or rules adopted thereunder, or any condition of a coal exploration approval or permit or a coal mining and reclamation permit, which:

(i) Creates an imminent danger to the health or safety of the public; or

(ii) Is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resources.

(b) If the cessation ordered under paragraph (A)(1)(a) of this rule will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the authorized representative of the chief shall impose affirmative obligations on the person to whom it is issued to abate the condition, practice or violation. The order shall specify the time by which abatement shall be accomplished.

(2) Coal mining operations conducted by any person without a valid permit issued pursuant to these rules constitute a condition or practice which causes or can reasonably be expected to cause significant imminent environmental harm to land, air or water resources, unless such operations are an integral, uninterrupted extension of previously permitted operations, and the person conducting such operations has filed a timely and complete application for a permit to conduct such operations.

(3) Failure to abate violation.

(a) An authorized representative of the chief shall immediately order the cessation of coal exploration or coal mining and reclamation operations, or of the relevant portion thereof, when a notice of violation has been issued under paragraph (B) of this rule and the person to whom it was issued fails to abate the violation within the abatement period fixed or subsequently extended by the authorized representative.

(b) A cessation order issued under paragraph (A)(3) of this rule shall require the person to whom it is issued to take all steps the authorized representative of the chief deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.

(c) Whenever a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatement period set in the notice or order or as subsequently extended, the chief shall review the permittee's history of violations to determine whether a pattern of violations exists pursuant to this rule, and shall issue an order to show cause as appropriate pursuant to paragraph (C) of this rule.

(4) A cessation order issued under paragraph (A)(1) or (A)(3) of this rule shall be in writing, signed by the authorized representative who issues it, and shall set forth with reasonable specificity:

(a) The nature of the condition, practice, or violation;

(b) The remedial action or affirmative obligation required, if any, including interim steps, if appropriate;

(c) The time established for abatement, if appropriate, including the time for meeting any interim steps; and

(d) A reasonable description of the portion of the coal exploration or coal mining and reclamation operation to which it applies. The order shall remain in effect until the condition, practice or violation has been abated or until the order is vacated, modified or terminated in writing by an authorized representative of the chief.

(5) Reclamation operations and other activities intended to protect public health and safety and the environment shall continue during the period of any order unless otherwise provided in the order.

(6) An authorized representative of the chief may modify, terminate or vacate a cessation order for good cause, and may extend the time for abatement if the failure to abate within the time previously set was not caused by lack of diligence on the part of the person to whom it was issued.

(7) An authorized representative of the chief shall terminate a cessation order, by written notice to the person to whom the order was issued, when he or she determines that all conditions, practices, or violations listed in the order have been abated. Termination shall not affect the right of the chief to assess civil penalties for those violations under rule 1501:13-14-03 of the Administrative Code.

(8) Within thirty days after a cessation order is issued, the permittee shall submit to the chief the information required pursuant to paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code. Within sixty days after issuing a cessation order, the chief shall notify in writing any person who has been identified under paragraph (B)(5) or (B)(7) of rule 1501:13-4-03 or paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code as owning or controlling the permittee that the cessation order was issued and that the person has been identified as an owner or controller.

(9) If performance security was provided together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code and the chief has issued a cessation order under paragraph (A)(3) of this rule for failure to abate a violation of the contemporaneous reclamation requirement under rule 1501:13-9-13 of the Administrative Code, the chief may require the permittee to increase the amount of performance security for the permit from twenty-five hundred dollars per acre of land to five thousand dollars per acre of land.

(a) If the cessation order is for failure to abate a violation of the contemporaneous reclamation requirement for backfilling and/or grading and permittee has not abated the violation within thirty days of the issuance of the cessation order, the chief may, in writing, order the permittee to increase, within ten days, the amount of performance security to five thousand dollars per acre of land.

(b) If the cessation order is for failure to abate a violation of the contemporaneous reclamation requirement for any reason other than backfilling and/or grading and permittee has not abated the violation within thirty days of the issuance of the cessation order, the chief may determine the amount of performance security increase and may, in writing, order the permittee to increase, within ten days, performance security by the amount specified in the order, not to exceed a total of five thousand dollars per acre of land.

(c) If the chief orders the permittee to increase the amount of performance security under paragraph (A)(9)(a) or (A)(9)(b) of this rule, the chief shall also order the permittee to show cause why the permittee has the ability to comply with the requirements of Chapter 1513. of the Revised Code in accordance with paragraph (B) of rule 1501:13-7-06 of the Administrative Code.

(d) If the chief orders the permittee to increase the amount of performance security under paragraph (A)(9)(a) or (A)(9)(b) of this rule, the increased performance security shall remain in effect for the permit, including all future acreage of the permit, until the chief determines that the amount of performance security may be reduced. When the permittee abates the violation contained in the cessation order that resulted in the increase in performance security, the permittee may request the chief, in writing, to reduce the amount of performance security per acre. The chief shall determine, in writing, whether or not the performance security may be reduced and the amount of performance security reduction, if any, based on the overall site conditions of the permit, the success of the reclamation performed, the permittee's compliance with other enforcement actions, and the outcome of the show cause hearing held pursuant to paragraph (B) of rule 1501:13-7-06 of the Administrative Code or of any show cause hearing requested under paragraph (C) of this rule.

(e) A reduction in the amount of performance security under paragraph (A)(9)(d) of this rule shall not be considered release of performance security and is not subject to division (F) of section 1513.16 of the Revised Code.

(B) Notices of violation.

(1) An authorized representative of the chief shall issue a notice of violation, if, on the basis of an inspection, he or she finds a violation of Chapter 1513. of the Revised Code or rules adopted thereunder or any condition of a permit or an exploration permit, which does not create an imminent danger or harm for which a cessation order must be issued under paragraph (A) of this rule.

(2) A notice of violation issued under this rule shall be in writing, signed by the authorized representative of the chief who issued it, and shall set forth with reasonable specificity:

(a) The nature of the violation;

(b) The remedial action required, which may include interim steps;

(c) A reasonable time for abatement, which may include time for accomplishment of interim steps; and

(d) A reasonable description of the portion of the coal exploration or coal mining and reclamation operation to which it applies.

(3) An authorized representative of the chief may extend the time set for the abatement or for accomplishment of an interim step, if the failure to meet the time previously set was not caused by lack of diligence on the part of the person to whom it was issued. The total time for abatement under a notice of violation, including all extensions, shall not exceed ninety days from the date of issuance, except upon a showing by the permittee that it is not feasible to abate the violation within ninety calendar days due to one or more of the circumstances listed in paragraph (B)(3) of this rule. An extended abatement date pursuant to this rule shall not be granted when the permittee's failure to abate within ninety days has been caused by lack of diligence or intentional delay by the permittee in completing the remedial action required. Circumstances which may qualify a coal mining operation for an abatement period of more than ninety days are:

(a) When a permittee has applied in a timely manner for, and diligently pursued, a permit renewal or other necessary approval of designs or plans but such renewal or approval has not been issued within ninety days after the permittee's valid permit expires for reasons not within the control of the permittee;

(b) When there is a valid judicial order precluding abatement within ninety days as to which the permittee has diligently pursued all rights of appeal and as to which he or she has no other effective legal remedy;

(c) When the permittee cannot abate within ninety days due to a labor strike;

(d) When climatic conditions preclude abatement within ninety days or when, due to climatic conditions, abatement within ninety days clearly would cause more environmental harm than it would prevent; or

(e) When abatement within ninety days requires action that would violate safety standards established by statute or regulation under the Mine Safety and Health Act of 1977, 30 U.S.C. 801 to 965, as amended.

(4) Whenever an abatement time in excess of ninety days is granted, interim abatement measures shall be imposed to the extent necessary to minimize harm to the public or the environment.

(5) If any of the conditions in paragraph (B)(3) of this rule exist, the permittee may request the authorized representative to grant an abatement period exceeding ninety days. The authorized representative shall not grant or deny such an abatement period without the concurrence of the chief and the abatement period granted shall not exceed the shortest possible time necessary to abate the violation. The permittee shall have the burden of establishing by clear and convincing proof that he or she is entitled to an extension under the provisions of paragraph (B)(3) of this rule. In determining whether or not to grant an abatement period exceeding ninety days, the authorized representative may consider any relevant written or oral information from the permittee or any other source. The authorized representative shall promptly and fully document in the file his or her reasons for granting or denying the request. The authorized representative's immediate supervisor shall review this document before concurring in or disapproving the extended abatement date and shall promptly and fully document the reasons for his or her concurrence or disapproval in the file.

(6) Any determination made under paragraph (B)(5) of this rule shall be in writing and shall contain a right of appeal to the reclamation commission.

(7) No extension granted under paragraph (B)(5) of this rule may exceed ninety days in length. If the condition or circumstance which prevented abatement within ninety days exists at the expiration of any such extension, the permittee may request a further extension in accordance with the procedures of paragraph (B)(5) of this rule.

(8) If the person to whom the notice was issued fails to meet any time set for abatement or for accomplishment of an interim step, the authorized representative shall issue a cessation order under paragraph (A) of this rule.

(9) An authorized representative of the chief shall terminate a notice of violation by written notice to the person to whom it was issued, when he or she determines that all violations listed in the notice of violation have been abated. Termination shall not affect the right of the chief to assess civil penalties for those violations under rule 1501:13-14-03 of the Administrative Code.

(C) Show cause orders.

(1) If the chief determines that, for any permit, there exists or has existed a pattern of violations of any requirements of Chapter 1513. of the Revised Code, these rules, or any permit condition, and that the violations were caused by the permittee willfully or through unwarranted failure to comply with those requirements or conditions, then the chief shall issue an order to the permittee requiring him or her to show cause why his or her permit and right to mine should not be suspended or revoked. Violations by any person conducting coal mining operations on behalf of the permittee shall be attributed to the permittee, unless the permittee establishes that they were acts of deliberate sabotage.

(2) The chief shall determine that a pattern of violations exists, if he or she finds that there were violations of the same or related requirements of Chapter 1513. of the Revised Code, these rules, or the permit during three or more inspections of the permit area within any twelve-month period.

(3) The chief may determine that a pattern of violations exists or has existed, based on two or more inspections of the permit area within any twelve-month period, after considering the circumstances, including:

(a) The number of violations, cited on more than one occasion, of the same or related requirements of Chapter 1513. of the Revised Code, these rules, or the permit;

(b) The number of violations, cited on more than one occasion, of different requirements of Chapter 1513. of the Revised Code, these rules, or the permit; and

(c) The extent to which the violations were isolated departures from lawful conduct.

(4) A show cause order shall set forth in the order itself or in attachments to the order:

(a) A list of the unwarranted or willful violations which contribute to a pattern of violations;

(b) A copy of each order or notice which contains one or more of the violations listed as contributing to a pattern of violations;

(c) A brief statement indicating the basis for determining that the violations were caused by the permittee willfully or through unwarranted failure to comply;

(d) The chief's intent to either revoke or suspend the permit, including the length and terms of a suspension; and

(e) A statement advising the permittee that if he or she wishes a show cause hearing, he or she must, within thirty days from receipt of the show cause order, file an answer to the show cause order and request a hearing.

(5) The permittee's answer to a show cause order shall contain a statement setting forth:

(a) The reasons in detail why a pattern of violations does not exist or has not existed including all the reasons for contesting:

(i) The fact of any of the violations alleged by the chief as constituting a pattern of violations;

(ii) The willfulness of such violations; or

(iii) Whether such violations were caused by the unwarranted failure of the permittee;

(b) All mitigating factors the permittee believes exist in determining the terms of the revocation or the length of terms of the suspension; and

(c) Any other alleged relevant facts.

(6) If the permittee files an answer to the show cause order and requests a show cause hearing, the chief shall give thirty days written notice of the date, time and place of the hearing to all interested parties. The chief shall publish notice of the hearing, if practicable, in a newspaper of general circulation in the area of the coal mining and reclamation operations, and shall post it at the division of mineral resources management district office closest to the coal mining and reclamation operations.

(7) If the permittee files an answer and requests a hearing, the chief or his or her representative shall hold a show cause hearing, which shall be a public adjudicatory hearing of record. The permittee issued the order to show cause shall appear at the hearing. The chief or his or her representative may accept oral or written statements and any other relevant information. An electronic or stenographic record shall be made of the hearing. The record shall be maintained and shall be accessible to the parties of the hearing until final release of the permittee's performance security required by Chapter 1513. of the Revised Code and rules adopted thereunder.

(8) In a show cause hearing, the chief shall have the burden of going forward to establish a prima facie case for suspension or revocation of the permit. The ultimate burden of persuasion that the permit should not be suspended or revoked shall rest with the permittee.

(9) Within sixty days following the show cause hearing:

(a) The chief shall issue a written determination as to whether a pattern of violations exists and, if appropriate, an order for the suspension or revocation of the permit.

(i) In making a determination that a pattern of violations exists, the chief need not find that all the violations listed in the show cause order occurred, but only that sufficient violations occurred to establish a pattern;

(ii) If the permit is suspended, the minimum suspension period shall be three working days unless the chief finds that imposition of the minimum suspension period would result in manifest injustice and would not further the purposes of Chapter 1513. of the Revised Code; and

(b) The chief shall furnish the permittee and all other parties of the hearing with the written determination, which shall state the reasons for this determination issued pursuant to paragraph (C)(9)(a) of this rule.

(10) Whenever the chief orders the revocation or suspension of the permit in the determination issued pursuant to paragraph (C)(9)(a) of this rule, the permittee shall immediately cease coal mining operations on the permit area and shall:

(a) If the permit and the right to mine are revoked, complete reclamation within the time specified in the order or the chief shall declare as forfeited the performance security for the operation; or

(b) If the permit and right to mine are suspended, complete all affirmative obligations to abate all conditions, practices or violations, as specified in the order.

(D) Service of notices and orders.

(1) Any notice or order shall be served on the person to whom it is directed or his or her designated agent promptly after issuance, as follows:

(a) By tendering a copy at the coal exploration or coal mining and reclamation operation to the person to whom it is directed or to the designated agent, or to the individual who, based upon reasonable inquiry by the chief's authorized representative, appears to be in charge of the coal exploration or coal mining and reclamation operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. In the event a notice or order is tendered to anyone other than to whom it is directed or his or her designated agent, service shall also be made by certified mail. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept; or

(b) As an alternative to paragraph (D)(1)(a) of this rule, service may be made by sending a copy of the notice or order by certified mail to the address shown as current on the permit in accordance with paragraph (B)(1)(a) of rule 1501:13-4-03 of the Administrative Code or by hand to the person to whom it is issued or his or her designated agent. Service shall be complete upon tender of the notice or order of the mail and shall not be deemed incomplete because of refusal to accept.

(c) In the event that attempts to deliver the notice or order by hand or by certified mail are unsuccessful, service of the notice or order may be made by first class mail to the most current address on file with the division of mineral resources management.

(2) Designation by any person of an agent for service of notices and orders shall be made in writing to the division of mineral resources management.

(E) Expiration of order of cessation.

(1) Except as provided in paragraph (E)(2) of this rule, a notice of violation or order which requires cessation of mining shall expire within thirty days after it is served unless a hearing has been held pursuant to section 1513.13 of the Revised Code within that time.

(2) A notice of violation or cessation order shall not expire as provided in paragraph (E)(1) of this rule, if the condition, practice, or violation in question has not been abated or if the hearing has been waived by the person to whom the notice or order was issued.

(F) Review of citations.

(1) A person issued a notice of violation or cessation order under this rule, or a person having an interest which is or may be adversely affected by the issuance, modification, vacation, or termination of a notice or order may request review of that action by filing an application for review and request for hearing under section 1513.13 of the Revised Code within thirty days after receiving notice of the action. Such person may also request temporary relief under division (C) of section 1513.13 of the Revised Code.

(2) The filing of an application for review and request for a hearing under paragraph (F) of this rule shall not operate as a stay of any notice or order, or of any modification, termination or vacation of either.

(G) Lack of information. No notice of violation, cessation order, show cause order, or order revoking or suspending a permit may be vacated because it is subsequently determined that the chief did not have information sufficient, under these rules, to justify an inspection.

(H) Inability to comply.

(1) No cessation order or notice of violation issued under these rules may be vacated because of inability to comply.

(2) Inability to comply may not be considered in determining whether a pattern of violations exists pursuant to paragraph (C) of this rule.

(3) Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under rule 1501:13-14-03 of the Administrative Code and of the duration of the suspension of a permit under paragraph (C) of this rule.

(I) Injunctive relief. The chief may request the attorney general of the state of Ohio to institute a civil action for relief, including a permanent or temporary injunction, restraining order or any other order in the court of common pleas for the county in which the coal exploration or coal mining and reclamation operation is located or in which the person to whom the notice of violation or order has been issued has his or her principal office whenever that person or his or her agent, in violation of Chapter 1513. of the Revised Code or rules adopted thereunder, or any condition of a coal exploration permit or a coal mining and reclamation permit:

(1) Violates or fails or refuses to comply with any order or decision of the chief or any authorized representative of the chief under Chapter 1513. of the Revised Code or rules adopted thereunder;

(2) Interferes with, hinders or delays the chief or an authorized representative in carrying out the provisions of Chapter 1513. of the Revised Code or rules adopted thereunder;

(3) Refuses to admit an authorized representative of the chief to a mine;

(4) Refuses to permit inspection of a mine by an authorized representative of the chief;

(5) Refuses to furnish any required information or report;

(6) Refuses to permit access to or copying of any required records; or

(7) Refuses to permit inspection of monitoring equipment.

(J) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-05

(A) Procedure for request for informal conference. Any person whose interests are or may be adversely affected by the issuance of a permit, the issuance of a significant revision to a permit or the renewal of a permit, or the officer or head of any federal, state or local government agency or authority, or any permittee whose performance security amount is proposed to be adjusted in accordance with paragraph (E) of rule 1501:13-7-02 of the Administrative Code, may, in writing, request that the chief hold an informal conference on the application for a permit or application for significant revision or renewal of a permit or on the proposed performance security adjustment. The request shall:

(1) Briefly summarize the issues to be raised at the conference by the person requesting the conference; and

(2)

(a) Be filed with the chief not later than thirty days after the last publication of the newspaper advertisement placed by the applicant under paragraph (A)(1) of rule 1501:13-5-01 of the Administrative Code; or

(b) Be filed with the chief not later than thirty days after receipt by the permittee of the proposed performance security adjustment.

(B)

(1) Except as provided in paragraph (C) of this rule, if an informal conference is requested in accordance with paragraph (A) of this rule, the chief shall hold an informal conference within a reasonable time not to exceed sixty days following:

(a) The close of the comment period required by paragraph (B)(1) of rule 1501:13-5-01 of the Administrative Code for a permit application, an application for significant revision to a permit or an application for renewal of a permit; or

(b) Receipt by the permittee of a performance security adjustment under paragraph (E) of rule 1501:13-7-02 of the Administrative Code.

(2) The informal conference shall be conducted as follows:

(a) The conference shall be held in the county where the largest portion of the area permitted or to be permitted is located;

(b) The date, time, and location of the informal conference shall be sent to the applicant or permittee and other parties to the conference and advertised by the chief in a newspaper of general circulation in the locality of the proposed permit or existing permit at least two weeks prior to the scheduled conference;

(c) If requested, in writing, by the person requesting the conference at a reasonable time prior to the conference, the chief may arrange with the applicant or permittee to grant parties to the conference access to the proposed permit or existing permit area and, to the extent that the applicant or permittee has the right to grant access to it, to the adjacent area, prior to the established date of the conference for the purpose of gathering information relevant to the conference; and

(d) The conference shall be conducted by the chief or a representative of the chief. The chief or his or her representative may accept oral or written statements and any other relevant information from any party to the conference. An electronic or stenographic record shall be made of the conference proceeding, unless waived by all the parties. The record shall be maintained and shall be accessible to the parties of the conference until final release of the applicant's or permittee's performance security required by Chapter 1513. of the Revised Code and these rules.

(3) If the informal conference has been held pursuant to section 1513.071 of the Revised Code, the chief shall issue and furnish the applicant for a permit, persons who participated in the informal conference, and persons who filed written objections pursuant to division (B) of section 1513.071 of the Revised Code, with the written finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within sixty days of the conference, provided that the chief shall comply with the time frames established in paragraph (D)(2)(b) of rule 1501:13-5-01 of the Administrative Code.

(C) If all persons requesting the informal conference stipulate agreement prior to the requested informal conference and withdraw their request, the informal conference need not be held.

(D) Conferences for reclamation phase approvals and performance security releases are subject to rule 1501:13-7-08 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-03 Form, conditions, and terms of performance security.

(A) Form of the performance security. The performance security to be submitted by the applicant or permittee shall be on forms furnished by the chief. The chief shall allow for:

(1) A surety bond;

(2) A collateral bond;

(3) A trust fund; or

(4) A combination of any of these forms of performance security.

(B) Terms and conditions of the performance security.

(1) The performance security shall be in an amount determined by the chief, as provided in paragraphs (A) and (C) of rule 1501:13-7-02 of the Administrative Code for permits for which the applicant or permittee provides performance security together with reliance on the reclamation forfeiture fund, or as provided in paragraphs (B) and (C) of rule 1501:13-7-02 of the Administrative Code for permits for which the applicant or permittee provides performance security without reliance on the reclamation forfeiture fund.

(2) The performance security shall be payable to the state and conditioned upon the faithful performance of all the requirements of Chapter 1513. of the Revised Code, rules adopted thereunder, and the provisions of the applicant's approved mining and reclamation plan.

(3) The name of the permittee on the performance security shall be identical to the name of the permittee on the permit.

(4) The duration of the performance security shall be that described in paragraph (D) of rule 1501:13-7-02 of the Administrative Code.

(5) Surety bonds shall be subject to the following conditions:

(a) The chief shall not accept the bonds of a surety company unless the bond is noncancellable by the surety at any time for any reason including, but not limited to, non-payment of premium or bankruptcy of the permittee during the period of liability;

(b) The chief shall not accept a surety bond in excess of ten per cent of the surety company's capital surplus account;

(c) The chief shall not accept a surety bond from a surety company for any operator if the sum of such bond and all other surety bonds issued by the surety company on any and all the permits of that operator is in excess of thirty per cent of the surety company's capital surplus account;

(d) The surety bond shall be issued by a corporate surety licensed to do business in Ohio;

(e) The chief may provide in the bond that the amount shall be confessed to judgment upon forfeiture as provided in section 2323.13 of the Revised Code;

(f) The bond shall provide that the surety and the permittee shall be jointly and severally liable; and

(g) The bond shall provide that:

(i) The surety will give prompt notice to the permittee and the chief of any notice received or action filed alleging the insolvency or bankruptcy of the surety, or alleging any violation of regulatory requirements which could result in suspension or revocation of the surety's license to do business; and

(ii) In the event the surety becomes unable to fulfill its obligations under the bond for any reason, notice shall be given immediately to the permittee and the chief.

(6) Collateral bonds, except for letters of credit, shall be subject to the following conditions:

(a) The chief shall deliver to the treasurer of state all collateral deposited by the permittee or applicant to be held until authorized for release or replacement as provided in these rules. The treasurer shall hold it in trust for the purposes for which it has been deposited;

(b) The chief shall value collateral at their current market value, not face value;

(c) The chief shall not accept a certificate of deposit unless it is payable to the state, both in writing and upon the records of the bank issuing such certificates;

(d) The chief shall not accept an individual certificate or cash account for a denomination in excess of the maximum insurable amount as determined by F.D.I.C. and F.S.L.I.C.;

(e) If the performance security is a cash deposit or negotiable certificates of deposit of a bank or savings and loan association, the bank or savings and loan association shall be licensed and operating in Ohio;

(f) A certificate of deposit shall be automatically renewable and issued with a maturity date of not less than twelve months;

(g) At the time a certificate of deposit is being closed and rolled over into a new certificate of deposit, the permittee shall notify the chief of any change of account numbers by submitting a revised collateral bond indemnity agreement form;

(h) The chief shall require the applicant to deposit sufficient amounts of certificates of deposit to assure that upon forfeiture the chief will be able to liquidate those certificates prior to maturity for the amount of the performance security required by rules 1501:13-7-01 to 1501:13-7-06 of the Administrative Code; and

(i) Certificates of deposit may be substituted for a cash account with the approval of the chief.

(7) Letters of credit shall be subject to the following:

(a) The letter may only be issued by a bank organized or authorized to do business in Ohio;

(b) The initial term of the letter of credit shall be for not less than one year from the issue date and shall be automatically renewable for a period of not less than one year from the scheduled expiration date, unless the bank notifies the chief by certified or registered mail at least sixty days before the expiration date that the bank will not renew the letter of credit. Upon notice of a bank's intent not to renew the letter of credit, the permittee shall replace performance security at least thirty days before the expiration date of the letter of credit agreement with other letters of credit, other forms of security supporting the collateral bond indemnity agreement, or another form of performance security. If the letter of credit is not replaced at least thirty days prior to the expiration date, the chief shall demand and obtain payment on it before it expires;

(c) The letter shall be payable to the state, in part or in full, upon written demand by the chief and, except as provided in paragraph (B)(7)(b) of this rule, accompanied by a written statement signed by the chief declaring one or more of the following:

(i) That the permittee has not faithfully performed all of the requirements of Chapter 1513. of the Revised Code, rules adopted thereunder, and the provisions of the permittee's approved mining and reclamation plan;

(ii) That the permittee has failed to replace performance security coverage in accordance with the requirements of paragraph (B)(7)(b) of this rule; or

(iii) That the permittee has failed to replace performance security at least thirty days prior to the expiration date of the letter of credit.

(d) The chief may require in the indemnity agreement that the amount shall be confessed in judgment upon forfeiture as provided in section 2323.13 of the Revised Code; and

(e) The letters of credit shall provide that:

(i) The bank will give prompt notice to the permittee and the chief of any notice received or action filed alleging the insolvency or bankruptcy of the bank, or alleging any violations of regulatory requirements which could result in suspension or revocation of the bank's charter or license to do business; and

(ii) In the event the bank becomes unable to fulfill its obligations under the letter of credit for any reason, notice shall be given immediately to the permittee and the chief.

(8) The estimated bond value of all collateral provided as performance security assurance under paragraphs (B)(6) and (B)(7) of this rule shall be subject to a margin, which is the ratio of bond value to market value, as determined by the chief. The margin shall reflect legal and liquidation fees, as well as value depreciation, marketability and fluctuations which might affect the net cash available to the chief in performing reclamation. The bond value of collateral may be evaluated at any time, but it shall be evaluated as part of permit renewal and if necessary, the performance security amount increased or decreased.

(9) Persons with an interest in a collateral bond provided as performance security, and who desire notification of actions pursuant to the collateral bond, shall request the notification in writing to the chief at the time collateral bond is offered.

(10) Trust funds for performance security under this rule shall be subject to the following conditions:

(a) The trust fund shall be in an amount equal to the estimated cost of reclamation as determined by the chief under paragraph (B) of rule 1501:13-7-01 of the Administrative Code excluding all cost of administration of the trust fund;

(b) The trust fund agreement shall be in a form approved by the chief and shall contain all terms and conditions required by the chief;

(c) The chief shall specify the investment objectives of the trust fund;

(d) Termination of the trust fund may occur only as specified by the chief upon a determination that no further reclamation is necessary, that replacement performance security has been filed, or that the administration of the trust fund in accordance with its purpose requires termination;

(e) Release of money from the trust fund may be made only upon written authorization of the chief or according to a schedule established in the agreement accompanying the trust fund; and

(f) A financial institution or other company serving as a trustee must be a bank, trust company or other financial institution with trust powers that is organized or authorized to do business in Ohio.

(11) If a surety, bank, savings and loan association, trust company, or other financial institution that holds the performance security required under this rule becomes incapacitated by reason of bankruptcy, insolvency, or suspension or revocation of its license, the permittee shall be deemed to be without performance security coverage in violation of paragraph (A) of rule 1501:13-7-01 of the Administrative Code and shall promptly notify the chief. The chief shall notify, in writing, any permittee who is without performance security to submit a plan for replacement performance security within thirty days after receipt of such notice from the chief. If performance security is not replaced within the period set forth in paragraph (B)(11)(a) or (B)(11)(b) of this rule, the permittee shall cease all coal extraction being conducted under the permit and shall immediately begin to conduct reclamation operations in accordance with the reclamation plan. Mining shall not resume until the chief has determined that an acceptable performance security has been filed in accordance with paragraph (A) of rule 1501:13-7-01 of the Administrative Code.

(a) For a permit for which performance security is provided without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code, the permittee shall provide the replacement performance security within ninety days after receipt of written notice from the chief that the permittee is without performance security.

(b) For a permit for which performance security is provided together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code, the permittee shall continue to pay the severance tax levied under division (A)(8) of section 5749.02 of the Revised Code and shall provide the replacement performance security within one year after receipt of written notice from the chief that the permittee is without performance security.

(C) Replacement of performance security.

(1) The chief may allow the permittee to replace existing performance security with other performance security, if the liability which has accrued against the permittee on the permit area is transferred to such replacement performance security and the replacement performance security meets the requirements of these rules.

(2) The chief shall not release existing performance security until the permittee has submitted and the chief has approved acceptable replacement performance security. A replacement of performance security pursuant to paragraph (C) of this rule shall not constitute a release of performance security.

Last updated February 14, 2022 at 9:04 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-08

(A) Procedure for requesting a reclamation phase approval conference or a performance security release conference.

(1) The following persons may request a reclamation phase approval conference or a performance security release conference:

(a) A person with a valid legal interest which may be adversely affected by approval of a reclamation phase or release of performance security, pursuant to rule 1501:13-7-05 or 1501:13-7-05.1 of the Administrative Code; or

(b) The responsible officer or head of any federal, state or local government agency that:

(i) Has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation; or

(ii) Is authorized to develop and enforce environmental standards with respect to the operation.

(2) Within thirty days after the last publication of the notice required by paragraph (A)(3) of rule 1501:13-7-05 or by paragraph (A)(3) of rule 1501:13-7-05.1 of the Administrative Code, a person listed in paragraph (A)(1) of this rule may file written objections to the proposed reclamation phase approval or the proposed performance security release and request a conference with the chief.

(3) If written objections are filed and a conference is requested, the chief shall inform all interested parties of the time and place of the conference and shall hold the conference within thirty days after receipt of the request for the conference.

(4) The date, time, and location of the conference shall be advertised by the chief in a newspaper of general circulation in the locality of the coal mining operation proposed for reclamation phase approval or performance security release at least once a week for two consecutive weeks.

(5) The conference shall be held in the locality of the coal mining operation proposed for reclamation phase approval or performance security release or in Franklin county at the option of the person requesting the conference.

(6) An electronic or stenographic record shall be made of the conference proceeding, unless waived by all parties. Such record shall be maintained and shall be accessible to all parties until at least five years after expiration of the period during which the permit is covered by any portion of a reclamation performance security.

(7) In the event that all parties requesting the conference stipulate agreement prior to the requested conference and withdraw their request, the conference need not be held.

(B) Procedure at reclamation phase approval conference or performance security release conference.

(1) A party to a conference may appear in person, or be represented by his or her attorney or such other representative as is permitted to practice before the division, and may present his or her objections to the proposed reclamation phase approval or the proposed performance security release either orally or in writing.

(2) The conference shall be conducted by the chief or a representative of the chief.

(C) Decision of the chief regarding reclamation phase approval or performance security release.

(1) The chief shall issue his or her decision to approve or disapprove a reclamation phase or a performance security release in accordance with paragraph (A)(7) of rule 1501:13-7-05 or paragraph (A)(7) of rule 1501:13-7-05.1 of the Administrative Code.

(2) Within thirty days after notification of the final decision of the chief regarding the reclamation phase approval or performance security release, the permittee or any person with an interest that is or may be adversely affected may appeal the decision to the reclamation commission pursuant to Chapter 1513. of the Revised Code.

Last updated February 27, 2023 at 9:49 AM

History

• Effective: April 30, 2009
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-13-03

(A) Special requirements. Coal mining and reclamation operations conducted on prime farmland shall meet the following requirements:

(1) A permit shall be obtained for those operations under paragraph (F) of rule 1501:13-4-12 of the Administrative Code; and

(2) Soil materials to be used in the reconstruction of the prime farmland soil shall be removed before drilling, blasting, or mining, in accordance with paragraphs (B) and (C) of this rule and in a manner that prevents mixing or contaminating these materials with undesirable material. Where removal of soil materials results in erosion that may cause air and water pollution, the chief shall specify methods to control erosion of exposed overburden.

(B) Soil reconstruction specifications. The chief shall use soil reconstruction specifications established by the U.S. natural resources conservation service for prime farmland soil removal, storage, replacement, and reconstruction as guidelines in carrying out his or her responsibilities under paragraph (F) of rule 1501:13-4-12 of the Administrative Code and Chapter 1501:13-7 of the Administrative Code.

(C) Soil removal.

(1) Coal mining and reclamation operations on prime farmland shall be conducted to:

(a) Separately remove the topsoil or other suitable soil materials if such soil materials will create a final soil having a greater productive capacity than that which existed prior to mining. If not utilized immediately the material shall be stockpiled separately from other rooting medium and spoil; and

(b) Separately remove the B horizon of the soil, or a combination of B horizon and underlying C horizon, or other suitable soil material if such soil material will create a reconstructed soil of equal or greater productive capacity than that which existed before mining.

(2) The minimum depth of soil and soil material to be removed for use in reconstruction of prime farmland soils shall be sufficient to meet the soil replacement requirements of paragraph (E)(1) of this rule.

(D) Soil stockpiling. If not utilized immediately, the topsoil or other suitable soil materials specified in paragraph (C)(1)(a) of this rule and the B horizon or other suitable soil materials specified in paragraph (C)(1)(b) of this rule shall be stored separately from each other and from spoil. These stockpiles shall be placed within the permit area where they are not disturbed or exposed to excessive water or wind erosion before the stockpiled horizons can be redistributed. Stockpiles in place for more than thirty days shall meet the requirements of paragraph (E) of rule 1501:13-9-03 of the Administrative Code.

(E) Soil replacement. Coal mining and reclamation operations on prime farmland shall be conducted according to the following:

(1) The minimum depth of soil and soil material to be reconstructed for prime farmland shall be forty-eight inches, or a depth equal to the depth to a subsurface horizon in the natural soil that inhibits root penetration, whichever is shallower. The chief shall specify a depth greater than forty-eight inches wherever necessary to restore productive capacity. Soil horizons shall be considered as inhibiting root penetration if their densities, chemical properties, or water supplying capacities restrict or prevent penetration by roots of plants common to the vicinity of the permit area and have little or no beneficial effect on soil productive capacity;

(2) Soil material shall only be replaced on land which has been first returned to final grade and scarified according to paragraph (C) of rule 1501:13-9-03 of the Administrative Code, unless site-specific evidence is provided and approved by the chief showing that scarification or its equivalent will not enhance the capability of the reconstructed soil to achieve equivalent or higher levels of yield;

(3) The soil horizons or other suitable soil materials shall be replaced with proper compaction and uniform depth;

(4) The B horizon or other suitable material specified in paragraph (C)(1)(b) of this rule shall be replaced to the thickness needed to meet the requirements of paragraph (E) of this rule;

(5) The topsoil or other suitable soil materials specified in paragraph (C)(1)(a) of this rule shall be replaced as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original soil, as determined in paragraph (F)(2)(a) of rule 1501:13-4-12 of the Administrative Code, and shall be placed in a manner that protects the surface layer from wind and water erosion before it is seeded or planted; and

(6) Nutrients and soil amendments shall be applied as needed to establish vegetative growth quickly.

(F) Revegetation. Each person who conducts coal mining and reclamation operations on prime farmland shall meet the ground-cover and cropping requirements specified under rule 1501:13-9-15 of the Administrative Code.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-06.1 Tax credit for reclamation outside an applicant's permit area.

(A) Applicability. This rule shall apply to a permittee providing performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code who wishes to claim a tax credit under section 5749.11 of the Revised Code. This rule sets forth the terms and conditions under which the chief may approve an application to perform reclamation pursuant to section 1513.171 of the Revised Code.

(B) Identification of potential reclamation projects.

(1) The chief shall identify forfeited permits that may be eligible for reclamation under this rule.

(2) The chief may exclude a forfeited permit from eligibility under this rule due to the status of existing mining plans, pending abandoned mined lands contracts, or other issues related to reclamation planning.

(C) Permittee eligibility. Only a permittee in good standing pursuant to Chapter 1513. of the Revised Code shall be eligible to perform reclamation under this rule. No permittee is eligible if he or she:

(1) Has a demonstrated pattern of willful violations of Chapter 1513. of the Revised Code or rules adopted thereunder;

(2) Has an outstanding failure to abate cessation order;

(3) Is delinquent in performing reclamation on a permit; or

(4) Is blocked from obtaining a permit by the applicant violator system.

(D) Application to perform reclamation for severance tax credit.

(1) A permittee with a valid permit issued under these rules and in good standing pursuant to paragraph (C) of this rule may submit to the chief, on a form provided by the chief, an application to perform reclamation on land or water resources that are not within the applicant's permit area and that have been adversely affected by past coal mining for which the performance security was forfeited.

(2) The application shall include:

(a) The permittee's name, address, and telephone number;

(b) A statement of any current coal mining permits in the United States held by the permittee and the permittee's valid permit number or numbers;

(c) A description of the area or areas to be reclaimed;

(d) Identification of the owner of the land;

(e) A reclamation plan that describes the work to be done to reclaim the land or water resources, including:

(i) A description of how the plan is consistent with local physical, environmental, and climatological conditions; and

(ii) The measures to be taken during the reclamation to ensure the protection of water systems;

(f) An estimate of the total cost of the reclamation; and

(g) An estimated timetable for accomplishing the reclamation.

(3) The chief shall approve, disapprove, or approve with modifications an application submitted under this rule.

(E) Contract for reclamation. If an application is approved under paragraph (D)(3) of this rule, the chief shall prepare a contract for reclamation pursuant to section 1513.27 of the Revised Code.

(F) Beginning of reclamation. The chief shall notify, in writing, the owner of the land or water resources on which the reclamation work is to be performed, including the date on which the reclamation work is scheduled to begin and the timetable for accomplishing the reclamation.

(G) Reclamation tax credit certificate.

(1) Upon the completion of the reclamation to the satisfaction of the chief, including all contract specifications for the project, the chief shall conduct a substantial completion inspection, during which he or she will complete an accounting of the final actual costs of the project.

(2) The chief shall issue a numbered reclamation tax credit certificate showing the amount of the credit and the identity of the recipient. The amount of the credit shall be equal to the final actual costs of the project as determined under paragraph (G)(1) of this rule, provided the final actual costs do not exceed the estimated cost of reclamation as determined by the chief pursuant to paragraph (E)(3) of rule 1501:13-7-02 of the Administrative Code.

(3) Prior to the close of the fiscal quarter in which a tax credit certificate is issued under paragraph (G)(2) of this rule, the chief shall certify to the tax commissioner the amount of the credit and the identity of the recipient.

Last updated February 27, 2023 at 9:49 AM

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-07 Liability insurance.

(A) An application for a permit shall contain a certificate issued by an insurance company authorized to do business in this state certifying that the applicant has a public liability insurance policy in force for those coal mining and reclamation operations for which the permit is sought, or a notarized certification acknowledging that a current proof of liability insurance and rider required by paragraph (B)(3) of this rule is part of the central file for identity information authorized by paragraph (J) of rule 1501:13-4-03 of the Administrative Code, or evidence that the applicant has satisfied other state self-insurance requirements or, for reclamation operations, evidence that an agent performing reclamation for the applicant has a public liability insurance policy.

(B) The public liability insurance policy shall:

(1) Be in effect during the term of the permit or any renewal, including the length of all reclamation operations;

(2) Provide for personal injury and property damage protection in amounts adequate to compensate any persons injured or property damaged as a result of coal mining and reclamation operations, including the use of explosives. The minimum insurance coverage for bodily injury and property damage shall be three hundred thousand dollars for each occurrence and five hundred thousand dollars in the aggregate; and

(3) Include a rider requiring that the insurer notify the chief whenever substantive changes are made in the policy, including any termination or failure to renew.

Last updated February 27, 2023 at 9:49 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-03

(A) Definition.

(1) For the purposes of this rule, a person "owned or controlled" or "owns or controls" a coal mining operation if, at any time:

(a) The person is the permittee of a coal mining operation;

(b) Based on instruments of legal or equitable ownership or voting securities, the person owns of record in excess of fifty per cent of an entity which conducts coal mining operations; or

(c) The person has any relationship which gives that person authority directly or indirectly to determine the manner in which an applicant, an operator, or other entity conducts coal mining operations.

(2) It will be presumed that a person "owns or controls" or "owned or controlled" a coal mining operation, unless it can be demonstrated that the person does not or did not in fact have the authority directly or indirectly to determine the manner in which the relevant coal mining operation is or was conducted if, at any time:

(a) The person is an officer or a director of an entity which conducts coal mining operations;

(b) The person is the operator of the coal mining operation;

(c) The person has the ability to commit the financial or real property assets or working resources of an entity which conducts coal mining operations;

(d) The person is a general partner in a partnership which conducts coal mining operations;

(e) Based on the instruments of legal or equitable ownership or the voting securities of a corporate entity which conducts coal mining operations, the person owns of record ten through fifty per cent of the entity; or

(f) The person owns or controls coal to be mined by another person under a lease, sublease or other contract; and

(i) Has the right to receive such coal after mining; or

(ii) Has the authority to determine the manner in which another person conducts that coal mining operation.

(B) Identification of interests.

(1) Each application shall contain the names, addresses, and telephone numbers, and either the employer identification numbers or the last four digits of the social security numbers of:

(a) The permit applicant;

(b) The operator, if the operator is a person different from the applicant; and

(c) The person who will pay the abandoned mine land reclamation fee.

(2) For a coal mining operation other than an underground mining operation, each application shall also contain the names and addresses of:

(a) Every legal or equitable owner of record of the property to be mined;

(b) The holders of record of any leasehold interest in the property to be mined; and

(c) Any purchaser of record under a real estate contract of the property to be mined.

(3) For an underground mining operation each application shall also contain the names and addresses of:

(a) Every legal or equitable owner of record of the areas to be affected by surface operations and facilities and every legal or equitable owner of record of the property to be mined;

(b) The holders of record of any leasehold interest in areas to be affected by surface operations or facilities and the holders of record of any leasehold interest in the coal to be mined; and

(c) Any purchaser of record under a real estate contract of areas to be affected by surface operations and facilities and any purchaser of record under a real estate contract of the coal to be mined.

(4) Each application shall contain a statement of whether the applicant is a corporation, partnership, single proprietorship, association or other business entity. Each application other than a single proprietorship shall contain the name, address and telephone numbers of the resident agent of the applicant who will accept service of process.

(5) For each person who owns or controls or owned or controlled the applicant according to paragraph (A) of this rule, the application shall contain the following information:

(a) The person's name and address, and either the last four digits of his or her social security number or his or her employer identification number;

(b) The person's ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure;

(c) The title of the person's position, the date that the position was assumed, and when this information is submitted under paragraph (I) of rule 1501:13-4-06 or paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code and the person is no longer employed in that position, the date of departure from the position;

(d) Each additional name and identifying number, including employer identification number or the last four digits of the social security number, and federal or state permit number and corresponding MSHA number, under which the person owns or controls, or previously owned or controlled, a coal mining and reclamation operation in the United States within the five-year period preceding the date of submission of the application; and

(e) The application number or other identifier of, and the regulatory authority for, any other pending coal mining operation permit application filed by the person in any state in the United States.

(6) If any owner, holder, purchaser, or operator identified under paragraphs (B)(1) to (B)(3) of this rule is a business entity other than a single proprietorship, the application shall contain the names and street addresses of their respective principals, officers, and resident agents.

(7) For any coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in paragraph (A) of this rule, the application shall include the operation's:

(a) Name, address, identifying numbers, including employer identification number, federal or state permit number and corresponding MSHA number, and the regulatory authority; and

(b) Ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure.

(8) Each application shall contain the names and addresses of the owners of record of all surface and subsurface areas contiguous to any part of the proposed permit area.

(9) Each application shall contain the name of the proposed mine and the MSHA identification numbers for all mine-associated structures that require MSHA approval.

(10) Each application shall contain a statement of all lands, interests in lands, options, or pending bids on interests held or made by the applicant for lands which are contiguous to the area to be covered by the permit. If requested by the applicant, any information required by this paragraph which is not on public file pursuant to Ohio law shall be held in confidence by the chief as provided under rule 1501:13-1-10 of the Administrative Code.

(11) After the applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under paragraphs (B)(1), (B)(4), (B)(5), (B)(7), and (J) of this rule.

(12) The applicant shall submit the information required by paragraphs (B) and (C) of this rule on a form prescribed by the chief.

(C) Violation information. Each application shall contain:

(1) A statement of whether the applicant or operator, or any subsidiary, affiliate, or persons controlled by or under common control with the applicant or operator has:

(a) Had a federal or state coal mining permit suspended or revoked during the five-year period preceding the date of submission of the application; or

(b) Forfeited a mining bond, performance security, or similar security deposited in lieu of bond.

(2) If any such suspension, revocation, or forfeiture has occurred, a statement of the facts involved, including:

(a) Identification number of the permit;

(b) Date of suspension, revocation, or forfeiture, and, when applicable, the amount of bond, performance security, or similar security forfeited;

(c) Identification of the regulatory authority that suspended or revoked the permit or forfeited the bond, performance security, or similar security, and the stated reasons for that action;

(d) The current status of the permit, or of the bond, performance security, or similar security involved; and

(e) The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation or forfeiture, and the current status of these proceedings.

(3) The applicant shall submit a listing of:

(a) Each violation notice, as that term is defined in rule 1501:13-1-02 of the Administrative Code, received by the applicant or operator in connection with any coal mining and reclamation operation during the three-year period preceding the date of submission of the application for violations of Chapter 1513. of the Revised Code or these rules, or of any law, rule, or regulation of the United States, or of any state law, rule, or regulation enacted pursuant to federal law, rule, or regulation, pertaining to air or water environmental protection; and

(b) All unabated violation notices received prior to the date of submission of the application incurred in connection with any coal mining and reclamation operation owned or controlled by either the applicant or the operator or by any person who owns or controls the applicant.

(4) For each violation notice reported under paragraph (C)(3)(a) or (C)(3)(b) of this rule, the application shall also contain:

(a) Any identifying numbers for the operation, including the federal or state permit number and associated MSHA number, the date of issuance and identification number of the violation notice, the name of the person to whom the violation notice was issued, and the name of the issuing regulatory authority, department, or agency;

(b) A brief description of the violation alleged in the violation notice;

(c) The date, location, and type of any administrative or judicial proceedings initiated concerning the violation notice, including, but not limited to, proceedings initiated by the applicant to obtain administrative or judicial review of the violations;

(d) The current status of the proceedings and of the violation notice;

(e) If the abatement period for a violation in a notice of violation issued under paragraph (B) of rule 1501:13-14-02 of the Administrative Code, or its equivalent for the federal or another state regulatory program, has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation; and

(f) For all violations not covered under paragraph (C)(4)(e) of this rule, the actions taken to abate or correct the violation.

(5) After the applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under paragraph (C) of this rule.

(D) Right of entry and operation information.

(1) Each application shall contain a notarized statement describing the documents upon which the applicant bases his or her legal right to enter and begin coal mining in the permit area, for surface mining operations, or in the permit and shadow areas, for underground mining operations, and whether that right is the subject of pending litigation. The notarized statement shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.

(2) Each application shall contain a notarized statement identifying the specific land for which the applicant is negotiating to acquire the legal right to enter and begin coal mining in the permit area, for surface mining operations, or in the permit and shadow areas, for underground mining operations, during the term of the permit and, when requested by the chief, signed statements from each landowner and mineral owner granting authorized representatives of the chief a right of entry to, upon, and through the areas of land upon which coal mining and reclamation operations are proposed.

(3) Where the private mineral estate to be mined has been severed from the private surface estate and surface disturbance will result from the applicant's proposed use of a surface mining method, the application shall also provide for lands within the permit area:

(a) A copy of the written consent of the surface owner to the surface disturbance that will result from the extraction of coal by the applicant's proposed surface mining method;

(b) A copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods that cause surface disturbance; or

(c) If the conveyance does not expressly grant the right to extract the coal by surface mining methods that cause disturbance, documentation that under state law, the applicant has the legal authority to extract the coal by those methods.

(4) Nothing in this rule shall be construed to afford the chief the authority to adjudicate property rights disputes.

(E) Relationship to areas designated unsuitable for mining.

(1) Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for coal mining operations under rule 1501:13-3-07 of the Administrative Code or under study for designation in an administrative proceeding under such rule.

(2) If an applicant claims the exemption provided in paragraph (B)(3) of rule 1501:13-3-05 of the Administrative Code, the application shall contain information supporting the applicant's assertion that it made substantial legal and financial commitments before January 4, 1977, concerning the proposed coal mining operations.

(3) If an applicant proposes to conduct coal mining operations within three hundred feet, measured horizontally, of an occupied dwelling, the application shall contain the waiver of the owner of the dwelling as required in paragraph (D) of rule 1501:13-3-04 of the Administrative Code.

(4) If an applicant proposes to conduct coal mining operations within one hundred feet, measured horizontally, of a public road, the application shall contain the road permit as required under paragraph (C) of rule 1501:13-3-04 of the Administrative Code.

(F) Permit term information.

(1) Each application shall state the anticipated or actual starting and termination date of each phase of the coal mining and the anticipated number of acres of land to be affected during the first year of mining and over the total life of the permit.

(2) Each application to conduct an underground mining operation shall also state the horizontal extent of proposed underground mine workings over the total life of the permit.

(3) If an applicant proposes a permit term in excess of five years, the application shall:

(a) Be complete and accurate covering the specified longer term; and

(b) Show that the proposed longer term is reasonably needed to allow the applicant to obtain financing for equipment and for the opening of the operation with the need confirmed, in writing, by the applicant's proposed source of financing.

(G) Identification of location of public office for filing of application. Each application shall identify, by name and address, the public office where the applicant will simultaneously file a copy of the application for public inspection as required by these rules.

(H) Newspaper advertisement and proof of publication. A copy of the newspaper advertisement of the application for a permit or renewal of a permit, or for revision of a permit if notice is required under paragraph (E) of rule 1501:13-4-06 of the Administrative Code, shall be filed with the chief and made a part of the complete application. A proof of publication shall be filed with the chief prior to approval of the permit application.

(I) Facilities or structures used in common.

The plans of a facility or structure that is to be shared by two or more separately permitted mining operations may be included in one permit application and referenced in the other applications. In accordance with Chapter 1501:13-7 of the Administrative Code, each permittee shall provide performance security for the facility or structure unless the permittees sharing it agree to another arrangement for assuming their respective responsibilities. If such agreement is reached, then the application shall include a copy of the agreement between or among the parties setting forth the respective performance security responsibilities of each party for the facility or structure. The agreement shall demonstrate to the satisfaction of the chief that all responsibilities under this chapter for the facility or structure will be met.

(J) Central file for identity information.

(1) The chief shall allow an applicant or permittee to meet the information submittal requirements of paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06, and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code, by submitting the required information to the chief, on a form provided by the chief, with an indication that the information in the form applies to all permits held by the applicant or permittee. The applicant or permittee shall swear or affirm, under oath and in writing, that all information provided pursuant to paragraph (J) of this rule is accurate and complete.

(2) The chief shall establish a central file to house the information submitted pursuant to paragraph (J) of this rule, rather than placing duplicate information in each application file for a permittee. The chief shall make the information in this central file available to the public upon request.

(3) Permittees shall update information in this central file according to the following:

(a) If the information already submitted to the chief under paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06 and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code is accurate and complete, the permittee shall certify to the chief, on a form provided by the chief, by swearing or affirming, under oath and in writing, that the information is accurate, complete, and up to date; or

(b) If part of the information already submitted to the chief under paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06 and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code is missing or incorrect, the permittee shall submit to the chief, on a form provided by the chief, the necessary information or corrections and swear or affirm, under oath and in writing, that the information is accurate and complete.

Last updated June 26, 2025 at 3:22 AM

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Chapter 1501:13-8 Coal Exploration

Ohio Adm.Code 1501:13-8-01 Coal exploration; performance standards.

This rule shall apply only to coal exploration operations that substantially disturb the natural land surface.

(A) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values, including critical habitats of threatened species and critical habitats of species protected by state or federal law, shall not be disturbed during coal exploration operations.

(B) All roads shall comply with the applicable provisions of rule 1501:13-10-01 of the Administrative Code.

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

(D) Topsoil shall be removed, stored, and redistributed on disturbed areas as necessary to assure successful revegetation.

(E) All disturbed areas shall be revegetated in a manner that encourages prompt revegetation and recovery of a diverse, effective, and permanent vegetative cover. Revegetation shall be accomplished in accordance with the following:

(1) All disturbed lands shall be seeded or planted to the same seasonal variety native to the disturbed area. If the land use of the explored area is intensive agriculture, planting of crops normally grown will meet the requirements of this paragraph; and

(2) The vegetative cover shall be capable of stabilizing the soil surface from erosion.

(F) Use of diversions. Diversions of perennial and intermittent streams and miscellaneous flows shall be made in accordance with paragraph (F) of rule 1501:13-9-04 of the Administrative Code.

(G) Each exploration hole, borehole, or other exposed underground opening created during exploration operations shall be reclaimed in accordance with rule 1501:13-9-02 of the Administrative Code.

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

(1) Provide additional environmental data;

(2) Reduce or control on- and off-site effects of the exploration operations; or

(3) Facilitate future coal mining and reclamation operations by the person conducting the exploration operations under an approved permit.

(I) Coal exploration operations shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance in accordance with rule 1501:13-9-04 of the Administrative Code. The chief may specify additional measures which shall be adopted by the person engaged in coal exploration operations.

(J) Toxic- and acid-forming materials shall be handled and disposed of in accordance with paragraph (J) of rule 1501:13-9-14 and paragraph (J) of rule 1501:13-9-04 of the Administrative Code. The chief may specify additional measures which shall be adopted by the person engaged in coal exploration operations.

(K) If explosives are to be used in connection with a coal exploration permit, the explosives shall be used in accordance with rule 1501:13-9-06 of the Administrative Code.

(L) Notification of completion of coal exploration. The person conducting the coal exploration operations shall notify the chief:

(1) Upon completion of the exploration; and

(2) Upon completion of the reclamation of the area after exploration.

Last updated February 27, 2023 at 9:57 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-10-01

(A) Road classification system.

(1) Each road shall be classified as either a primary road or a secondary road.

(2) A "primary road" is any road which is:

(a) Used for transporting coal or spoil;

(b) Frequently used for access or other purposes for a period in excess of six months; or

(c) To be retained for an approved postmining land use.

(3) A "secondary road" is any road not classified as a primary road.

(B) Performance standards. Primary and secondary roads shall be located, designed, constructed, reconstructed, used, maintained and reclaimed so as to:

(1) Control or prevent erosion, siltation and the air pollution attendant to erosion, including road dust as well as dust occurring on other exposed surfaces, by measures such as vegetating or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices;

(2) Control or prevent damage to fish, wildlife, or their habitat and related environmental values;

(3) Control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;

(4) Neither cause nor contribute to, directly or indirectly, the violation of state or federal water quality standards applicable to receiving waters;

(5) Minimize the diminution to or degradation of the quality or quantity of surface- and ground-water systems;

(6) Refrain from significantly altering the normal flow of water in streambeds or drainage channels;

(7) Prevent or control damage to public or private property; and

(8) Use nonacid- or nontoxic-forming substances in road surfacing.

(C) Design and construction limits and establishment of design criteria. To ensure environmental protection and safety appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, culvert size, and any necessary design criteria established by the chief.

(D) Location.

(1) No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the chief in accordance with paragraphs (A), (B), (E), (F), (J), (K) and (M) of rule 1501:13-9-04 of the Administrative Code.

(2) Roads shall be located to minimize downstream sedimentation and flooding.

(E) Maintenance.

(1) A road shall be maintained throughout the life of the permit to meet the performance standards of this rule and any additional criteria specified by the chief.

(2) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as practical after the damage has occurred.

(F) Reclamation. A road not to be retained for use under an approved postmining land use shall be reclaimed immediately after it is no longer needed for mining and reclamation operations, including:

(1) Closing the road to traffic;

(2) Removing all bridges and culverts;

(3) Restoring the natural drainage patterns;

(4) Reshaping all cut and fill slopes to be compatible with the postmining land use and to complement the drainage pattern of the surrounding terrain;

(5) Scarifying or ripping the road bed, replacing topsoil and revegetating disturbed surfaces in accordance with rules 1501:13-9-03 and 1501:13-9-15 of the Administrative Code; and

(6) Removing or otherwise disposing of road-surfacing materials that interfere with the postmining land use.

(G) Primary roads. In addition to paragraphs (A) to (F) of this rule, primary roads shall meet the requirements of paragraph (G) of this rule.

(1) Certification.

(a) The plans and drawings of primary roads shall be prepared by, or under the direction of, an engineer, and shall be certified by an engineer, or jointly by an engineer and a surveyor to the extent such joint certification is permitted by state law, as meeting: the requirements of Chapters 1501:13-1 to 1501:13-14 of the Administrative Code; current, prudent engineering practices; and any design criteria established by the chief.

(b) The construction or reconstruction of primary roads shall be certified in a report to the chief by an engineer or a surveyor, or jointly by an engineer and a surveyor to the extent required by state law, as having been completed as designed and in accordance with the approved plan.

(2)

(a) Location. To minimize erosion, a primary road is to be located, insofar as practical, on the most stable available surfaces.

(b) Stream fords by primary roads are prohibited unless they are specifically approved by the chief as temporary routes during periods of construction.

(3) Stability. Each primary road embankment shall have a minimum static safety factor of 1.3 or be designed in accordance with paragraph (M)(2) of rule 1501:13-4-05 or paragraph (L)(2) of rule 1501:13-4-14 of the Administrative Code.

(4) Drainage control.

(a) Each primary road shall be designed, constructed or reconstructed, and maintained to have adequate drainage control, using structures such as, but not limited to, bridges, ditches, cross drains, and ditch relief drains. The drainage control system shall be designed to pass the peak runoff safely from a ten-year, six-hour precipitation event or greater event, as specified by the chief.

(b) Drainage pipes and culverts shall be constructed to avoid plugging or collapse and erosion at inlets and outlets.

(c) Drainage ditches shall be designed to prevent uncontrolled drainage over the road surface and embankment. Trash racks and debris basins shall be installed in the drainage ditches where debris from the drainage area may impair the functions of drainage and sediment control structures.

(d) Culverts shall be designed, installed, and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road.

(e) Natural stream channels shall not be altered or relocated without the prior approval of the chief in accordance with rule 1501:13-9-04 of the Administrative Code.

(f) Except as provided in paragraph (G)(2)(b) of this rule, drainage structures for stream channel crossings shall be made using bridges, culverts or other structures designed, constructed, and maintained using current, prudent engineering practices.

(5) Surfacing. Primary roads shall be surfaced with rock, crushed gravel, asphalt, or other material approved by the chief as being sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road.

(6) Maintenance. Routine maintenance of primary roads shall include repairs to the road surface, blading, filling potholes and adding replacement gravel or asphalt. It shall also include revegtation, brush removal, and minor reconstruction of road segments as necessary.

Last updated February 27, 2023 at 10:00 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-04

(A) General. Mining shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance in both the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the requirements of mining and reclamation rules. The chief may require additional preventive, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.

(B) Water quality standards and effluent limitations.

(1) All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area until vegetation is established, at which time vegetation of the area may be the best technology currently available, provided that drainage from the area:

(a) Meets effluent limitations; and

(b) Does not contribute suspended solids to streamflow.

(2) Sedimentation ponds and other treatment facilities shall be maintained until the quality of the untreated drainage from the disturbed area meets the applicable state and federal water quality standard requirements.

(3) The chief may grant exemptions from the requirements of paragraph (B)(1) of this rule only when:

(a) The chief determines that the disturbed drainage area relative to the total disturbed area is small;

(b) Alternative sediment control measures are provided, if required by the chief; and

(c) The operator demonstrates that the drainage from the disturbed area will meet the effluent limitations of mining and reclamation rules.

(4) For the purposes of this rule only, "disturbed area" shall not include those areas in which only diversion ditches, sedimentation ponds, or roads are installed in accordance with this rule and rule 1501:13-10-01 of the Administrative Code and the upstream area is not otherwise disturbed by the person who conducts coal mining operations.

(5) Before mining commences in any watershed:

(a) A proper sediment control system including sedimentation ponds, diversions, and other treatment methods shall be constructed; and

(b) Upon completion of construction, this sediment control system shall be certified by an engineer or jointly by an engineer and a surveyor, to the extent such joint certification is required or permitted by the chief, as meeting the dimensions and design criteria set forth in the engineering plans, drawings, and design details submitted as part of the application for a permit.

(6) Point source discharge of water from areas disturbed by coal mining operations shall be made in compliance with effluent limitations of all applicable federal and state laws and regulations. All other surface drainage shall not cause additional contributions of suspended solids to streamflows.

(7) Where the sedimentation pond or series of sedimentation ponds is used so as to result in the mixing of drainage from the disturbed areas with drainage from other areas not disturbed by current surface coal mining and reclamation operations, the permittee shall achieve the effluent limitations for all of the mixed drainage when it leaves the permit area.

(C) All facilities utilized by an operator to achieve compliance with federal and state water quality laws shall be properly installed, maintained and operated so that they will perform the functions for which they were designed, and shall be removed in accordance with this rule when no longer needed, unless they have been approved as part of the postmining land use.

(D) Sediment control measures.

(1) The purpose of this rule is to meet the applicable state and federal effluent limitations by means of a combination of sediment control measures which, taken together, comprise a complete sediment control system.

(2) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:

(a) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;

(b) Meet the more stringent of applicable state or federal effluent limitation; and

(c) Minimize erosion to the extent possible.

(3) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to:

(a) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling and grading, and prompt revegetation as required in rule 1501:13-9-15 of the Administrative Code.

(b) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of rule 1501:13-9-14 of the Administrative Code;

(c) Retaining sediment within disturbed areas;

(d) Diverting runoff away from disturbed areas;

(e) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;

(f) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and

(g) Treating with chemicals.

(E) Stream buffer zones.

(1) No land within one hundred feet, measured horizontally, of a perennial or intermittent stream shall be disturbed unless the chief specifically authorizes coal mining operations closer to or through such a stream. The chief may authorize such operations only upon making a finding under both paragraphs (E)(1)(a) and (E)(1)(b) of this rule or under paragraph (E)(1)(c) of this rule:

(a) The operations will not cause or contribute to the violation of applicable state or federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(b) If there will be a temporary or permanent stream channel diversion, it will comply with paragraph (F) of this rule; or

(c) If restoration of a stream or a portion of a stream on the permit area is not possible, restoration off the permit area by means of mitigation has been approved by the chief under rule 1501:13-13-08 of the Administrative Code.

(2) The area not to be disturbed shall be described as a buffer zone, and the operator shall mark it as specified by paragraph (E) of rule 1501:13-9-01 of the Administrative Code.

(F) Diversions.

(1) General requirements.

(a) With the approval of the chief, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of paragraph (G) of this rule for siltation structure removal, may be diverted away from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the chief under paragraph (Q) of this rule.

(b) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to:

(i) Be stable;

(ii) Provide protection against flooding and resultant damage to life and property;

(iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and

(iv) Comply with all applicable local, state, and federal laws and regulations.

(c) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with these rules. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.

(d) The chief may specify design criteria for diversions to meet the requirements of this rule.

(2) Diversion of perennial and intermittent streams.

(a) Diversion of perennial and intermittent streams within the permit area may be approved by the chief after making the finding relating to stream buffer zones that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream.

(b) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a ten-year, six hour precipitation event for a temporary diversion and a one-hundred-year, six hour precipitation event for a permanent diversion.

(d) A permanent stream-channel diversion or a stream channel restored after the completion of mining shall be designed and constructed using natural channel design techniques so as to restore or approximate the premining characteristics of the original stream channel, including the natural riparian vegetation and the natural hydrological characteristics of the original stream, to promote the recovery and enhancement of the aquatic habitat and to minimize adverse alteration of stream channels on and off the site, including channel deepening or enlargement, to the extent possible.

(e) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by an engineer as meeting the performance standards of Chapter 1501:13-9 of the Administrative Code and any design criteria set by the chief.

(3) Diversion of miscellaneous flows.

(a) Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the chief. Miscellaneous flows shall include ground-water discharges and ephemeral streams.

(b) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in paragraph (F)(1) of this rule.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a two-year, six hour precipitation event for a temporary diversion and a ten-year, six hour precipitation event for a permanent diversion.

(G) Siltation structures.

(1) Definitions. For the purposes of this rule only:

(a) "Siltation structure" means a sedimentation pond, a series of sedimentation ponds, or other treatment facility;

(b) "Disturbed" area shall not include those areas:

(i) In which the only surface mining operations include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with mining and reclamation rules; and

(ii) For which the upstream area is not otherwise disturbed by the operator; and

(c) "Other treatment facility" means any chemical treatment, such as flocculation, or mechanical structure, such as a clarifier, that has a point-source discharge and that is utilized to prevent additional contribution of suspended solids to streamflow or runoff outside the permit area.

(2) General requirements.

(a) Additional contributions of suspended solids to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.

(b) All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (B)(3) or (G)(2)(e) of this rule.

(c) Siltation structures for an area shall be constructed before beginning any surface mining operations in that area and, upon construction, shall be certified by an engineer as being constructed as designed and as approved in the reclamation plan.

(d) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with paragraph (H) of this rule.

(e) Siltation structures shall be maintained until removal is authorized by the chief and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than two years after the last augmented seeding, unless, after vegetation is established, the operator demonstrates and the chief approves under paragraph (E)(1)(g) of rule 1501:13-4-05 or paragraph (E)(1)(f) of rule 1501:13-4-14 of the Administrative Code alternative methods of sediment control as the best technology currently available.

(f) When a siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and rule 1501:13-9-15 of the Administrative Code.

(3) Sedimentation ponds.

(a) When used, sedimentation ponds shall:

(i) Be used individually or in series;

(ii) Be located as near as possible to the disturbed area and out of perennial streams unless approved by the chief; and

(iii) Be designed, constructed, and maintained to:

(a) Provide adequate sediment storage volume;

(b) Provide adequate detention time to allow the effluent from the ponds to meet state and federal effluent limitations;

(c) Contain or treat the ten-year twenty-four hour precipitation event ("design event") unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and on a demonstration by the operator that the effluent limitations of this rule will be met;

(d) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraph (G)(3)(a)(iii)(b) of this rule;

(e) Minimize, to the extent possible, short circuiting;

(f) Provide periodic sediment removal sufficient to maintain adequate volume for the design event;

(g) Ensure against excessive settlement;

(h) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal-mine waste; and

(i) Be compacted properly.

(4) Other treatment facilities.

(a) Other treatment facilities shall be designed to treat the ten-year, twenty-four-hour precipitation event unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and a demonstration by the operator that the effluent limitations of this rule will be met.

(b) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph (G)(3) of this rule.

(H) Impoundments.

(1) General requirements. The requirements of paragraph (H)(1) of this rule apply to both temporary and permanent impoundments.

(a) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S. department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, (which is hereby incorporated by reference) shall comply with the design and construction requirements of paragraph (H) of this rule and either paragraphs (H)(1) and (H)(2) of rule 1501:13-4-05 or paragraphs (H)(1) and (H)(2) of rule 1501:13-4-14 of the Administrative Code. Copies of technical release TR-210-60 may be obtained from the "USDA Natural Resources Conservation Service eDirectives" webpage, https://directives.sc.egov.usda.gov/. Copies can be inspected at the division of mineral resources management headquarters office at 2045 Morse road, building H, Columbus, Ohio 43229.

(b) Design certification. The design of impoundments shall be certified in accordance with rule 1501:13-4-05 or 1501:13-4-14 of the Administrative Code as designed to meet the requirements of this rule using current, prudent, engineering practices and any design criteria established by the chief.

(c) Stability.

(i) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.

(ii) Impoundments not meeting the criteria of paragraph (H)(1)(c)(i) of this rule, except for coal mine waste impounding structures, shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions or be designed in accordance with paragraph (H)(2)(c) of rule 1501:13-4-05 or paragraph (H)(2)(c) of rule 1501:13-4-14 of the Administrative Code.

(d) Freeboard. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall comply with the freeboard hydrograph criteria in "Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria" in technical release TR-210-60.

(e) Foundation.

(i) Foundation and abutments for the impounding structure shall be designed to be stable under all conditions of construction and operation of the impoundment. For impoundments meeting the size or other criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60, sufficient foundation investigations as well as any necessary laboratory testing shall be performed in order to determine the design requirements for foundation stability.

(ii) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.

(f) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.

(g) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.

(h)

(i) An impoundment meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a one-hundred-year, six-hour precipitation event, or greater event as specified by the chief.

(ii) An impoundment not meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a twenty-five-year, six-hour precipitation event, or greater event as specified by the chief.

(iii) An impoundment meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass the design precipitation event using the auxiliary spillway hydrograph criteria in "Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria" in technical release TR-210-60, or greater event specified by the chief.

(iv) Impoundments may use a single open-channel spillway designed and constructed according to paragraph (H)(1)(h)(i), (H)(1)(h)(ii), or (H)(1)(h)(iii) of this rule if the spillway:

(a) Is of nonerodible construction and designed to carry sustained flows; or

(b) Is earth- or grass-lined and designed to carry short-term infrequent flows at nonerosive velocities where sustained flows are not expected.

(i) The vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of highwall to provide adequate safety and access for the proposed water users. For permanent impoundments, the vertical portion of the remaining highwall shall also meet the requirements of paragraph (H)(2)(d) of this rule.

(j) Inspections. An engineer or other qualified professional specialist, under the direction of the engineer, shall inspect the impoundment. The engineer or specialist shall be experienced in the construction of impoundments.

(i) Inspections shall be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance security.

(ii) The engineer shall promptly, after each inspection, provide to the chief a certified report that the impoundment has been constructed and maintained as designed in accordance with the approved plan and these rules. The report shall include discussion of any appearances of instability, structural weakness or other hazardous conditions, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation and any other aspects of the structure affecting stability.

(iii) A copy of the report shall be retained at or near the minesite.

(k) Impoundments meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 or subject to 30 C.F.R. 77.216 must be examined in accordance with 30 C.F.R. 77.216-3. Other impoundments shall be examined for appearance of structural weakness and other hazardous conditions at least quarterly by a qualified person designated by the operator.

(l) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the chief of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the chief shall be notified immediately. The chief shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(2) Permanent impoundments. A permanent impoundment of water may be created if authorized by the chief in the approved permit based upon the following demonstration:

(a) The size and configuration of such impoundment will be adequate for its intended purposes;

(b) The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet applicable state and federal water quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable state and federal water quality standards;

(c) The water level will be sufficiently stable and be capable of supporting the intended use;

(d) Final grading will provide for adequate safety and access for proposed water users. For impoundments where the vertical portion of a highwall remains, the vertical portion shall be located at least eight feet below the low-water line;

(e) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses;

(f) The impoundment will be suitable for the approved postmining land use;

(g) The reduced portion of any highwall shall have a final slope appropriate for the postmining land use and shall have a minimum static safety factor of 1.3; and

(h) The face of the reduced portion of any highwall shall be vegetated with species appropriate for the postmining land use.

(3) Temporary impoundments. The chief may authorize the construction of temporary impoundments as part of a mining operation.

(4) Sumps.

(a) Definitions. "Sump" means an excavated temporary impoundment:

(i) Used as:

(a) A secondary structure which discharges into a sedimentation pond, provided the sedimentation pond, in combination with the sump and any other sediment control measures used, achieves the applicable state and federal effluent limitations; or

(b) A primary structure to control the runoff from roads or small drainage exemption areas provided by paragraph (B)(3) of this rule; and

(ii) That has a volume which is compatible with its role within the complete sediment control system.

(b) Sumps are exempt from the requirements of paragraphs (H)(1) to (H)(3) of this rule.

(c) Sump designs shall include size and spillway information and shall address the stability of the structure with respect to public health and safety.

(d) Sumps shall be constructed and maintained to prevent, to the extent possible, additional contributions of suspended solids to runoff outside the permit area.

(e) Before a sump becomes full of sediment, the sediment shall be removed, and the original sump capacity restored.

(I) Discharge structures. Discharges from sedimentation ponds, permanent and temporary impoundments, mine waste disposal areas, and diversions shall be controlled by energy dissipators, riprap channels, and other devices where necessary to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbances to the hydrologic balance. Discharge structures shall be designed according to standard engineering design procedures.

(J) Acid-forming and toxic-forming spoil. Drainage from acid-forming and toxic-forming mine waste materials and spoils into ground and surface water shall be avoided by:

(1) Identifying, burying, and treating where necessary spoil or other materials that, in the judgment of the chief, may be detrimental to vegetation or may adversely affect water quality if not treated or buried;

(2) Preventing water from coming into contact with acid-forming and toxic-forming materials in accordance with paragraph (J) of rule 1501:13-9-14 of the Administrative Code, and other measures as required by the chief; and

(3) Burying or otherwise treating all acid-forming or toxic-forming spoil within thirty days after it is first exposed on the mine site, or within a lesser period designated by the chief. Temporary storage of the spoil may be approved by the chief upon finding that burial or treatment within thirty days is not feasible and will not result in any material risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water.

(K) Ground-water protection.

(1) Backfilled materials shall be placed so as to minimize contamination of ground-water systems with acid, toxic, or otherwise harmful mine drainage, minimize adverse effects of mining on ground-water systems outside the permit area, and to support approved postmining land uses.

(2) To control the effects of mine drainage, pits, cuts, and other mine excavations or disturbances shall be located, designed, constructed, and utilized in such manner as to prevent or control discharge of acid, toxic, or otherwise harmful mine drainage waters into ground-water systems and to prevent adverse impacts on such ground-water systems or on approved postmining land uses.

(L) Protection of ground-water recharge capacity. Other than underground mining operations, all coal mining operations shall be conducted in a manner that facilitates reclamation which will restore approximate premining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding coal processing waste and underground development waste disposal areas and fills, to transmit water to the ground-water system. The recharge capacity shall be restored to a condition which:

(1) Supports the approved postmining land use;

(2) Minimizes disturbances to the prevailing hydrologic balance in the permit and adjacent areas; and

(3) Provides a rate of recharge that approximates the premining recharge rate.

(M) Surface water protection. In order to protect the hydrologic balance, mining operations shall be conducted according to the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code, and the following:

(1) Surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage, prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area, and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this rule, then the operator shall use and maintain the necessary water-treatment facilities or water quality controls.

(2) Surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(N) Surface and ground-water monitoring.

(1) Ground-water monitoring.

(a) Surface mining operators shall monitor ground-water levels and the quality of ground water at least quarterly or more frequently as prescribed by the chief, in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-05 of the Administrative Code, to determine the effects of the coal mining operations on the recharge capacity of reclaimed lands and on the quality and quantity of water in ground-water systems in the permit and adjacent areas.

(i) Monitoring shall include measurements from a sufficient number of wells and springs that are adequate to reflect changes in ground-water quality and quantity resulting from those operations.

(ii) Monitoring shall be adequate to plan for modification of coal mining operations, if necessary, to minimize disturbance of the prevailing hydrologic balance.

(iii) As specified and approved by the chief, the person who conducts surface mining operations shall conduct additional hydrologic tests, including drilling, infiltration tests, and aquifer tests and shall submit the results to the chief, to demonstrate compliance with paragraphs (K) to (N) of this rule.

(b) Underground mining operators shall monitor, at least quarterly or more frequently as prescribed by the chief, the quality and quantity of ground water in the permit and adjacent areas in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-14 of the Administrative Code. Monitoring of an area shall begin one year before the area is mined, shall continue during mining, and shall continue for at least one year after the area is mined, unless the chief determines that monitoring for a shorter period will allow accurate assessment of the impacts on the ground water of the area.

(c) Ground-water monitoring shall result in quarterly or more frequent reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation shall be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(2) Surface-water monitoring.

(a) All surface and underground mining operators shall monitor pond discharges for the national pollutant discharge elimination system (NPDES) permit quarterly in accordance with the monitoring plan submitted under either paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality of the discharges from the permit area;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition or applicable standard within five days of receipt of such results. If there is a failure to comply with an effluent limitation set forth in a NPDES permit, the person who conducts coal mining operations shall forward the analytical results concurrently with the written notice of non-compliance; and

(iii) Result in quarterly reports to the chief submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(b) The chief may require additional surface-water monitoring to be conducted quarterly on the permit or adjacent areas in accordance with the monitoring plans submitted under paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. The chief shall determine the nature of the data and reporting requirements. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition within five days of receipt of such results; and

(iii) Result in quarterly reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(3) Duration of and modifications to monitoring.

(a) Monitoring for ground water and surface water shall be conducted throughout mining and reclamation until final performance security release unless the chief determines, pursuant to paragraph (N)(3)(b)(ii) of this rule, that monitoring is no longer necessary.

(b) Any modification of the monitoring requirements of paragraph (N) of this rule, including the parameters covered and the sampling frequency, shall be made by means of a permit revision pursuant to paragraph (E) of rule 1501:13-4-06 of the Administrative Code. A permit revision may be obtained pursuant to this paragraph if the operator demonstrates, using the monitoring data of this rule, that:

(i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area, water quantity and quality are suitable to support approved postmining land uses, and the water rights of other users have been protected or replaced; or

(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under paragraph (F) of rule 1501:13-4-05 or paragraph (F) of rule 1501:13-4-14 of the Administrative Code.

(O) Transfer of wells. Before final release of performance security, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with rule 1501:13-9-02 of the Administrative Code. With the prior approval of the chief, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with state and local law and the permittee shall remain responsible for the proper management of the well in accordance with rule 1501:13-9-02 of the Administrative Code until performance security release.

(P) Water rights and replacement.

(1) Any person who conducts coal mining operations shall:

(a) Replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been affected by contamination, diminution, or interruption proximately resulting from the coal mining operations; and

(b) Reimburse the owner for the reasonable cost of obtaining a water supply from the time of the contamination, diminution or interruption by the operation until the water supply is replaced.

(2) The hydrologic information required in paragraphs (B) to (G) of rule 1501:13-4-04 or paragraphs (B) to (G) of rule 1501:13-4-13 of the Administrative Code shall, at a minimum, be used to determine the extent of the impact of mining on ground and surface water.

(Q) Discharge of water into underground mines.

(1) Discharges into an underground mine are prohibited, unless specifically approved by the chief after a demonstration that the discharge will:

(a) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from surface mining operations;

(b) Not result in a violation of applicable water quality standards or effluent limitations;

(c) Be at a known rate and quality which shall meet the effluent limitations of this rule for pH and total suspended solids, except that the pH and total suspended solids limitations may be exceeded, if approved by the chief; and

(d) Meet with the approval of MSHA.

(2) Discharges shall be limited to the following:

(a) Water;

(b) Coal processing waste;

(c) Fly ash from a coal-fired facility;

(d) Sludge from an acid-mine-drainage treatment facility;

(e) Flue-gas desulfurization sludge;

(f) Inert material used for stabilizing underground mines; and

(g) Underground mine development wastes.

(R) Postmining rehabilitation of sedimentation ponds, diversions, impoundments and treatment facilities. Before abandoning a permit area or seeking performance security release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of these rules for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structure if necessary to meet requirements of these rules and to conform to the approved reclamation plan.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:04 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-02

(A) General requirements. Each exploration hole, other drill or borehole, shaft, well, or other exposed mine opening shall be cased, sealed, or otherwise managed, as approved by the chief, to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery in the permit and adjacent areas. If these openings are uncovered or exposed by coal mining activities within the permit area, they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the chief. Use of a drilled and cased hole or borehole or monitoring well as a water well must meet the provisions of rule 1501:13-9-04 of the Administrative Code. This rule does not apply to holes solely drilled and used for blasting.

(B) Temporary sealing of drilled holes.

(1) For all coal mining operations, each exploration hole, other drill or boreholes, wells, and other exposed openings which have been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor ground water conditions, shall be temporarily sealed before use and protected during use by barricades, fences, or other protective devices approved by the chief. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the coal mining activities.

(2) For underground mining operations only, each mine entry which is temporarily inactive, but has a further projected useful service under the approved permit application, shall be protected by barricades or other covering devices, fenced, and posted with signs, to prevent access into the entry and to identify the hazardous nature of the opening. These devices shall be periodically inspected and maintained in good condition by the person who conducts the underground mining activities.

(C) Permanent sealing of drilled holes. When no longer needed for monitoring or other use approved by the chief, upon a finding by the chief of no adverse environmental or health and safety effect, or unless approved for transfer as a water well under rule 1501:13-9-04 of the Administrative Code, each exploration hole, other drilled hole or borehole, well, and other exposed opening, and for underground mining operations each shaft, drift, adit, tunnel, exploratory hole, entryway or other opening to the surface from underground, shall be capped, sealed, backfilled, or otherwise properly managed, as required by the chief under paragraph (A) of this rule. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters.

Last updated February 27, 2023 at 9:57 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-14

(A) In order to achieve the approximate original contour, the operator shall, as provided by this rule, transport, backfill, compact where advisable to ensure stability or to prevent leaching of toxic materials, and grade all spoil material to eliminate all highwalls, spoil piles, and depressions. Where highwalls are reduced by blasting, all of the provisions of this rule will apply. Small depressions may be left if compatible with the future land use and comply with the requirements of this rule. Cut and fill terraces may be used only in those situations expressly identified in this rule. The postmining graded slopes must approximate the premining natural slopes in the area in accordance with paragraphs (B) and (C)(1) of this rule, except as provided under paragraph (L) of this rule.

(B) Slope measurements.

(1) To determine the natural slopes of the area before mining, representative slopes must be accurately measured and recorded.

(a) Each slope measurement shall be taken along the prevailing slope extending one hundred linear feet above and below or beyond the coal outcrop or the area to be disturbed, or, where this is impractical, at locations specified by the chief.

(b) Where the area has been previously mined, the measurements shall be representative of the premining configuration of the land.

(c) Slope measurements shall take into account natural variations in slope so as to provide accurate representation of the range of natural slopes and shall reflect geomorphic differences of the area to be disturbed.

(2) After the disturbed area has been graded, the final graded slopes shall be measured, comparing the premining slope measurements as shown on the application map.

(3) Slope measurements shall be subject to a five-degree tolerance unless otherwise specified by the chief, provided that this tolerance does not conflict with the approved postmining land use.

(C) Final graded slopes.

(1) The final graded slopes shall not exceed either the approximate premining slopes as determined according to paragraph (B) of this rule and approved by the chief or any lesser slope specified by the chief based on consideration of soil, climate, or other characteristics of the surrounding area. Proof of a minimum long-term static safety factor of 1.3 for the final slopes may be required by the chief. Final graded slopes shall not exceed the angle of repose or such lesser slope as is necessary to achieve this minimum long-term static safety factor and to prevent slides. Postmining final graded slopes need not be uniform.

(2) On approval by the chief and in order to conserve soil moisture, ensure stability, and control erosion on final grade slopes, cut and fill terraces may be allowed if the terraces are compatible with the postmining land use approved under rule 1501:13-9-17 of the Administrative Code, and are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces shall meet the following requirements:

(a) The design and construction is to be certified by an engineer;

(b) The slope of the terrace outslope shall not exceed fifty per cent; and

(c) No highwalls may be left.

(3) All operations on natural slopes of more than twenty degrees or on such lesser slopes as the chief defines as a steep slope shall meet the provisions of rule 1501:13-13-05 of the Administrative Code.

(D) Spoil, except excess spoil disposed of in accordance with rule 1501:13-9-07 of the Administrative Code, shall be returned to the mined-out area or used in accordance with paragraph (E) of this rule for blending to restore approximate original contour.

(E) Blending of spoil. Spoil may be placed on the area outside the mined-out area in nonsteep slope areas within the limits of the approximate original contour by blending the spoil into the surrounding terrain provided all the following requirements are met:

(1) All vegetative and organic material shall be removed from the area;

(2) The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with rule 1501:13-9-03 of the Administrative Code; and

(3) The spoil area shall be backfilled and graded on the area in accordance with the requirements of this rule.

(F) Mountaintop removal. The requirements of this paragraph and of rule 1501:13-13-04 of the Administrative Code shall apply to coal mining operations which remove entire coal seams in the upper part of a mountain, ridge, or hill by removing all of the overburden. Final graded top plateau slopes on the mined area shall be less than twenty per cent so as to create a level plateau or gently rolling configuration and the outslopes of the plateau shall not exceed fifty per cent or such lesser slopes as the chief shall prescribe. Although the area need not be restored to approximate original contour, all highwalls, spoil piles, and depressions except as provided in paragraphs (G) and (H) of this rule shall be eliminated. All mountaintop removal operations shall, in addition, meet the provisions of rule 1501:13-13-04 of the Administrative Code.

(G) Small depressions. The requirement of this rule to achieve the approximate original contour does not prohibit construction of small depressions if they are approved by the chief to minimize erosion, conserve soil moisture, promote revegetation, or enhance fish and wildlife. These depressions shall be compatible with the approved postmining land use and shall not be inappropriate substitutes for construction of lower grades on the reclaimed lands. The total surface area and the holding capacity of the depression shall be approved by the chief. Permanent impoundments shall be governed by paragraph (H) of this rule and by rule 1501:13-9-04 of the Administrative Code.

(H) Permanent impoundments. Permanent impoundments may be retained in mined and reclaimed areas provided all highwalls are eliminated by grading to appropriate contour and the provisions for postmining land use pursuant to rule 1501:13-9-17 of the Administrative Code and protection of the hydrologic balance pursuant to rule 1501:13-9-04 of the Administrative Code are met. No impoundments shall be constructed on top of areas in which excess spoil is deposited pursuant to rule 1501:13-9-07 of the Administrative Code.

(I) Regrading or stabilizing rills and gullies. Rills and gullies which form in regraded, topsoiled areas shall be filled, regraded or otherwise stabilized and have the topsoil replaced and the areas reseeded or replanted, when the rills and gullies either:

(1) Disrupt the approved postmining land use or the reestablishment of the vegetative cover; or

(2) Cause or contribute to a violation of water quality standards.

(J) Covering or otherwise treating coal and acid-forming, toxic-forming, combustible, and other waste materials; stabilizing backfilled materials; and using waste material for fill.

(1) Covering all exposed coal seams remaining after mining. Any acid-forming, toxic-forming or combustible materials, or any other waste materials exposed, used, or produced from a coal mining operation shall be:

(a) Placed in such a manner so as to:

(i) Isolate said materials to minimize contact with water;

(ii) Prevent combustion; and

(iii) Prevent adverse effects on plant growth and land use;

(b) Placed in such a manner so as not to be in proximity to a drainage course; and

(c) Covered with four feet of nontoxic and noncombustible material or treated to a nontoxic and noncombustible state. The chief may allow less than four feet of cover material based on physical and chemical analyses which show the requirements of rule 1501:13-9-15 of the Administrative Code will be met.

(2) Stabilization. Backfilled materials shall be selectively placed and compacted wherever necessary to prevent leaching of acid- or toxic-forming materials into surface or subsurface waters in accordance with rule 1501:13-9-04 of the Administrative Code and wherever necessary to ensure the stability of the backfilled materials. The method of compacting material and the design specifications shall be approved by the chief before the acid- or toxic-forming materials are covered.

(3) Use of waste materials as fill. Coal mine wastes may be disposed of in the mined-out area only if disposed of in accordance with paragraphs (A) and (B) of rule 1501:13-9-09 of the Administrative Code, except that a long-term static safety factor of 1.3 shall be achieved.

(K) Grading along the contour. All final grading, preparation of overburden before replacement of topsoil, and placement of topsoil in accordance with rule 1501:13-9-03 of the Administrative Code, shall be done along the contour to minimize subsequent erosion and instability. If such grading, preparation or placement along the contour would be hazardous to equipment operators, then grading, preparation, or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation, or placement shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.

(L) The postmining slope may vary from the approximate original contour when approval is obtained from the chief for:

(1) Mountaintop removal operations in accordance with paragraph (C) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of paragraph (F) of this rule and of rule 1501:13-13-04 of the Administrative Code are met;

(2) A variance from approximate original contour requirements in accordance with paragraph (E) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of rule 1501:13-13-05 of the Administrative Code are met; or

(3) Incomplete elimination of highwalls in previously mined areas in accordance with paragraph (K) of rule 1501:13-4-12 of the Administrative Code, provided the following performance standards are met. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

(a) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the highwall. The area of reasonably available spoil shall be included within the permit area;

(b) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability;

(c) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the chief, that the highwall remnant is stable;

(d) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment; and

(e) For auger mining operations, the following additional requirements shall be met:

(i) The coal seam mined shall be covered with a minimum of four feet of nonacid-, nontoxic-forming material; and

(ii) The person who conducts the auger mining operation shall demonstrate to the chief that the backfill, designed by an engineer, has a minimum static safety factor for the stability of the backfill of at least 1.3.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-9-06

(A) General.

(1) The provisions of this rule shall apply to all surface blasting operations, including surface blasting operations incident to underground mining, on all coal mining and reclamation operations and on coal exploration operations. For box or contour cuts associated with development of underground mine entries, this rule shall apply to all material above the coal seam to be mined. For vertical shafts and drift or slope entries associated with underground mining, this rule shall apply only to the first twenty-five feet of material excavated below or beyond the original ground surface or point of entry. Where the provisions of this rule are in conflict with the conditions described in a permittee's previously approved blasting plan, the provisions of this rule shall apply.

(2) Blasting operations shall be conducted in accordance with all applicable state and federal laws and regulations.

(3) For purposes of this rule, "certified blaster" shall mean a blaster who possesses a valid certificate obtained pursuant to rule 1501:13-9-10 of the Administrative Code and "certified mine foreperson" shall mean a mine foreperson who has a valid certification pursuant to Chapter 1561. of the Revised Code.

(4) Blasting operations shall be conducted only under the supervision of a certified blaster. A certified blaster and at least one other person shall be physically present at the detonation of a blast. Only a certified blaster, or a member of the blasting crew under the direct supervision of the certified blaster, may detonate a blast. Any certified blaster who is responsible for conducting blasting operations at a blasting site shall give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew or assist in the use of explosives.

(5) Certified blasters, and other persons responsible for blasting operations at a blasting site, shall review and know the permittee's blasting plan and site-specific blasting limitations. The permittee shall keep a copy of the blasting plan and the permit map at the permit site or at the mine office closest to the permit site for use by employees, contract blasters, and any other persons responsible for blasting operations.

(B) Anticipated blast design for special areas.

(1) The permittee or permit applicant must submit an anticipated blast design to the chief before blasting within:

(a) One thousand feet of any dwelling, public or commercial building, school, church, or community or institutional building; or

(b) Five hundred feet of an active or abandoned underground mine.

(2) The blast design must be submitted:

(a) As part of a permit application; or

(b) As a revision to the mining plan, at least sixty days prior to such blasting.

(3) The blast design shall contain sketches of the drill patterns, delay periods, and decking, and shall indicate the type and amount of explosives to be used, critical dimensions, initiation systems, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable flyrock, airblast, and ground vibration standards in paragraph (F) of this rule.

(4) The blast design shall be prepared by a certified blaster or by a blasting consultant, seismologist, or professional engineer who has been trained in current blasting technology and state and federal blasting laws and regulations. The blast design shall be reviewed, approved, and signed by a certified blaster who has knowledge of the site-specific blasting limitations.

(5) The chief may require revisions to the design submitted.

(C) Preblast survey.

(1) At least thirty days before initiation of blasting, the permittee or permit applicant shall notify, in writing, all residents or owners of dwellings or other structures located within one-half mile of the permit area, about how to request a preblast survey. Such notification shall include the statements that any preblast survey requested more than ten days before the planned initiation of blasting shall be completed before the initiation of blasting, and that the survey will be conducted at no cost to the resident or owner.

(2) A resident or owner of a dwelling or structure within one-half mile of the permit area may request a preblast survey. This request shall be made, in writing, directly to the permittee or permit applicant by certified mail, or by regular mail to the chief, who shall promptly notify the permittee or permit applicant by certified mail or by electronic mail with acknowledgment of receipt. Within forty-five days after a request is received, the permittee or permit applicant shall conduct a preblast survey of the dwelling or structure and prepare a written report of the survey. Where blasting has not yet begun on a new or proposed permit area, a modified time frame for completion of preblast surveys may be approved by the chief, upon written request to the chief, when circumstances warrant an extension of time. However, any preblast survey requested more than ten days before the planned initiation of blasting shall be completed before the initiation of blasting. An updated survey of any additions, modifications, or renovations shall be performed by the permittee or permit applicant if requested by the resident or owner.

(3) When conducting a preblast survey, the permittee or permit applicant shall determine the condition of the dwelling or structure and shall document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, oil and gas wells, cables, communication and transmission towers, transmission lines, and cisterns, wells, and other water systems warrant special attention; however, the assessment of these structures may be limited to surface conditions and other readily available data.

(4) The written report of the survey shall be signed by the person who conducted the survey. Copies of the report shall be provided to the resident or owner of the dwelling or structure, and to the chief. If the resident or owner disagrees with the contents or recommendations contained therein, he or she may submit to both the permittee or permit applicant and the chief a detailed description of the specific areas of disagreement.

(5) Whenever a permittee or permit applicant conducts a preblast survey of a dwelling or structure without receiving a written request to do so, a copy of the written report of the survey shall be given to the resident or the owner.

(D) Blasting schedule.

(1) Blasting shall be conducted between sunrise and sunset at times approved by the chief and announced in the blasting schedule. The chief may limit the time periods, area covered, and sequence of blasting as listed in the schedule, if such limitations are necessary and reasonable in order to protect the public health and safety or welfare.

(2) Unscheduled blasts may be conducted only in emergency situations where rain, lightning, other atmospheric conditions, or operator or public safety so requires. When an unscheduled blast is conducted, the certified blaster in charge shall document the reason for the unscheduled blast in the blast record required under paragraph (G) of this rule.

(3) At least ten days, but not more than ninety days, before initiation of blasting, the permittee or permit applicant shall publish the blasting schedule in a newspaper of general circulation in the locality of the blasting area, and distribute copies of the blasting schedule to local governments, public utilities, and each residence and occupied building within one-half mile of the proposed blasting area described in the schedule. A notarized proof of each publication of the blasting schedule required under this rule shall be sent to the division of mineral resources management district office having jurisdiction over the permit.

(4) The permittee shall republish and redistribute the schedule at least every twelve months, and revise, republish, and redistribute the schedule at least ten days, but not more than thirty days, before blasting whenever the area covered by the schedule changes or actual time periods for blasting significantly differ from the prior announcement.

(5) The blasting schedule shall contain, at a minimum:

(a) Name, address, and telephone number of the permittee or permit applicant;

(b) Permit number or application number, whichever is applicable;

(c) Identification of the specific areas where blasting will occur;

(d) Dates and time periods when blasting will occur;

(e) Methods to be used to control access to the blasting area;

(f) Type and patterns of audible warning and all-clear signals to be used before and after blasting; and

(g) A description of possible emergency situations (defined in paragraph (D)(2) of this rule) when an unscheduled blast may be necessary.

(6) Surface blasting incident to underground mining shall be exempt from the blasting schedule and publication requirements of paragraphs (D)(3), (D)(4), and (D)(5) of this rule if, instead, the underground mine permittee or permit applicant provides notice, in writing, to residents within one-half mile of the blasting site and local governments of the proposed times and locations of blasting operations. Such notice of blasting times and locations may be announced weekly, but in no case less than twenty-four hours before blasting will occur.

(E) Blasting signs, warnings, and access control.

(1) Blasting signs shall meet the specifications of rule 1501:13-9-01 of the Administrative Code.

(2) The permittee shall conspicuously place signs reading "BLASTING AREA" along the edge of any blasting area that comes within one hundred feet of any public road right-of-way, and at the edge of blasting areas along access and haul roads within the permit area.

(3) At all entrances to the permit area from any road, the permittee shall conspicuously place signs which state "WARNING! EXPLOSIVES IN USE" which clearly explain the meaning of the audible warning and all-clear signals in use, and the marking of blasting areas and charged holes awaiting firing within the permit area.

(4) For each blast, the certified blaster conducting the blast shall determine the limits of the blasting area and communicate those limits to the certified mine foreperson. The certified mine foreperson shall be responsible for controlling access to the blasting area to prevent the presence of livestock or unauthorized persons at least ten minutes before each blast, and until the certified blaster has determined that no unusual hazards, such as imminent slides or undetonated charges, exist, and access to and travel within the blasting area can safely resume. The certified mine foreperson shall not allow anyone to re-enter the designated blasting area until the certified blaster conducting the blast has contacted the certified mine foreperson, and the all-clear signal has been sounded. "Blasting area" means the area in which airblast (concussion or shock wave), flyrock, or other blasting hazards might cause injury to persons or damage to property. In determining the blasting area, the following factors shall be considered:

(a) Geology of the material to be blasted;

(b) Orientation of the blast bench and rock face(s);

(c) Blast pattern layout, delay system and timing;

(d) Burden, depth, diameter and angle of the blastholes;

(e) Blasting experience of the mine;

(f) Powder factor and pounds of explosives per delay;

(g) Type and amount of explosive material;

(h) Type and amount of stemming;

(i) Atmospheric conditions; and

(j) Topography.

(5) At least one minute, but not more than two minutes, before the detonation of a blast, the certified blaster in charge, or someone directed by the certified blaster, shall give an audible warning signal. If the blast is not detonated within two minutes of the audible warning signal, the warning signal shall be repeated as required by this paragraph before the blast is detonated. After the blast has been detonated and the certified blaster has confirmed that the blast area is safe to re-enter, an audible all-clear signal shall be given.

(6) Warning and all-clear signals, to be produced by an airhorn, siren or similar device, shall be audible to at least one-half mile from the blast site. "Blast site" means the area formed by the perimeter of the loaded blastholes and fifty feet in all directions from loaded blastholes. The warning signal shall consist of three long sounds, each lasting at least five seconds. The all-clear signal shall consist of one long sound lasting at least ten seconds.

(7) When blasting within one-half mile of any public or private institution such as a school or church in session, or a residential mental or physical health care facility, the permittee shall notify the institution by telephone or personal visit on the day of scheduled blasting at least one hour before each blast. This requirement shall not apply if the permittee submits to the chief a copy of a statement signed by the administrator of the institution, waiving the right to be notified.

(F) Control of adverse effects.

(1) Blasting shall be conducted in a manner to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of surface or ground water outside the permit area.

(2) Blasting shall not be conducted within:

(a) Three hundred feet of any public water tower or public reservoir dam, communication or high-voltage transmission tower, railroad tunnel or highway tunnel, public water or sewage line, or major oil or gas pipeline, except where written permission has been obtained from the controlling authority or owners thereof on a form prescribed by the chief or a letter attached to that form; or

(b) Five hundred feet of an active underground mine, except where written permission has been obtained from the owners thereof, and from all state and federal regulatory authorities concerned with the health and safety of underground miners, on a form prescribed by the chief or a letter attached to that form.

(3) "Flyrock," defined as rock, mud, or debris (excluding dust) traveling in the air or along the ground as a result of a blast, shall not be cast from the blast site beyond any of the following:

(a) One-half the horizontal distance to any dwelling or other occupied structure;

(b) The area of control required under paragraph (E)(4) of this rule; or

(c) The permit boundary.

(4) If flyrock is cast beyond the permit boundary, the certified blaster in charge shall notify the division of mineral resources management by telephone within two hours after learning of the flyrock incident, and submit a written flyrock incident report to the division of mineral resources management district office having jurisdiction over the permit area within three business days after learning of the incident. The permittee or certified blaster shall not conduct another blast directly beside or behind the blast site where the flyrock originated until the report is properly completed and the division of mineral resources management has acknowledged its receipt. The report shall include, at a minimum, a copy of the blast record required under paragraph (G) of this rule and all available seismographic data, a sketch of the blast site and rock deposition area, and a detailed explanation of: how the blast was designed and loaded; who witnessed the blast and where they were located and what they observed; the location and nature of the flyrock deposition (including property owners, type and approximate number of rocks, size and distance range), property damages (if any) and personal injuries (if any); what measures have been taken to repair all property damages (if any) and address all personal injuries (if any); the probable cause of the flyrock incident; and the corrective measures to be taken to prevent another flyrock incident.

(5) Airblast shall not exceed one hundred thirty-three decibels at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area, except as authorized under paragraph (F)(12) of this rule.

(a) If necessary to prevent damage, the chief shall specify lower maximum allowable airblast levels for use in the vicinity of a specific blasting operation.

(b) The permittee shall conduct periodic monitoring to ensure compliance with the airblast limits. The chief may require airblast measurement of any or all blasts, and may specify the locations at which such measurements are taken.

(6) In all blasting operations, except as authorized in paragraph (F)(12) of this rule, the maximum ground vibration shall not exceed the values specified in this rule or approved in the blasting plan required under paragraph (C) of rule 1501:13-4-05 or paragraph (C) of rule 1501:13-4-14 of the Administrative Code.

(a) The maximum ground vibration at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area shall be established in accordance with the frequency-dependent particle velocity limits of paragraph (F)(8) of this rule, or other limits imposed by the chief pursuant to paragraph (F)(10) of this rule.

(b) All other structures in the vicinity of the blasting area not listed in paragraph (F)(6)(a) of this rule, such as water towers, pipelines and other utilities, communication and transmission towers, tunnels, dams, impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the permittee in the blasting plan and approved by the chief.

(7) All seismographs used to prove compliance with the ground vibration and airblast limits required by this rule shall have seismic and acoustic systems with a minimum frequency range of two to two hundred fifty hertz, with accuracies that meet or exceed the performance specifications for blasting seismographs adopted by the international society of explosives engineers, "ISEE Performance Specifications for Blasting Seismographs 2017," available as a digital download from the "International Society of Explosives Engineers" at the website www.isee.org. The ground vibration shall be measured as the particle velocity and recorded in three mutually perpendicular directions. The maximum allowable frequency-dependent particle velocity limits and peak particle velocity limits in this rule shall apply in each of the three directions of measurement. Whenever possible, the seismographic measurement shall be made within ten feet of the building or structure being monitored, at the side or corner of the building or structure closest to the blast site. Otherwise, the seismograph may be placed at some point between the blast site and the building or structure to be protected.

(8) Ground vibration, when measured at any dwelling, public or commercial building, school, church or community or institutional building outside the permit area, shall not exceed the frequency-dependent particle velocity limits in the chart, below, from the U.S. bureau of mines (1980), "Report of Investigations 8507, Appendix B: Alternative Blasting Level Criteria." When applying the frequency-dependent particle velocity limits, the lower plateau at 0.50 inches per second shall apply at its corresponding frequencies, unless the permittee or permit applicant submits to the chief evidence to support application of the higher plateau at 0.75 inches per second, and the chief approves a blast plan modification to that effect.

(9) In lieu of the seismographic monitoring required by paragraph (F)(8) of this rule, the scaled distance equation, W = (D/90)², may be used to determine the maximum allowable charge weight of explosives that can be detonated within any period less than eight milliseconds, where W = the maximum weight of explosives, in pounds; D = the distance, in feet, from the nearest blasthole to the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area; and 90 is the applicable scaled distance factor.

(10) The chief shall reduce the maximum allowable ground vibration limits prescribed in paragraph (F)(8) of this rule, if determined necessary to prevent damage.

(11) The chief may require a permittee to conduct seismic monitoring of any or all blasts, and may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.

(12) The maximum airblast and ground vibration limits of paragraphs (F)(5) to (F)(8) of this rule shall not apply:

(a) At structures owned by the permittee and not leased to another person; and

(b) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the chief before blasting.

(13) Any person who operates a seismograph for the purpose of demonstrating compliance with the ground vibration and airblast limits of this rule shall have received appropriate training, for the specific seismograph model(s) in use, in: programming the seismograph(s) to record the blast; positioning the geophone and microphone; coupling the geophone to the ground; extracting the data after the blast in digital and printed form; and understanding the results. Such training shall be received from a representative of the seismograph manufacturer or distributor, or other competent person. A record of such training shall be maintained by the seismograph operator or his or her employer, and made available for inspection by the chief or his or her authorized representative upon request.

(G) Blast records.

(1) The permittee shall retain a record of all blasts for at least three years, and shall make copies of these records available for inspection upon request by the public, the chief or an authorized representative of the chief.

(2) Where blast records are normally kept at an office of the permittee not located on the permit site, the record for each blast shall be on file at that office within five business days after the blast is detonated.

(3) Blast records shall be accurately completed at the mine site by the certified blaster in charge, and shall contain the following data:

(a) Name of the permittee and permit number;

(b) Name of the firm conducting the blast, if different from the permittee;

(c) Location, date, and time of the blast;

(d) Printed name, signature, and certification number of the blaster conducting the blast and the name of each person on the blasting crew;

(e) Relative to the nearest blasthole, the identification of, distance to, direction to, and method used to determine the distance and direction to, the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area, except those structures described in paragraph (F)(12) of this rule. The direction shall be stated in degrees, as an azimuth from zero to three hundred sixty degrees. The distance shall be stated in feet, as derived from an aerial photo, a topographic map, conventional field measurement devices (e.g., measuring tape or transit), or electronic devices (e.g., laser-ranging or global positioning system units);

(f) Weather conditions, including temperature and approximate wind direction and velocity;

(g) Type of material blasted;

(h) Number, diameter, and depth of holes;

(i) Depth of subdrilling, where applicable;

(j) Burden and spacing dimensions;

(k) Type, manufacturer, and amount of explosives used, including bulk, bagged, or cartridged explosives, detonating cord, primers, and surface and in-hole delay detonators;

(l) Total weight of explosives used;

(m) Weight of explosives used per hole;

(n) Maximum number of holes and maximum weight of explosives detonated within any period less than eight milliseconds;

(o) The actual scaled distance factor, expressed as the distance, in feet, from the nearest blasthole to the nearest dwelling or building in paragraph (G)(3)(e) of this rule divided by the square-root of the maximum weight of explosives detonated in any period less than eight milliseconds;

(p) Type of initiation system used, including the type of blasting machine or other power source, and the types of trunkline and downline systems, if not readily apparent from other information in the blast record;

(q) Sequential timer setting, in milliseconds, if applicable;

(r) Type and length of stemming used per hole;

(s) Sketch of the blast pattern showing all holes, delay pattern (including initiation hole, hole-to-hole and row-to-row delay detonator locations and periods, where applicable, or electronically programmed hole and deck firing times, where applicable), location of free faces and previously blasted material, and a north arrow;

(t) Sketch of a typical blasthole cross section showing the depth and location of stemming and explosive decks, primers, and delay detonators;

(u) Mats or other special protections used;

(v) Seismographic records, when required for compliance, shall be attached to the blast record within five business days of the blast, and shall include:

(i) Make, model and serial number of the seismograph, seismic and acoustic trigger levels, and most recent annual calibration date;

(ii) Exact location of the seismograph and distance from the blast, and the date and time of the recorded blast event;

(iii) Name of the person and firm operating the seismograph;

(iv) Full waveform printout, including: three mutually perpendicular channels of ground vibration and an airblast channel; dynamic calibration results; a plot of particle velocity versus frequency with a comparison to the frequency-dependent blast vibration limits in paragraph (F)(8) of this rule, based on a half-cycle zero-crossing analysis method; and the peak particle velocity and airblast levels; and

(v) If the seismograph fails to be triggered by the blast, a printout showing the date and time the seismograph was armed and ready to record a blast and the date and time the seismograph was disarmed or shut down, or a written statement including the above information, signed by the seismograph operator and attached to the blast record; and

(w) Reasons and conditions for each unscheduled blast.

(4) When bulk-loaded explosives are used, blast record data required by paragraphs (G)(3)(k) to (G)(3)(n) of this rule shall be completed as soon as the exact quantity of bulk explosives is determined, but in no case more than twenty-four hours after the blast is detonated.

Last updated July 10, 2026 at 2:33 PM

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Chapter 1501:13-9 Identification of Mine Area: Environmental Integrity; Postmining Use of Land

Ohio Adm.Code 1501:13-9-01 Signs and markers.

(A) All signs and markers required to be posted shall be of uniform design throughout the operation, easily visible, and shall be made of durable material. The signs and markers shall be maintained during all operations to which they pertain and shall conform to local ordinances and codes.

(B) Signs identifying the mine area shall be displayed at all points of access to the permit area from public roads. Signs shall clearly show the name, business address, and telephone number of the permittee and the permit number issued by the division of mineral resources management. Such signs shall not be removed until after release of all performance security.

(C) An applicant shall define the perimeter of the proposed permit area by means of clearly visible markers prior to filing an application for a permit. Such markers shall substantially comply with the following:

(1) Markers shall include fence posts, trees, engineering lath or stakes;

(2) The proposed permit boundary shall be marked either with six inches of orange paint or with an orange plastic flag, approximately three feet above the ground;

(3) Each marker shall be firmly placed with at least three feet extending above ground;

(4) Markers shall be located so that they clearly define the limits of the proposed permit area and so that when a person is standing at any marker on the proposed permit boundary, the adjacent markers in either direction are visible;

(5) All perimeter markers shall be maintained with reasonable diligence in place until final grading is approved; and

(6) This rule does not apply to that portion of any perimeter which overlaps or is contiguous to an area currently permitted to the same operator.

(D) Where topsoil or other vegetation-supporting material is segregated and stockpiled according to rule 1501:13-9-03 of the Administrative Code, the stockpiled material shall be marked. Markers shall remain in place until the material is removed.

(E) Buffer zones, as described in paragraph (E) of rule 1501:13-9-04 of the Administrative Code, shall be clearly marked along their boundaries as required by paragraphs (C)(1), (C)(3) and (C)(5) of this rule. Buffer zones shall be marked either with six inches of orange paint with black stripes or with an orange and black striped plastic flag, approximately three feet above the ground. Markers shall be located so that they clearly define the limits of the buffer zone and so that when a person is standing at any marker on the buffer zone boundary, the adjacent buffer zone markers in either direction are visible.

Last updated February 27, 2023 at 9:57 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-03

(A) To prevent topsoil from being contaminated by spoil or waste materials or otherwise wasted, the permittee or operator shall remove the topsoil as a separate operation from areas to be disturbed. Topsoil shall be immediately redistributed according to the requirements of paragraph (C) of this rule on areas graded to the approved postmining configuration. The topsoil shall be segregated, stockpiled, and protected from wind and water erosion and from contaminants which lessen its capability to support vegetation if sufficient graded areas are not immediately available for redistribution. Areas of surplus soil materials may be identified for use in future reclamation.

(B) Topsoil to be salvaged shall be removed before any drilling for blasting, mining, spoil or other surface disturbance.

(1) All topsoil shall be removed and if the topsoil is less than six inches, a six-inch layer that includes the topsoil and the unconsolidated materials immediately below the "A" horizon shall be removed and segregated for resoiling, unless an alternative material is approved by the chief in accordance with paragraph (B)(3) of this rule.

(2) Where necessary to obtain soil productivity consistent with postmining land use, the chief may require that the subsoil be segregated and replaced prior to the redistribution of the topsoil.

(3) Alternative resoiling materials may be used instead of, or as a supplement to, topsoil where the resulting soil medium is equal to or more suitable for vegetation or if the topsoil is of insufficient quantity or quality for sustaining vegetation and if all the following requirements are met:

(a) The applicant or permittee demonstrates that the alternative resoiling materials, or an overburden topsoil mixture is more suitable for restoring land capability and productivity by the results of chemical and physical analyses. These analyses shall include determinations of pH, per cent organic material, phosphorus, potassium, and texture class, and such other analyses as required by the chief. The chief may require the results of field-site trials or greenhouse tests be used to demonstrate the feasibility of using such alternative resoiling;

(b) The chemical and physical analysis and the results of field-site trials and greenhouse tests are accompanied by a certification from a qualified soil scientist or agronomist; and

(c) If alternative resoiling materials are used, such materials are removed, segregated, and replaced in conformance with this rule.

(4) If there is insufficient topsoil on the permit area, the applicant or permittee shall:

(a) Identify the alternative resoiling materials to be used for resoiling;

(b) Submit the results of the analysis required by paragraph (B)(3)(a) of this rule;

(c) Submit certification by a qualified soil scientist or agronomist that the alternative resoiling materials are suitable for establishing the permanent vegetative species proposed by the applicant in the mining and reclamation plan; and

(d) If alternative resoiling materials are to be used, submit a plan, where appropriate, for the removal, segregation, and replacement of such materials.

(5) Limits on topsoil removal area. Where the removal of vegetation materials, topsoil, or other materials may result in erosion which may cause air or water pollution:

(a) The size of the area from which topsoil is removed at any one time shall be limited;

(b) The surface soil layer shall be redistributed at a time when the physical and chemical properties of topsoil can be protected and erosion can be minimized; and

(c) Such other measures shall be taken as the chief may approve or require to control erosion.

(6) The chief may choose not to require the removal of topsoil for minor disturbances which:

(a) Occur at the site of small structures, such as power poles, signs, or fence lines; or

(b) Will not destroy the existing vegetation and will not cause erosion.

(C) Final grading and replacement of topsoil. Final grading shall follow the completion of backfilling and rough grading within a time that will allow replacement of topsoil or approved resoiling materials to begin and be completed during either the current normal period for favorable planting or at the start of the first appropriate normal period for favorable planting following final grading, whichever occurs first. After final grading and before the topsoil or approved alternative resoiling materials are replaced, regraded land shall be scarified or otherwise treated to eliminate slippage surfaces and to promote root penetration. Resoiling shall begin, continue reasonably uninterrupted, and be completed prior to the end of the normal period for favorable planting unless the permittee receives an extension of the time limit because of climatic conditions in accordance with paragraph (D) of this rule. Topsoil or approved alternative resoiling materials shall be redistributed in a manner that:

(1) Achieves an approximately uniform, stable thickness when consistent with the postmining land use, contours, and surface-water drainage systems. Soil thickness may also be varied to the extent such variations help meet the specific revegetation goals identified in the permit;

(2) Prevents excess compaction of the spoil and topsoil; and

(3) Protects from wind and water erosion before and after seeding and planting.

(D) If resoiling and protection of that resoiling cannot reasonably be done within a prescribed time limit because of climatic conditions existing at that time of the year, the permittee may apply to the chief for an extension of the time limit and the chief shall not issue a notice under paragraph (A) of rule 1501:13-7-06 of the Administrative Code during such time extension.

(E) If the permit allows storage of topsoil or approved alternative resoiling materials, such materials shall be placed on a stable area within the permit area where it will not be disturbed or exposed to excessive water, wind erosion, unnecessary compaction and contamination by undesirable materials. Stockpiled materials shall be protected from wind and water erosion, unnecessary compaction, and contaminants either by: an effective cover of non-noxious, quick-growing annual and perennial plants, seeded or planted during the first normal period after removal for favorable planting conditions; or other methods demonstrated and approved by the chief to provide equal protection. Unless approved by the chief, stockpiled topsoil or approved alternative resoiling materials shall not be moved until required for redistribution on a disturbed area.

(F) Nutrients and soil amendments in the amounts and analysis as determined by soil tests taken in accordance with agronomically acceptable practices shall be applied to the surface soil layer so that it will support the postmining requirements of rule 1501:13-9-17 of the Administrative Code and the revegetation requirements of rule 1501:13-9-15 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-04

(A) General. Mining shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance in both the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the requirements of mining and reclamation rules. The chief may require additional preventive, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.

(B) Water quality standards and effluent limitations.

(1) All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area until vegetation is established, at which time vegetation of the area may be the best technology currently available, provided that drainage from the area:

(a) Meets effluent limitations; and

(b) Does not contribute suspended solids to streamflow.

(2) Sedimentation ponds and other treatment facilities shall be maintained until the quality of the untreated drainage from the disturbed area meets the applicable state and federal water quality standard requirements.

(3) The chief may grant exemptions from the requirements of paragraph (B)(1) of this rule only when:

(a) The chief determines that the disturbed drainage area relative to the total disturbed area is small;

(b) Alternative sediment control measures are provided, if required by the chief; and

(c) The operator demonstrates that the drainage from the disturbed area will meet the effluent limitations of mining and reclamation rules.

(4) For the purposes of this rule only, "disturbed area" shall not include those areas in which only diversion ditches, sedimentation ponds, or roads are installed in accordance with this rule and rule 1501:13-10-01 of the Administrative Code and the upstream area is not otherwise disturbed by the person who conducts coal mining operations.

(5) Before mining commences in any watershed:

(a) A proper sediment control system including sedimentation ponds, diversions, and other treatment methods shall be constructed; and

(b) Upon completion of construction, this sediment control system shall be certified by an engineer or jointly by an engineer and a surveyor, to the extent such joint certification is required or permitted by the chief, as meeting the dimensions and design criteria set forth in the engineering plans, drawings, and design details submitted as part of the application for a permit.

(6) Point source discharge of water from areas disturbed by coal mining operations shall be made in compliance with effluent limitations of all applicable federal and state laws and regulations. All other surface drainage shall not cause additional contributions of suspended solids to streamflows.

(7) Where the sedimentation pond or series of sedimentation ponds is used so as to result in the mixing of drainage from the disturbed areas with drainage from other areas not disturbed by current surface coal mining and reclamation operations, the permittee shall achieve the effluent limitations for all of the mixed drainage when it leaves the permit area.

(C) All facilities utilized by an operator to achieve compliance with federal and state water quality laws shall be properly installed, maintained and operated so that they will perform the functions for which they were designed, and shall be removed in accordance with this rule when no longer needed, unless they have been approved as part of the postmining land use.

(D) Sediment control measures.

(1) The purpose of this rule is to meet the applicable state and federal effluent limitations by means of a combination of sediment control measures which, taken together, comprise a complete sediment control system.

(2) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:

(a) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;

(b) Meet the more stringent of applicable state or federal effluent limitation; and

(c) Minimize erosion to the extent possible.

(3) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to:

(a) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling and grading, and prompt revegetation as required in rule 1501:13-9-15 of the Administrative Code.

(b) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of rule 1501:13-9-14 of the Administrative Code;

(c) Retaining sediment within disturbed areas;

(d) Diverting runoff away from disturbed areas;

(e) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;

(f) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and

(g) Treating with chemicals.

(E) Stream buffer zones.

(1) No land within one hundred feet, measured horizontally, of a perennial or intermittent stream shall be disturbed unless the chief specifically authorizes coal mining operations closer to or through such a stream. The chief may authorize such operations only upon making a finding under both paragraphs (E)(1)(a) and (E)(1)(b) of this rule or under paragraph (E)(1)(c) of this rule:

(a) The operations will not cause or contribute to the violation of applicable state or federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(b) If there will be a temporary or permanent stream channel diversion, it will comply with paragraph (F) of this rule; or

(c) If restoration of a stream or a portion of a stream on the permit area is not possible, restoration off the permit area by means of mitigation has been approved by the chief under rule 1501:13-13-08 of the Administrative Code.

(2) The area not to be disturbed shall be described as a buffer zone, and the operator shall mark it as specified by paragraph (E) of rule 1501:13-9-01 of the Administrative Code.

(F) Diversions.

(1) General requirements.

(a) With the approval of the chief, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of paragraph (G) of this rule for siltation structure removal, may be diverted away from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the chief under paragraph (Q) of this rule.

(b) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to:

(i) Be stable;

(ii) Provide protection against flooding and resultant damage to life and property;

(iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and

(iv) Comply with all applicable local, state, and federal laws and regulations.

(c) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with these rules. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.

(d) The chief may specify design criteria for diversions to meet the requirements of this rule.

(2) Diversion of perennial and intermittent streams.

(a) Diversion of perennial and intermittent streams within the permit area may be approved by the chief after making the finding relating to stream buffer zones that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream.

(b) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a ten-year, six hour precipitation event for a temporary diversion and a one-hundred-year, six hour precipitation event for a permanent diversion.

(d) A permanent stream-channel diversion or a stream channel restored after the completion of mining shall be designed and constructed using natural channel design techniques so as to restore or approximate the premining characteristics of the original stream channel, including the natural riparian vegetation and the natural hydrological characteristics of the original stream, to promote the recovery and enhancement of the aquatic habitat and to minimize adverse alteration of stream channels on and off the site, including channel deepening or enlargement, to the extent possible.

(e) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by an engineer as meeting the performance standards of Chapter 1501:13-9 of the Administrative Code and any design criteria set by the chief.

(3) Diversion of miscellaneous flows.

(a) Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the chief. Miscellaneous flows shall include ground-water discharges and ephemeral streams.

(b) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in paragraph (F)(1) of this rule.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a two-year, six hour precipitation event for a temporary diversion and a ten-year, six hour precipitation event for a permanent diversion.

(G) Siltation structures.

(1) Definitions. For the purposes of this rule only:

(a) "Siltation structure" means a sedimentation pond, a series of sedimentation ponds, or other treatment facility;

(b) "Disturbed" area shall not include those areas:

(i) In which the only surface mining operations include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with mining and reclamation rules; and

(ii) For which the upstream area is not otherwise disturbed by the operator; and

(c) "Other treatment facility" means any chemical treatment, such as flocculation, or mechanical structure, such as a clarifier, that has a point-source discharge and that is utilized to prevent additional contribution of suspended solids to streamflow or runoff outside the permit area.

(2) General requirements.

(a) Additional contributions of suspended solids to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.

(b) All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (B)(3) or (G)(2)(e) of this rule.

(c) Siltation structures for an area shall be constructed before beginning any surface mining operations in that area and, upon construction, shall be certified by an engineer as being constructed as designed and as approved in the reclamation plan.

(d) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with paragraph (H) of this rule.

(e) Siltation structures shall be maintained until removal is authorized by the chief and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than two years after the last augmented seeding, unless, after vegetation is established, the operator demonstrates and the chief approves under paragraph (E)(1)(g) of rule 1501:13-4-05 or paragraph (E)(1)(f) of rule 1501:13-4-14 of the Administrative Code alternative methods of sediment control as the best technology currently available.

(f) When a siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and rule 1501:13-9-15 of the Administrative Code.

(3) Sedimentation ponds.

(a) When used, sedimentation ponds shall:

(i) Be used individually or in series;

(ii) Be located as near as possible to the disturbed area and out of perennial streams unless approved by the chief; and

(iii) Be designed, constructed, and maintained to:

(a) Provide adequate sediment storage volume;

(b) Provide adequate detention time to allow the effluent from the ponds to meet state and federal effluent limitations;

(c) Contain or treat the ten-year twenty-four hour precipitation event ("design event") unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and on a demonstration by the operator that the effluent limitations of this rule will be met;

(d) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraph (G)(3)(a)(iii)(b) of this rule;

(e) Minimize, to the extent possible, short circuiting;

(f) Provide periodic sediment removal sufficient to maintain adequate volume for the design event;

(g) Ensure against excessive settlement;

(h) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal-mine waste; and

(i) Be compacted properly.

(4) Other treatment facilities.

(a) Other treatment facilities shall be designed to treat the ten-year, twenty-four-hour precipitation event unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and a demonstration by the operator that the effluent limitations of this rule will be met.

(b) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph (G)(3) of this rule.

(H) Impoundments.

(1) General requirements. The requirements of paragraph (H)(1) of this rule apply to both temporary and permanent impoundments.

(a) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S. department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, (which is hereby incorporated by reference) shall comply with the design and construction requirements of paragraph (H) of this rule and either paragraphs (H)(1) and (H)(2) of rule 1501:13-4-05 or paragraphs (H)(1) and (H)(2) of rule 1501:13-4-14 of the Administrative Code. Copies of technical release TR-210-60 may be obtained from the "USDA Natural Resources Conservation Service eDirectives" webpage, https://directives.sc.egov.usda.gov/. Copies can be inspected at the division of mineral resources management headquarters office at 2045 Morse road, building H, Columbus, Ohio 43229.

(b) Design certification. The design of impoundments shall be certified in accordance with rule 1501:13-4-05 or 1501:13-4-14 of the Administrative Code as designed to meet the requirements of this rule using current, prudent, engineering practices and any design criteria established by the chief.

(c) Stability.

(i) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.

(ii) Impoundments not meeting the criteria of paragraph (H)(1)(c)(i) of this rule, except for coal mine waste impounding structures, shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions or be designed in accordance with paragraph (H)(2)(c) of rule 1501:13-4-05 or paragraph (H)(2)(c) of rule 1501:13-4-14 of the Administrative Code.

(d) Freeboard. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall comply with the freeboard hydrograph criteria in "Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria" in technical release TR-210-60.

(e) Foundation.

(i) Foundation and abutments for the impounding structure shall be designed to be stable under all conditions of construction and operation of the impoundment. For impoundments meeting the size or other criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60, sufficient foundation investigations as well as any necessary laboratory testing shall be performed in order to determine the design requirements for foundation stability.

(ii) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.

(f) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.

(g) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.

(h)

(i) An impoundment meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a one-hundred-year, six-hour precipitation event, or greater event as specified by the chief.

(ii) An impoundment not meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a twenty-five-year, six-hour precipitation event, or greater event as specified by the chief.

(iii) An impoundment meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass the design precipitation event using the auxiliary spillway hydrograph criteria in "Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria" in technical release TR-210-60, or greater event specified by the chief.

(iv) Impoundments may use a single open-channel spillway designed and constructed according to paragraph (H)(1)(h)(i), (H)(1)(h)(ii), or (H)(1)(h)(iii) of this rule if the spillway:

(a) Is of nonerodible construction and designed to carry sustained flows; or

(b) Is earth- or grass-lined and designed to carry short-term infrequent flows at nonerosive velocities where sustained flows are not expected.

(i) The vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of highwall to provide adequate safety and access for the proposed water users. For permanent impoundments, the vertical portion of the remaining highwall shall also meet the requirements of paragraph (H)(2)(d) of this rule.

(j) Inspections. An engineer or other qualified professional specialist, under the direction of the engineer, shall inspect the impoundment. The engineer or specialist shall be experienced in the construction of impoundments.

(i) Inspections shall be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance security.

(ii) The engineer shall promptly, after each inspection, provide to the chief a certified report that the impoundment has been constructed and maintained as designed in accordance with the approved plan and these rules. The report shall include discussion of any appearances of instability, structural weakness or other hazardous conditions, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation and any other aspects of the structure affecting stability.

(iii) A copy of the report shall be retained at or near the minesite.

(k) Impoundments meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 or subject to 30 C.F.R. 77.216 must be examined in accordance with 30 C.F.R. 77.216-3. Other impoundments shall be examined for appearance of structural weakness and other hazardous conditions at least quarterly by a qualified person designated by the operator.

(l) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the chief of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the chief shall be notified immediately. The chief shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(2) Permanent impoundments. A permanent impoundment of water may be created if authorized by the chief in the approved permit based upon the following demonstration:

(a) The size and configuration of such impoundment will be adequate for its intended purposes;

(b) The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet applicable state and federal water quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable state and federal water quality standards;

(c) The water level will be sufficiently stable and be capable of supporting the intended use;

(d) Final grading will provide for adequate safety and access for proposed water users. For impoundments where the vertical portion of a highwall remains, the vertical portion shall be located at least eight feet below the low-water line;

(e) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses;

(f) The impoundment will be suitable for the approved postmining land use;

(g) The reduced portion of any highwall shall have a final slope appropriate for the postmining land use and shall have a minimum static safety factor of 1.3; and

(h) The face of the reduced portion of any highwall shall be vegetated with species appropriate for the postmining land use.

(3) Temporary impoundments. The chief may authorize the construction of temporary impoundments as part of a mining operation.

(4) Sumps.

(a) Definitions. "Sump" means an excavated temporary impoundment:

(i) Used as:

(a) A secondary structure which discharges into a sedimentation pond, provided the sedimentation pond, in combination with the sump and any other sediment control measures used, achieves the applicable state and federal effluent limitations; or

(b) A primary structure to control the runoff from roads or small drainage exemption areas provided by paragraph (B)(3) of this rule; and

(ii) That has a volume which is compatible with its role within the complete sediment control system.

(b) Sumps are exempt from the requirements of paragraphs (H)(1) to (H)(3) of this rule.

(c) Sump designs shall include size and spillway information and shall address the stability of the structure with respect to public health and safety.

(d) Sumps shall be constructed and maintained to prevent, to the extent possible, additional contributions of suspended solids to runoff outside the permit area.

(e) Before a sump becomes full of sediment, the sediment shall be removed, and the original sump capacity restored.

(I) Discharge structures. Discharges from sedimentation ponds, permanent and temporary impoundments, mine waste disposal areas, and diversions shall be controlled by energy dissipators, riprap channels, and other devices where necessary to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbances to the hydrologic balance. Discharge structures shall be designed according to standard engineering design procedures.

(J) Acid-forming and toxic-forming spoil. Drainage from acid-forming and toxic-forming mine waste materials and spoils into ground and surface water shall be avoided by:

(1) Identifying, burying, and treating where necessary spoil or other materials that, in the judgment of the chief, may be detrimental to vegetation or may adversely affect water quality if not treated or buried;

(2) Preventing water from coming into contact with acid-forming and toxic-forming materials in accordance with paragraph (J) of rule 1501:13-9-14 of the Administrative Code, and other measures as required by the chief; and

(3) Burying or otherwise treating all acid-forming or toxic-forming spoil within thirty days after it is first exposed on the mine site, or within a lesser period designated by the chief. Temporary storage of the spoil may be approved by the chief upon finding that burial or treatment within thirty days is not feasible and will not result in any material risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water.

(K) Ground-water protection.

(1) Backfilled materials shall be placed so as to minimize contamination of ground-water systems with acid, toxic, or otherwise harmful mine drainage, minimize adverse effects of mining on ground-water systems outside the permit area, and to support approved postmining land uses.

(2) To control the effects of mine drainage, pits, cuts, and other mine excavations or disturbances shall be located, designed, constructed, and utilized in such manner as to prevent or control discharge of acid, toxic, or otherwise harmful mine drainage waters into ground-water systems and to prevent adverse impacts on such ground-water systems or on approved postmining land uses.

(L) Protection of ground-water recharge capacity. Other than underground mining operations, all coal mining operations shall be conducted in a manner that facilitates reclamation which will restore approximate premining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding coal processing waste and underground development waste disposal areas and fills, to transmit water to the ground-water system. The recharge capacity shall be restored to a condition which:

(1) Supports the approved postmining land use;

(2) Minimizes disturbances to the prevailing hydrologic balance in the permit and adjacent areas; and

(3) Provides a rate of recharge that approximates the premining recharge rate.

(M) Surface water protection. In order to protect the hydrologic balance, mining operations shall be conducted according to the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code, and the following:

(1) Surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage, prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area, and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this rule, then the operator shall use and maintain the necessary water-treatment facilities or water quality controls.

(2) Surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(N) Surface and ground-water monitoring.

(1) Ground-water monitoring.

(a) Surface mining operators shall monitor ground-water levels and the quality of ground water at least quarterly or more frequently as prescribed by the chief, in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-05 of the Administrative Code, to determine the effects of the coal mining operations on the recharge capacity of reclaimed lands and on the quality and quantity of water in ground-water systems in the permit and adjacent areas.

(i) Monitoring shall include measurements from a sufficient number of wells and springs that are adequate to reflect changes in ground-water quality and quantity resulting from those operations.

(ii) Monitoring shall be adequate to plan for modification of coal mining operations, if necessary, to minimize disturbance of the prevailing hydrologic balance.

(iii) As specified and approved by the chief, the person who conducts surface mining operations shall conduct additional hydrologic tests, including drilling, infiltration tests, and aquifer tests and shall submit the results to the chief, to demonstrate compliance with paragraphs (K) to (N) of this rule.

(b) Underground mining operators shall monitor, at least quarterly or more frequently as prescribed by the chief, the quality and quantity of ground water in the permit and adjacent areas in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-14 of the Administrative Code. Monitoring of an area shall begin one year before the area is mined, shall continue during mining, and shall continue for at least one year after the area is mined, unless the chief determines that monitoring for a shorter period will allow accurate assessment of the impacts on the ground water of the area.

(c) Ground-water monitoring shall result in quarterly or more frequent reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation shall be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(2) Surface-water monitoring.

(a) All surface and underground mining operators shall monitor pond discharges for the national pollutant discharge elimination system (NPDES) permit quarterly in accordance with the monitoring plan submitted under either paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality of the discharges from the permit area;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition or applicable standard within five days of receipt of such results. If there is a failure to comply with an effluent limitation set forth in a NPDES permit, the person who conducts coal mining operations shall forward the analytical results concurrently with the written notice of non-compliance; and

(iii) Result in quarterly reports to the chief submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(b) The chief may require additional surface-water monitoring to be conducted quarterly on the permit or adjacent areas in accordance with the monitoring plans submitted under paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. The chief shall determine the nature of the data and reporting requirements. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition within five days of receipt of such results; and

(iii) Result in quarterly reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(3) Duration of and modifications to monitoring.

(a) Monitoring for ground water and surface water shall be conducted throughout mining and reclamation until final performance security release unless the chief determines, pursuant to paragraph (N)(3)(b)(ii) of this rule, that monitoring is no longer necessary.

(b) Any modification of the monitoring requirements of paragraph (N) of this rule, including the parameters covered and the sampling frequency, shall be made by means of a permit revision pursuant to paragraph (E) of rule 1501:13-4-06 of the Administrative Code. A permit revision may be obtained pursuant to this paragraph if the operator demonstrates, using the monitoring data of this rule, that:

(i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area, water quantity and quality are suitable to support approved postmining land uses, and the water rights of other users have been protected or replaced; or

(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under paragraph (F) of rule 1501:13-4-05 or paragraph (F) of rule 1501:13-4-14 of the Administrative Code.

(O) Transfer of wells. Before final release of performance security, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with rule 1501:13-9-02 of the Administrative Code. With the prior approval of the chief, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with state and local law and the permittee shall remain responsible for the proper management of the well in accordance with rule 1501:13-9-02 of the Administrative Code until performance security release.

(P) Water rights and replacement.

(1) Any person who conducts coal mining operations shall:

(a) Replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been affected by contamination, diminution, or interruption proximately resulting from the coal mining operations; and

(b) Reimburse the owner for the reasonable cost of obtaining a water supply from the time of the contamination, diminution or interruption by the operation until the water supply is replaced.

(2) The hydrologic information required in paragraphs (B) to (G) of rule 1501:13-4-04 or paragraphs (B) to (G) of rule 1501:13-4-13 of the Administrative Code shall, at a minimum, be used to determine the extent of the impact of mining on ground and surface water.

(Q) Discharge of water into underground mines.

(1) Discharges into an underground mine are prohibited, unless specifically approved by the chief after a demonstration that the discharge will:

(a) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from surface mining operations;

(b) Not result in a violation of applicable water quality standards or effluent limitations;

(c) Be at a known rate and quality which shall meet the effluent limitations of this rule for pH and total suspended solids, except that the pH and total suspended solids limitations may be exceeded, if approved by the chief; and

(d) Meet with the approval of MSHA.

(2) Discharges shall be limited to the following:

(a) Water;

(b) Coal processing waste;

(c) Fly ash from a coal-fired facility;

(d) Sludge from an acid-mine-drainage treatment facility;

(e) Flue-gas desulfurization sludge;

(f) Inert material used for stabilizing underground mines; and

(g) Underground mine development wastes.

(R) Postmining rehabilitation of sedimentation ponds, diversions, impoundments and treatment facilities. Before abandoning a permit area or seeking performance security release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of these rules for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structure if necessary to meet requirements of these rules and to conform to the approved reclamation plan.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:04 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-02 Casing and sealing of drilled holes.

(A) General requirements. Each exploration hole, other drill or borehole, shaft, well, or other exposed mine opening shall be cased, sealed, or otherwise managed, as approved by the chief, to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery in the permit and adjacent areas. If these openings are uncovered or exposed by coal mining activities within the permit area, they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the chief. Use of a drilled and cased hole or borehole or monitoring well as a water well must meet the provisions of rule 1501:13-9-04 of the Administrative Code. This rule does not apply to holes solely drilled and used for blasting.

(B) Temporary sealing of drilled holes.

(1) For all coal mining operations, each exploration hole, other drill or boreholes, wells, and other exposed openings which have been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor ground water conditions, shall be temporarily sealed before use and protected during use by barricades, fences, or other protective devices approved by the chief. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the coal mining activities.

(2) For underground mining operations only, each mine entry which is temporarily inactive, but has a further projected useful service under the approved permit application, shall be protected by barricades or other covering devices, fenced, and posted with signs, to prevent access into the entry and to identify the hazardous nature of the opening. These devices shall be periodically inspected and maintained in good condition by the person who conducts the underground mining activities.

(C) Permanent sealing of drilled holes. When no longer needed for monitoring or other use approved by the chief, upon a finding by the chief of no adverse environmental or health and safety effect, or unless approved for transfer as a water well under rule 1501:13-9-04 of the Administrative Code, each exploration hole, other drilled hole or borehole, well, and other exposed opening, and for underground mining operations each shaft, drift, adit, tunnel, exploratory hole, entryway or other opening to the surface from underground, shall be capped, sealed, backfilled, or otherwise properly managed, as required by the chief under paragraph (A) of this rule. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters.

Last updated February 27, 2023 at 9:57 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-06

(A) Performance security forfeiture criteria. The chief shall forfeit performance security under the procedures contained in paragraph (C) of this rule whenever any of the following criteria applies:

(1) The permittee failed to comply with a notice of violation issued for failure to complete any phase of reclamation within the time required by the mining and reclamation plan and any time extensions given for good cause; or

(2) The coal mining and reclamation operations on the area under performance security are abandoned; or

(3) The permittee lacks the ability to continue to operate in compliance with the requirements of Chapter 1513. of the Revised Code, these rules, or the permit; or

(4) The permittee defaults on the conditions under which the performance security was accepted.

(B) Opportunity to show cause why performance security should not be forfeited.

(1) Before performance security is forfeited under the criteria of paragraph (A)(2) or (A)(3) of this rule, because of abandonment of the coal mining and reclamation operation or inability of the permittee to comply, the chief shall order the permittee to show cause why the operation should not be deemed abandoned or why the permittee has the ability to comply with the requirements of Chapter 1513. of the Revised Code.

(2) The show cause order shall:

(a) Identify the coal mining and reclamation operations covered by the performance security to be forfeited;

(b) Give notice of the time, date, place, and purpose of the show cause hearing at which the permittee may show cause why the operation should not be deemed abandoned or why the permittee has the ability to comply with the requirements of Chapter 1513. of the Revised Code; and

(c) Be issued at least twenty-one days before the show cause hearing is held.

(3) If the chief determines that the show cause order sent by certified mail or other method able to track receipt of delivery is not received by the permittee within seven days after the order is mailed, the chief shall, as soon as possible, publish notice of the date, time, place, and purpose of the show cause hearing in a newspaper of general circulation in the locality of the operation.

(C) Forfeiture procedures. When performance security is to be forfeited, the chief shall issue a performance security forfeiture order to the permittee.

(1) The chief shall identify in the performance security forfeiture order the entire permit area or, when applicable, the incremental area or the incremental mining unit, for which performance security is to be forfeited. The order shall forfeit all remaining performance security on deposit for the permit.

(2) The performance security forfeiture order may include the terms of a reclamation agreement with the chief which, if complied with, shall result in avoidance of the forfeiture. The terms of the agreement shall include performance of reclamation operations and abatement of all unabated violations in accordance with a compliance schedule which meets the conditions of the permit, the reclamation plan, Chapter 1513. of the Revised Code and these rules, and a timetable specified by the chief.

(a) If the permittee fails to enter into a reclamation agreement within twenty days of the issuance of a performance security forfeiture order containing such agreement, the chief shall immediately forfeit the performance security and notify the permittee's surety, if applicable, of the permittee's failure to comply.

(b) If the permittee demonstrates to the chief's satisfaction within twenty days of the issuance of a performance security forfeiture order that the permittee has the ability to meet the terms and conditions of the reclamation agreement contained in the performance security forfeiture order, the chief shall monitor compliance with the terms and conditions of the reclamation agreement.

(i) Upon the permittee's satisfactory performance under the terms and conditions of the reclamation agreement, the chief shall rescind the performance security forfeiture order.

(ii) Upon the permittee's failure to comply with any of the terms or conditions of the reclamation agreement, the chief shall immediately forfeit the performance security and notify the permittee's surety, if applicable, of the permittee's failure to comply.

(c) The surety's time to elect to reclaim under paragraph (E) of this rule shall not begin to run until the permittee has failed to enter into an agreement under paragraph (C)(2) of this rule or has failed to comply with the terms of such agreement, and the surety has been notified of such failure.

(3) The performance security forfeiture order shall be sent by certified mail, return receipt requested, or other method able to track receipt of delivery and shall inform the permittee and surety of the reasons for the forfeiture.

(4) In the event that the permittee does not enter into a reclamation agreement or fails to comply with the terms of a reclamation agreement under paragraph (C)(2) of this rule, when the performance security filed with the division of mineral resources management is supported by or in the form of:

(a) Cash, certificates of deposit or negotiable government bonds, then the order shall declare the cash, certificates of deposit, or negotiable government bonds property of the state;

(b) A letter of credit, then the order shall inform the permittee that the state will immediately draw on the letter of credit; or

(c) A trust fund, then the order shall inform the permittee that the state will proceed as set forth in the terms of the trust agreement.

(5) If the performance security filed with the division of mineral resources management is in the form of a surety bond, the chief shall also issue a performance security forfeiture order to all sureties involved, and, in addition to the requirements of paragraphs (C)(1) and (C)(3) of this rule, the order shall inform each surety of its rights and the extent of its obligations and liabilities for the entire permit area or, when applicable, for the incremental area or the incremental mining unit.

(D) Issuance of a performance security forfeiture order does not relieve a permittee from the responsibility for complying, and does not prevent the permittee from being subject to civil penalties for not complying with any order or notice of violation issued for conditions existing on the entire permit area or, when applicable, on the incremental area or the incremental mining unit.

(E) Reclamation by the surety.

(1) Within sixty days after it receives a performance security forfeiture order, or within sixty days of notification of the permittee's failure to elect to enter into a reclamation agreement under paragraph (C)(2) of this rule or the permittee's failure to comply with the terms of a reclamation agreement under paragraph (C)(2) of this rule, each surety:

(a) Shall notify the chief that it will not complete reclamation and shall make payment under the surety bond for the full amount of its liability under the surety bond; or

(b) Shall notify the chief that it will complete reclamation and shall submit to the chief a plan, including a timetable for performing reclamation in accordance with the reclamation plan and the requirements of Chapter 1513. of the Revised Code and these rules.

(2) The chief may allow the surety to complete reclamation if the surety can demonstrate an ability to complete reclamation in accordance with Chapter 1513. of the Revised Code, these rules and the reclamation plan.

(3) A surety completing a reclamation phase on the entire permit area or, when applicable, on the incremental area or incremental mining unit, may obtain a release of its performance security obligation in the same manner as a permittee or operator pursuant to division (F) of section 1513.16 of the Revised Code.

(4) The rights of a surety to perform reclamation shall be terminated if the surety fails to:

(a) Notify the chief within sixty days after receipt of the performance security forfeiture order, or within sixty days of notification of the permittee's failure to elect to enter into a reclamation agreement under paragraph (C)(2) of this rule or the permittee's failure to comply with the terms of a reclamation agreement under paragraph (C)(2) of this rule, that it will or will not perform reclamation.

(b) Submit a reclamation timetable at the same time it notifies the chief that it will perform reclamation; or

(c) Commence, continue, or complete reclamation in accordance with the reclamation timetable.

(5) When the chief determines that the rights of a surety shall be terminated, the chief shall issue an order terminating the rights of the surety and demanding payment from the surety for the entire amount of performance security filed with the chief by the surety for the entire permit area or, when applicable, for the incremental area or incremental mining unit.

(F) Reclamation by the chief.

(1) After receiving the moneys collected under paragraph (C) or (E) of this rule, the chief shall proceed to reclaim the entire permit area or, when applicable, the incremental area or the incremental mining unit, in accordance with:

(a) The requirements of section 1513.18 of the Revised Code if the permit that was forfeited was not a permanent program permit; or

(b) In accordance with Chapter 1513. of the Revised Code, these rules and the approved reclamation plan if the permit that was forfeited was a permanent program permit.

(2) Any revisions that the chief wishes to make to the approved reclamation plan of a permanent program permit on which the performance security has been forfeited shall be made in accordance with paragraph (E) of rule 1501:13-4-06 of the Administrative Code. As used in paragraph (F) of this rule, "permanent program permit" means any permit issued after August 16, 1982, and any permit issued between September 1, 1981 and August 16, 1982 that was subsequently revised to meet the criteria of the approved program.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-17

(A) All affected areas shall be reclaimed in a timely manner:

(1) To conditions that are capable of supporting the uses which they were capable of supporting before any mining; or

(2) To higher or better uses achievable under criteria and procedures of paragraph (D) of this rule.

(B) The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land has not been previously mined and has been properly managed.

(1) The postmining land use for land that was mined pursuant to a license issued prior to April 10, 1972, shall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.

(2) The land may be returned to the undeveloped postmining land use category only if the land was categorized as undeveloped land prior to mining.

(C) "Land use" means specific uses or management-related activities, rather than the vegetation or cover of the land. Land use is categorized in the following categories. Changes of land use or uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the chief pursuant to paragraph (D) of this rule.

(1) The cropland category includes land in the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included for purposes of these land use categories.

(2) The pastureland category includes land occasionally cut for hay and land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.

(3) The grazingland category includes both grassland and forest land where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production. Land used for facilities in support of ranching operations which are adjacent to or an integral part of these operations is also included.

(4) The industrial category includes land used for extraction or transformation of materials for fabrication of products, wholesaling of products or for long-term storage of products. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining, and fabricated metal products manufacture. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include, but are not limited to, all rail, road, and other transportation facilities.

(5) The commercial category includes land used for retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage, or shipping facilities.

(6) The developed water resources category includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control, and water supply.

(7) The recreation category includes land used for public or private leisure-time use, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing and other undeveloped recreational uses.

(8) The residential category includes land used for single and multiple-family housing, mobile home parks, and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use.

(9) The forest category includes land used for the commercial or noncommercial production of wood, wood fiber, or wood derived products and land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations.

(10) The fish and wildlife habitat category includes land used wholly or partially for the production, protection or management of species of fish or wildlife.

(11) The undeveloped land use category includes land that is not currently being used or managed or, if previously used or managed, is land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.

(D) An alternative postmining land use may be approved by the chief of the division of reclamation, after consultation with the landowner or the land management agency having jurisdiction over state or federal lands, if the following criteria are met.

(1) The proposed land use is compatible with adjacent land use and, where applicable, with existing local, state, or federal land use policies and plans.

(2) The use will not be impractical or unreasonable.

(3) The plans show the feasibility of the postmining land use and include a schedule showing how the proposed use will be developed and achieved within a reasonable time.

(4) The plans include letters of commitment from other parties to provide for necessary public facilities that are required for the proposed use.

(5) The proposed use or uses will neither present actual or probable hazard to public health or safety, nor will they pose any actual or probable threat of water flow diminution or pollution.

(6) The use or uses will not involve unreasonable delays in reclamation.

(7) The use will not cause or contribute to violation of federal, state, or local law.

(8) The proposed postmining land use identifies measures to prevent or mitigate adverse effects on fish and wildlife, and threatened or endangered plants or animals or their critical habitats, and an opportunity to comment has been provided in accordance with paragraph (A)(3) of rule 1501:13-5-01 of the Administrative Code to appropriate state and federal fish and wildlife management agencies.

Last updated February 27, 2023 at 9:59 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-15

(A) Definitions.

(1) "Countable tree" means a tree or shrub that:

(a) Is in place for at least two years;

(b) Is alive and healthy;

(c) Has at least one-third of its length in live crown, with green foliage during its growing season, and is not diseased or insect-infested; and

(d) Has a root crown or root sprouts over one foot in height. Root crowns or root sprouts over one foot in height shall count as one towards meeting the stocking requirements. Where multiple stems occur, only the tallest stem will be counted.

(2) "Ground cover" means the area of ground covered by the aerial parts of perennial and biennial vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.

(3) "Herbaceous species" means grasses and non-woody legumes.

(4) "Woody plants" means woody shrubs, trees, and vines.

(B) General requirements. The permittee shall establish on regraded areas and on all other disturbed areas except water areas and the surface areas of roads that are approved as part of the postmining land use, and other small incidental areas where revegetation would conflict with the postmining land use and no environmental harm would result, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is:

(1) Diverse, effective, and permanent;

(2) Comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the chief;

(3) At least equal in extent of cover to the natural vegetation of the area; and

(4) Capable of stabilizing the soil surface from erosion.

(C) Use of native and introduced species.

(1) The reestablished plant species shall:

(a) Be compatible with the approved postmining land use;

(b) Have the same seasonal characteristics of growth as the original vegetation;

(c) Be capable of self-regeneration and plant succession;

(d) Be compatible with the plant and animal species of the area; and

(e) Meet the requirements of applicable state and federal seed, poisonous and noxious plant, and introduced species laws or regulations.

(2) The chief may grant exceptions to the requirements of paragraphs (C)(1)(b) and (C)(1)(c) of this rule when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.

(3) When the chief approves a cropland postmining land use, the chief may grant exception to the requirements of paragraphs (B)(1), (B)(3), (C)(1)(b) and (C)(1)(c) of this rule. The requirements of rule 1501:13-13-03 of the Administrative Code apply to areas identified as prime farmland.

(D) Time of revegetation. Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after replacement of the topsoil or topsoil substitute. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, any disturbed areas shall be seeded and planted as contemporaneously as practicable after the completion of backfilling, grading, and topsoiling with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.

(E) Mulching and other soil stabilizing practices.

(1) Suitable mulch and/or other stabilizing practices shall be used on all areas that have been regraded and resoiled in order to control erosion, promote germination of seeds, or increase the moisture-retention capacity of the soil. The chief may suspend the requirements for mulch if the permittee can demonstrate that:

(a) Seasonal, soil, or slope factors result in a condition for which mulch and other soil-stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetative cover; and

(b) Alternative procedures will achieve the revegetation success standards of this rule for the approved postmining land use and will not cause or contribute to air or water pollution.

(2) Annual grasses and grains may be used alone as natural mulch, or in conjunction with another mulch, when the chief determines that they will provide adequate soil erosion control and cover and will later be replaced by perennial species approved for the postmining land use.

(3) Chemical soil stabilizers alone, or in combination with appropriate mulches, may be used in conjunction with vegetative covers approved for the postmining land use.

(F) General requirements for measuring success of revegetation.

(1) Success standards will differ depending on the approved postmining use of an area. In all revegetation efforts, the general requirements of this rule shall be met and the success of revegetation shall be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of cover compared to the cover occurring in natural vegetation of the area, and the requirements of paragraphs (B) and (C) of this rule. Statistically valid sampling techniques for measuring success of ground cover, production, or stocking for final performance security release shall be specified in guidelines for evaluating revegetation success compiled by the chief. The statistical sampling techniques shall use a ninety per cent confidence interval (i.e., one-sided test with a 0.10 alpha error).

(2) Except as provided in paragraph (F)(2)(a) of this rule the period of extended responsibility for revegetation success under the performance security requirement shall continue for not less than five full years.

(a) On lands eligible for remining included in permits issued pursuant to the requirements of rule 1501:13-4-12 of the Administrative Code and renewals thereof, the period of extended responsibility for revegetation success under the performance security requirement shall continue for not less than two full years.

(3) Except as provided in paragraph (F)(3)(a) of this rule, the period of extended responsibility shall begin on the date of the last augmented seeding, fertilizing, planting or other work necessary to ensure successful vegetation. The date of this last seeding, fertilizing, planting or other work shall be the same date that is recorded in the planting report required in paragraph (P) of this rule.

(a) For row crops planted on areas to be used for agricultural cropland, including prime farmland, the period of extended responsibility for revegetation shall commence on the date on which the initial planting of the crop has been completed. Promptly thereafter, the chief shall inspect the area to verify that the initial planting has been completed.

(4) The following practices will not be considered augmentative when the practice and the rate of application is an accepted local practice for comparable unmined lands that can be expected to continue as a postmining practice:

(a) Seeding, applying soil amendments, and irrigating to maintain productivity, as recommended by or as specified in technical guidelines published by the Ohio state university cooperative extension service as normal practices on cropland, pasture land or grazing land;

(b) Limited repair of rills and gullies. The chief will classify instances of rill and gully erosion repair as either limited or extensive, based on the extent of repairs needed and the cause of the erosion. The chief will consider extensive repairs to be augmentative;

(c) Reseeding and adding soil amendments when necessary to repair damage to land and/or established permanent vegetation that is unavoidably disturbed in order to meet the reclamation standards of this chapter, provided that:

(i) The damage is not caused by a lack of planning, design, or implementation of the mining and reclamation plan, inappropriate reclamation practices on the part of the permittee, or the lack of established permanent vegetation; and

(ii) The total acreage of repaired areas under paragraphs (F)(4)(b) and (F) (4)(c) of this rule does not exceed ten per cent of the total land affected, with no individual area exceeding three acres;

(d) Replanting of trees as a reinforcement measure on areas for which the approved planting plan requires woody vegetation; and

(e) Reseeding of legumes within three years after the initial planting where the legumes are expected to be present at the end of the period of extended responsibility.

(5) Reseeding of areas that have been unavoidably disturbed in the course of gaining access for removal of structures that are part of the sediment control system or initial seeding of areas upon which the sediment control system was located and subsequently removed will not restart the period of extended responsibility for revegetation success.

(6) For the purposes of paragraphs (F)(4)(c) and (F)(5) of this rule, permanent vegetation that is established or reestablished on these areas must have been seeded a minimum of twelve months prior to the request for phase III performance security release unless the chief determines the extent of the area of repair was limited in size and the permittee remains in compliance with paragraph (G)(3)(b) of this rule.

(G) Revegetation success standards for pasture or grazing land.

(1) Species diversity, seasonal variety and regenerative capacity of the vegetation of the revegetated area shall be evaluated on the basis of the results which could reasonably be expected using the revegetation methods described in the reclamation plan.

(2) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, are established and the area has sufficient ground cover to control erosion. As used in this paragraph, "established" means that individual plants have matured to the point that they are deriving their nourishment from the soil instead of from stored food in the seed. Development of secondary leaves is considered an indication that a plant is established.

(3) Revegetation shall be determined to be successful for a phase III performance security release when:

(a) The period of extended responsibility has expired and the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, equal or exceed the county average yield for hay for any two years of the period of extended responsibility except the first year; and

(b) For the last year of the period of extended responsibility and one additional year, except the first year, the ground cover shall equal or exceed ninety per cent and no single area with less than thirty per cent cover shall exceed the lesser of three thousand square feet or 0.3 per cent of the land affected.

(H) Revegetation success standards for areas to be used for agricultural cropland, other than prime farmland.

(1) Revegetation shall be determined to be successful for a reclamation phase approval or a phase II performance security release for row and hay crops when the species planted in accordance with the approved reclamation plan meet, at a minimum, the ground-cover standards of paragraph (G)(2) of this rule.

(2) Revegetation shall be determined to be successful for a phase III performance security release for row and hay crops when:

(a) The period of extended responsibility has expired and the yield data of crop harvest on the mined area for any two years of the period of extended responsibility, except the first year, equals or exceeds the average county yield for comparable crops and hay crops; and

(b) The vegetation meets, at a minimum, the ground cover standards of paragraph (G)(3)(b) of this rule during the last year of the period of extended responsibility.

(I) Revegetation success standards for prime farmland.

(1) The success in revegetation shall be determined on the basis of an average crop production from the reclaimed prime farmland areas compared to the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.

(2) The measurement of soil productivity shall be initiated within ten years after completion of soil replacement.

(3) The level of management applied during the measurement period shall be the same as the level of management used on nonmined prime farmland in the surrounding area.

(4) The reference crop on which restoration of soil productivity is proven shall be selected from the crops most commonly produced on the surrounding prime farmland. Where row crops are the dominant crops grown on the prime farmland in the area, the row crop requiring the greatest rooting depth shall be chosen as one of the reference crops.

(5) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release for row and hay crops when the yield data from three years of crop harvest on the mined area equals or exceeds the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.

(6) Revegetation shall be determined to be successful for a phase III performance security release for row and hay crops when the period of extended responsibility has expired and the yield data from at least three years of crop harvest on the mined area equals or exceeds the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. The same yield data that was submitted for the phase II approval or the phase II release may be submitted for the phase III release.

(7) The average crop yield for prime farmland may be adjusted, if approved by the chief with the concurrence of the U.S. natural resources conservation service, for:

(a) Disease, pest, and weather-induced seasonal variations; or

(b) Differences in specific management practices when the overall management practices of the crops being compared are equivalent.

(J) Revegetation success standards for areas for which the postmining land use is industrial, residential, or commercial use, other than commercial forest land.

(1) For areas to be developed for the intended postmining land use within two years after regrading is completed:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the species planted in accordance with the approved mining and reclamation plan provide sufficient ground cover to control erosion; and

(b) Revegetation shall be determined to be successful for a phase III performance security release in the last year of the period of extended responsibility for revegetation success when substantial construction has begun, the area not disturbed by construction activity has sufficient ground cover to control erosion and the period of extended responsibility has expired.

(2) For areas to be developed for the intended postmining land use two or more years after regrading is completed, revegetation shall meet the ground cover success standards contained in paragraph (G)(2) of this rule for reclamation phase II approval or phase II performance security release and paragraph (G)(3)(b) of this rule for phase III performance security release, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release.

(K) General requirements for woody vegetation.

(1) For areas for which the approved postmining land use requires woody plants as the primary vegetation, success of revegetation shall be determined on the basis of tree, shrub, or half-shrub stocking and ground cover to ensure that commercial tree species, non-commercial tree species, or shrubs, sufficient for adequate use of available growing space, are established after coal mining.

(2) Quality stock and proven field techniques in the science of woody revegetation on mined areas shall be employed.

(3) The chief shall determine the appropriate stocking level of trees and shrubs, the appropriate species of trees and shrubs, the appropriate herbaceous species and mixtures of herbaceous species, and the appropriate planting arrangement after consultation with and approval by the division of forestry for areas where the approved postmining land use is forest, or consultation with and approval by the division of wildlife for areas where the approved postmining land use is fish and wildlife habitat or undeveloped land.

(4) The number of stems per unit area will be used to determine the degree to which space is occupied by properly distributed acceptable trees. Volunteer stems of acceptable tree species may also be counted.

(L) Revegetation success standards for forest land, fish and wildlife habitat, or other postmining land uses that require establishment of woody vegetation.

(1) For areas where the approved postmining land use is forest or fish and wildlife habitat, revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when:

(a) There are at least six hundred trees or shrubs per acre on each acre on which trees or shrubs are to be planted; and

(b) The herbaceous ground cover provides the greater of thirty per cent cover or sufficient cover to control erosion.

(2) Revegetation shall be determined to be successful for a phase III performance security release in the last year of the period of extended responsibility for revegetation success when the period of extended responsibility has expired, the herbaceous ground cover is at least seventy per cent, and:

(a) For areas where the approved postmining land use is forest, the area has a minimum of four hundred fifty countable trees per acre, of which a minimum of seventy-five per cent are commercial tree species, and of which eighty per cent have been in place for at least three years, on each acre on which trees or shrubs are to be planted; or

(b) For areas where the approved postmining land use is fish and wildlife habitat, the area has a minimum of two hundred fifty countable trees per acre, of which eighty per cent have been in place for at least three years, on each acre on which trees or shrubs are to be planted.

(M) Revegetation success standards for undeveloped land.

(1) For areas for which the approved postmining land use is undeveloped land, success of revegetation shall be determined on the basis of ground cover and the proper planting of appropriate tree and shrub species specified in the approved planting plan. Such plans shall include tree or shrub plantings over ten to fifty per cent of the revegetated area. Planting locations shall include slopes steeper than twenty degrees and areas along drainways and permanent sources of water.

(2) In addition to meeting the general requirements for woody vegetation contained in paragraphs (K)(2) and (K)(3) of this rule, the selected tree and shrub species and herbaceous ground cover species shall have value as wildlife habitat, and the herbaceous ground cover species shall be compatible with the growth of acceptable species of trees and shrubs, as determined by the chief with consultation of the division of wildlife.

(3) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the herbaceous ground cover species are established and provide sufficient ground cover to control erosion.

(4) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired, and:

(a) Acceptable species of trees and shrubs have been properly planted and in accordance with the approved planting plan at a rate of six hundred trees or shrubs per acre on each acre on which trees or shrubs are to be planted;

(b) The herbaceous ground cover on areas not planted with trees or shrubs meets the ground cover standards of paragraph (G)(3)(b) of this rule, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release; and

(c) The herbaceous ground cover on areas on which trees or shrubs are planted is at least seventy per cent in the last year of the period of extended responsibility for revegetation success.

(N) Revegetation success standards for recreation areas.

(1) For areas where the approved postmining land use is developed recreation facilities, including but not limited to portions of parks, camps, and amusement areas where woody vegetation would be incompatible with the approved postmining land use, the area shall meet the ground cover standards of paragraph (G)(2) of this rule for reclamation phase II approval or phase II performance security release and paragraph (G)(3)(b) of this rule for phase III performance security release, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release.

(2) For areas where the approved postmining land use is recreation area with less intensive uses, such as hiking or canoeing, the area shall meet the general requirements for woody vegetation in accordance with paragraph (K) of this rule, and the revegetation success standards of paragraph (L)(1) of this rule for reclamation phase II approval or phase II performance security release and paragraph (L)(2) of this rule in the last year of the period of extended responsibility for revegetation success for phase III performance security release.

(O) Revegetation success standards on lands eligible for remining.

(1) For pasture and grazing land:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the standards of paragraph (G)(2) of this rule are met; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired and the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, have provided, during the last year of the period of extended responsibility, ground cover equal to or exceeding seventy percent cover and adequate to control erosion, with no single area with less than thirty percent cover exceeding the lesser of three thousand square feet or 0.3 per cent of the land affected.

(2) For cropland, other than prime farmland:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the standards of paragraph (G)(2) of this rule are met; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when:

(i) The period of extended responsibility has expired and the yield data of crop harvest on the mined area for any year of the period of extended responsibility, except the first year, equals or exceeds the average county yield for comparable crops and hay crops; and

(ii) The vegetation meets, at a minimum, the ground cover standards of paragraph (O)(1)(b) of this rule during the last year of the period of extended responsibility.

(3) For industrial, residential, or commercial land use, other than commercial forest land:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when vegetation meets the ground cover success standards of paragraph (G)(2) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when vegetation meets the standards of paragraph (O)(1)(b) of this rule.

(4) For forest land, fish and wildlife habitat, or other land use which requires the establishment of woody vegetation:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when vegetation meets the success standards of paragraph (L)(1) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when vegetation meets the standards of paragraph (L)(2) of this rule, except that of the minimum countable trees per acre, eighty per cent have been in place for at least two years, on each acre on which trees or shrubs are to be planted.

(5) For undeveloped land:

(a) Success of revegetation shall be determined as provided in paragraphs (M)(1), (M)(2) and (M)(3) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired and the vegetation meets the requirements of paragraph (M)(4) of this rule except that the herbaceous ground cover on areas not planted with trees or shrubs must meet the standards of paragraph (O)(1)(b) of this rule.

(6) For recreation areas:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release, for areas where herbaceous vegetation comprises the ground cover, when the standard of paragraph (G)(2) of this rule are met;

(b) Revegetation shall be determined to be successful for a phase III performance security release, for the areas listed in paragraph (O)(6)(a) of this rule, when the standards of paragraph (O)(1)(b) of this rule are met;

(c) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release, for areas which require the planting of woody vegetation as described in paragraph (N)(2) of this rule, when the standards of paragraph (L)(1) of this rule are met; and

(d) Revegetation shall be determined to be successful for a phase III performance security release for areas listed in paragraph (O)(6)(c) of this rule, when the standards of paragraph (L)(2) of this rule are met.

(P) Planting report. Upon completion of planting, the permittee shall file planting reports with the chief, on a form prescribed and furnished by the chief, providing the following information:

(1) Permit number;

(2) The type of planting or seeding, including mixtures and amounts;

(3) The date of planting, seeding, or reseeding;

(4) The area of land planted; and

(5) Such other relevant information as the chief may require.

Last updated February 27, 2023 at 9:59 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-10-01

(A) Road classification system.

(1) Each road shall be classified as either a primary road or a secondary road.

(2) A "primary road" is any road which is:

(a) Used for transporting coal or spoil;

(b) Frequently used for access or other purposes for a period in excess of six months; or

(c) To be retained for an approved postmining land use.

(3) A "secondary road" is any road not classified as a primary road.

(B) Performance standards. Primary and secondary roads shall be located, designed, constructed, reconstructed, used, maintained and reclaimed so as to:

(1) Control or prevent erosion, siltation and the air pollution attendant to erosion, including road dust as well as dust occurring on other exposed surfaces, by measures such as vegetating or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices;

(2) Control or prevent damage to fish, wildlife, or their habitat and related environmental values;

(3) Control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;

(4) Neither cause nor contribute to, directly or indirectly, the violation of state or federal water quality standards applicable to receiving waters;

(5) Minimize the diminution to or degradation of the quality or quantity of surface- and ground-water systems;

(6) Refrain from significantly altering the normal flow of water in streambeds or drainage channels;

(7) Prevent or control damage to public or private property; and

(8) Use nonacid- or nontoxic-forming substances in road surfacing.

(C) Design and construction limits and establishment of design criteria. To ensure environmental protection and safety appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, culvert size, and any necessary design criteria established by the chief.

(D) Location.

(1) No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the chief in accordance with paragraphs (A), (B), (E), (F), (J), (K) and (M) of rule 1501:13-9-04 of the Administrative Code.

(2) Roads shall be located to minimize downstream sedimentation and flooding.

(E) Maintenance.

(1) A road shall be maintained throughout the life of the permit to meet the performance standards of this rule and any additional criteria specified by the chief.

(2) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as practical after the damage has occurred.

(F) Reclamation. A road not to be retained for use under an approved postmining land use shall be reclaimed immediately after it is no longer needed for mining and reclamation operations, including:

(1) Closing the road to traffic;

(2) Removing all bridges and culverts;

(3) Restoring the natural drainage patterns;

(4) Reshaping all cut and fill slopes to be compatible with the postmining land use and to complement the drainage pattern of the surrounding terrain;

(5) Scarifying or ripping the road bed, replacing topsoil and revegetating disturbed surfaces in accordance with rules 1501:13-9-03 and 1501:13-9-15 of the Administrative Code; and

(6) Removing or otherwise disposing of road-surfacing materials that interfere with the postmining land use.

(G) Primary roads. In addition to paragraphs (A) to (F) of this rule, primary roads shall meet the requirements of paragraph (G) of this rule.

(1) Certification.

(a) The plans and drawings of primary roads shall be prepared by, or under the direction of, an engineer, and shall be certified by an engineer, or jointly by an engineer and a surveyor to the extent such joint certification is permitted by state law, as meeting: the requirements of Chapters 1501:13-1 to 1501:13-14 of the Administrative Code; current, prudent engineering practices; and any design criteria established by the chief.

(b) The construction or reconstruction of primary roads shall be certified in a report to the chief by an engineer or a surveyor, or jointly by an engineer and a surveyor to the extent required by state law, as having been completed as designed and in accordance with the approved plan.

(2)

(a) Location. To minimize erosion, a primary road is to be located, insofar as practical, on the most stable available surfaces.

(b) Stream fords by primary roads are prohibited unless they are specifically approved by the chief as temporary routes during periods of construction.

(3) Stability. Each primary road embankment shall have a minimum static safety factor of 1.3 or be designed in accordance with paragraph (M)(2) of rule 1501:13-4-05 or paragraph (L)(2) of rule 1501:13-4-14 of the Administrative Code.

(4) Drainage control.

(a) Each primary road shall be designed, constructed or reconstructed, and maintained to have adequate drainage control, using structures such as, but not limited to, bridges, ditches, cross drains, and ditch relief drains. The drainage control system shall be designed to pass the peak runoff safely from a ten-year, six-hour precipitation event or greater event, as specified by the chief.

(b) Drainage pipes and culverts shall be constructed to avoid plugging or collapse and erosion at inlets and outlets.

(c) Drainage ditches shall be designed to prevent uncontrolled drainage over the road surface and embankment. Trash racks and debris basins shall be installed in the drainage ditches where debris from the drainage area may impair the functions of drainage and sediment control structures.

(d) Culverts shall be designed, installed, and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road.

(e) Natural stream channels shall not be altered or relocated without the prior approval of the chief in accordance with rule 1501:13-9-04 of the Administrative Code.

(f) Except as provided in paragraph (G)(2)(b) of this rule, drainage structures for stream channel crossings shall be made using bridges, culverts or other structures designed, constructed, and maintained using current, prudent engineering practices.

(5) Surfacing. Primary roads shall be surfaced with rock, crushed gravel, asphalt, or other material approved by the chief as being sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road.

(6) Maintenance. Routine maintenance of primary roads shall include repairs to the road surface, blading, filling potholes and adding replacement gravel or asphalt. It shall also include revegtation, brush removal, and minor reconstruction of road segments as necessary.

Last updated February 27, 2023 at 10:00 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-14

(A) In order to achieve the approximate original contour, the operator shall, as provided by this rule, transport, backfill, compact where advisable to ensure stability or to prevent leaching of toxic materials, and grade all spoil material to eliminate all highwalls, spoil piles, and depressions. Where highwalls are reduced by blasting, all of the provisions of this rule will apply. Small depressions may be left if compatible with the future land use and comply with the requirements of this rule. Cut and fill terraces may be used only in those situations expressly identified in this rule. The postmining graded slopes must approximate the premining natural slopes in the area in accordance with paragraphs (B) and (C)(1) of this rule, except as provided under paragraph (L) of this rule.

(B) Slope measurements.

(1) To determine the natural slopes of the area before mining, representative slopes must be accurately measured and recorded.

(a) Each slope measurement shall be taken along the prevailing slope extending one hundred linear feet above and below or beyond the coal outcrop or the area to be disturbed, or, where this is impractical, at locations specified by the chief.

(b) Where the area has been previously mined, the measurements shall be representative of the premining configuration of the land.

(c) Slope measurements shall take into account natural variations in slope so as to provide accurate representation of the range of natural slopes and shall reflect geomorphic differences of the area to be disturbed.

(2) After the disturbed area has been graded, the final graded slopes shall be measured, comparing the premining slope measurements as shown on the application map.

(3) Slope measurements shall be subject to a five-degree tolerance unless otherwise specified by the chief, provided that this tolerance does not conflict with the approved postmining land use.

(C) Final graded slopes.

(1) The final graded slopes shall not exceed either the approximate premining slopes as determined according to paragraph (B) of this rule and approved by the chief or any lesser slope specified by the chief based on consideration of soil, climate, or other characteristics of the surrounding area. Proof of a minimum long-term static safety factor of 1.3 for the final slopes may be required by the chief. Final graded slopes shall not exceed the angle of repose or such lesser slope as is necessary to achieve this minimum long-term static safety factor and to prevent slides. Postmining final graded slopes need not be uniform.

(2) On approval by the chief and in order to conserve soil moisture, ensure stability, and control erosion on final grade slopes, cut and fill terraces may be allowed if the terraces are compatible with the postmining land use approved under rule 1501:13-9-17 of the Administrative Code, and are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces shall meet the following requirements:

(a) The design and construction is to be certified by an engineer;

(b) The slope of the terrace outslope shall not exceed fifty per cent; and

(c) No highwalls may be left.

(3) All operations on natural slopes of more than twenty degrees or on such lesser slopes as the chief defines as a steep slope shall meet the provisions of rule 1501:13-13-05 of the Administrative Code.

(D) Spoil, except excess spoil disposed of in accordance with rule 1501:13-9-07 of the Administrative Code, shall be returned to the mined-out area or used in accordance with paragraph (E) of this rule for blending to restore approximate original contour.

(E) Blending of spoil. Spoil may be placed on the area outside the mined-out area in nonsteep slope areas within the limits of the approximate original contour by blending the spoil into the surrounding terrain provided all the following requirements are met:

(1) All vegetative and organic material shall be removed from the area;

(2) The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with rule 1501:13-9-03 of the Administrative Code; and

(3) The spoil area shall be backfilled and graded on the area in accordance with the requirements of this rule.

(F) Mountaintop removal. The requirements of this paragraph and of rule 1501:13-13-04 of the Administrative Code shall apply to coal mining operations which remove entire coal seams in the upper part of a mountain, ridge, or hill by removing all of the overburden. Final graded top plateau slopes on the mined area shall be less than twenty per cent so as to create a level plateau or gently rolling configuration and the outslopes of the plateau shall not exceed fifty per cent or such lesser slopes as the chief shall prescribe. Although the area need not be restored to approximate original contour, all highwalls, spoil piles, and depressions except as provided in paragraphs (G) and (H) of this rule shall be eliminated. All mountaintop removal operations shall, in addition, meet the provisions of rule 1501:13-13-04 of the Administrative Code.

(G) Small depressions. The requirement of this rule to achieve the approximate original contour does not prohibit construction of small depressions if they are approved by the chief to minimize erosion, conserve soil moisture, promote revegetation, or enhance fish and wildlife. These depressions shall be compatible with the approved postmining land use and shall not be inappropriate substitutes for construction of lower grades on the reclaimed lands. The total surface area and the holding capacity of the depression shall be approved by the chief. Permanent impoundments shall be governed by paragraph (H) of this rule and by rule 1501:13-9-04 of the Administrative Code.

(H) Permanent impoundments. Permanent impoundments may be retained in mined and reclaimed areas provided all highwalls are eliminated by grading to appropriate contour and the provisions for postmining land use pursuant to rule 1501:13-9-17 of the Administrative Code and protection of the hydrologic balance pursuant to rule 1501:13-9-04 of the Administrative Code are met. No impoundments shall be constructed on top of areas in which excess spoil is deposited pursuant to rule 1501:13-9-07 of the Administrative Code.

(I) Regrading or stabilizing rills and gullies. Rills and gullies which form in regraded, topsoiled areas shall be filled, regraded or otherwise stabilized and have the topsoil replaced and the areas reseeded or replanted, when the rills and gullies either:

(1) Disrupt the approved postmining land use or the reestablishment of the vegetative cover; or

(2) Cause or contribute to a violation of water quality standards.

(J) Covering or otherwise treating coal and acid-forming, toxic-forming, combustible, and other waste materials; stabilizing backfilled materials; and using waste material for fill.

(1) Covering all exposed coal seams remaining after mining. Any acid-forming, toxic-forming or combustible materials, or any other waste materials exposed, used, or produced from a coal mining operation shall be:

(a) Placed in such a manner so as to:

(i) Isolate said materials to minimize contact with water;

(ii) Prevent combustion; and

(iii) Prevent adverse effects on plant growth and land use;

(b) Placed in such a manner so as not to be in proximity to a drainage course; and

(c) Covered with four feet of nontoxic and noncombustible material or treated to a nontoxic and noncombustible state. The chief may allow less than four feet of cover material based on physical and chemical analyses which show the requirements of rule 1501:13-9-15 of the Administrative Code will be met.

(2) Stabilization. Backfilled materials shall be selectively placed and compacted wherever necessary to prevent leaching of acid- or toxic-forming materials into surface or subsurface waters in accordance with rule 1501:13-9-04 of the Administrative Code and wherever necessary to ensure the stability of the backfilled materials. The method of compacting material and the design specifications shall be approved by the chief before the acid- or toxic-forming materials are covered.

(3) Use of waste materials as fill. Coal mine wastes may be disposed of in the mined-out area only if disposed of in accordance with paragraphs (A) and (B) of rule 1501:13-9-09 of the Administrative Code, except that a long-term static safety factor of 1.3 shall be achieved.

(K) Grading along the contour. All final grading, preparation of overburden before replacement of topsoil, and placement of topsoil in accordance with rule 1501:13-9-03 of the Administrative Code, shall be done along the contour to minimize subsequent erosion and instability. If such grading, preparation or placement along the contour would be hazardous to equipment operators, then grading, preparation, or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation, or placement shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.

(L) The postmining slope may vary from the approximate original contour when approval is obtained from the chief for:

(1) Mountaintop removal operations in accordance with paragraph (C) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of paragraph (F) of this rule and of rule 1501:13-13-04 of the Administrative Code are met;

(2) A variance from approximate original contour requirements in accordance with paragraph (E) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of rule 1501:13-13-05 of the Administrative Code are met; or

(3) Incomplete elimination of highwalls in previously mined areas in accordance with paragraph (K) of rule 1501:13-4-12 of the Administrative Code, provided the following performance standards are met. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

(a) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the highwall. The area of reasonably available spoil shall be included within the permit area;

(b) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability;

(c) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the chief, that the highwall remnant is stable;

(d) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment; and

(e) For auger mining operations, the following additional requirements shall be met:

(i) The coal seam mined shall be covered with a minimum of four feet of nonacid-, nontoxic-forming material; and

(ii) The person who conducts the auger mining operation shall demonstrate to the chief that the backfill, designed by an engineer, has a minimum static safety factor for the stability of the backfill of at least 1.3.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-13-08

(A) General requirements.

(1) The permittee shall restore on the permit area streams and wetlands affected by mining operations unless the chief approves restoration off the permit area by means of mitigation pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule.

(2) An applicant's or permittee's request for restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule, submitted to the chief as part of an application for a permit or a revision to a permit, shall be subject to the requirements of these rules for applications for permits and revisions to permits.

(3) Areas off the permit area proposed for restoration shall be in compliance with paragraph (E) of rule 1501:13-9-04 of the Administrative Code.

(B) Hydrologic and engineering assessment. An applicant or permittee seeking approval of restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule shall submit a hydrologic and engineering assessment of the affected lands to the chief, on a form provided by the chief, as part of an application for a permit or revision to a permit. The hydrologic and engineering assessment of the affected lands shall include, as applicable, the following information:

(1) Identification of the stream (in linear feet) or the wetland (in acreage) that cannot be restored on the permit area;

(2) A detailed explanation of why restoration of the stream or wetland on the permit area is not possible, including the following:

(a) A description of available water sources and their potential for restoration;

(b) A description of methods such as compaction or lining of the streambed that have been considered and an assessment of why those methods are not viable options to reduce infiltration and restore the stream;

(c) One or more reclamation cross sections showing that each stream and wetland, or portion thereof, cannot be restored on the permit area. The cross section shall include the location of the final highwall and any aquifers;

(3) A discussion of how the permanent loss of the quality and quantity of the stream or wetland on the permit area will be addressed through the mitigation plan, including a description of the pre-mining uses of the stream or wetland and how disturbance to the hydrologic balance within the permit and adjacent areas will be minimized and how material damage outside the permit area will be prevented;

(4) A detailed explanation of how the permit area will not contribute to sediment load downstream without a defined stream; and

(5) Any other information needed for the chief to make a determination pursuant to paragraph (E)(1) of this rule.

(C) Proposed mitigation plan. An applicant or permittee seeking approval of restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule shall submit to the chief the proposed mitigation plan and proposed mitigation activities that the applicant or permittee intends to perform pursuant to a permit issued under sections 401 and 404 of the "Federal Water Pollution Control Act" as defined in section 6111.01 of the Revised Code or an isolated wetland permit issued under Chapter 6111. of the Revised Code or pursuant to a no-cost reclamation contract for the restoration of water resources affected by past mining activities pursuant to section 1513.37 of the Revised Code. The mitigation plan shall describe the mitigation activities for the stream or wetland, or the portion of the stream or wetland, for which restoration on the permit area is not possible and, as applicable, identify the location where mitigation activities off the permit area are to be constructed.

(D) Landowner notification. The applicant or permittee shall notify the owner of record of the surface of the permit area by certified mail or other method able to track receipt of delivery, on a form provided by the chief, that the applicant or permittee intends to request restoration off the permit area by means of mitigation for a stream or wetland or a portion of a stream or wetland that cannot be restored on the portion of the permit area owned by the owner of record. The applicant or permittee shall submit a copy of the landowner notification to the chief as part of the application for a permit or revision to a permit.

(E) Review by the chief.

(1) No request for restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule shall be approved unless the application affirmatively demonstrates, and the chief makes written determinations, on the basis of information set forth in the application or from information otherwise available, that is documented in the approval and made available to the applicant, that:

(a) The hydrologic and engineering assessment submitted under paragraph (B) of this rule demonstrates that restoration on the permit area is not possible;

(b) The proposed mitigation plan under which mitigation activities described in paragraph (C) of this rule will be conducted is limited to a stream or wetland, or a portion of a stream or wetland, for which restoration on the permit area is not possible;

(c) The mitigation activities off the permit area, including mitigation banking, payment of in-lieu mitigation fees or other alternative approved mitigation activities, will be performed pursuant to a permit issued under sections 401 and 404 of the "Federal Water Pollution Control Act" as defined in section 6111.01 of the Revised Code or an isolated wetland permit issued under Chapter 6111. of the Revised Code or pursuant to a no-cost reclamation contract for the restoration of water resources affected by past mining activities pursuant to section 1513.37 of the Revised Code; and

(d) The proposed mitigation plan and mitigation activities comply with the standards established in section 1513.16 of the Revised Code and these rules.

(2) The chief shall review any comments and any other relevant information received about the proposed restoration off the permit area.

(3) Review and approval or disapproval by the chief of a request for restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule is subject to the requirements of these rules for applications for permits and revisions to permits.

(F) Restoration off the permit area.

(1) If the chief approves restoration off the permit area by means of mitigation in accordance with division (A)(25) of section 1513.16 of the Revised Code and this rule, the permittee shall complete all mitigation construction or other activities required by the mitigation plan in the approved permit.

(2) Release of performance bond.

(a) If the chief approves restoration off the permit area by means of mitigation in accordance with division (A)(25) of section 1513.16 of the Revised Code and this rule, the chief shall release performance security for reclamation activities on the permit area pursuant to division (F) of section 1513.16 of the Revised Code, except that the chief shall not release the remaining portion of performance security under division (F)(3)(c) of section 1513.16 of the Revised Code prior to completion of construction, to the satisfaction of the chief, of the required mitigation activities off the permit area, as specified in the approved mitigation plan.

(b) If the approved mitigation plan includes only mitigation activities which require no construction, such as mitigation banking or payment of in-lieu mitigation fees or alternative mitigation approved in a permit issued under section 401 and 404 of the "Federal Water Pollution Control Act" as defined in section 6111.01 of the Revised Code or an isolated wetland permit issued under Chapter 6111. of the Revised Code, the chief, upon his or her approval of restoration off the permit area in accordance with division (A)(25) of section 1513.16 of the Revised Code and this rule, shall release performance security pursuant to division (F) of section 1513.16 of the Revised Code.

Last updated February 14, 2022 at 11:20 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-05

(A) Operation plan: general requirements.

(1) This rule shall apply only to coal mining operations other than underground mining operations.

(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations;

(i) The description shall identify the mining method as area mining, contour mining, another named mining method, or combination of methods to be identified by name;

(ii) For contour mining or area mining, the description shall include, at a minimum, the maximum extent of cover to be mined, the location where the mining will begin, the direction the mining will proceed, and the ending point of the operation. If the mining operation will utilize multiple pits, the description shall be included for each mining pit;

(iii) For mining methods other than area mining or contour mining, or for combinations of methods, the description shall include each of the items required under paragraph (A)(2)(a)(ii) of this rule and in addition shall include other information that demonstrates the orderly and reasonable progression of mining, including, but not limited to, spoil placement plans, proposed locations of haul roads that will be used or retained for an extended period of time, and the intended timing of mining operations;

(iv) The description shall specify for the mining method(s) proposed how the time and distance requirements of rule 1501:13-9-13 of the Administrative Code will be met; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code and is approved by the chief):

(i) Dams, embankments, and other impoundments;

(ii) Overburden and topsoil handling and storage areas and structures;

(iii) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(iv) Spoil, coal processing waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;

(v) Mine facilities; and

(vi) Water and air pollution control facilities.

(3) Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in the detail necessary for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(B) Operation plan: existing structures.

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal mining and reclamation operation. The description shall include:

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal mining and reclamation operation. The compliance plan shall include:

(a) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code;

(b) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(C) Operation plan: blasting. Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:

(1) Information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations;

(2) A description of any system to be used to monitor compliance with the airblast and ground vibration limits established under paragraph (C)(1) of this rule, including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring; and

(3) For blasting operations within five hundred feet of active underground mines, copies of the approvals given by the state and federal regulatory authorities concerned with the health and safety of underground miners.

(D) Reclamation plan: general requirements.

(1) Each application shall contain a plan for describing reclamation of the lands within the proposed permit area, showing how the applicant will comply with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder. The plan shall include, at a minimum, all information required under paragraphs (D) to (P) of this rule.

(2) Each plan shall contain, where appropriate, the following information for the proposed permit area:

(a) A detailed timetable for the completion of each major step in the reclamation plan which, at a minimum, addresses the reclamation timing requirements of paragraph (A) of rule 1501:13-9-13 of the Administrative Code, and is specific to the mining method described in accordance with paragraph (A)(2)(a) of this rule;

(b) A description of the backfilling, soil stabilization and grading;

(c) A description of the removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of rule 1501:13-9-03 of the Administrative Code. A demonstration of the suitability of topsoil substitutes or supplements under rule 1501:13-9-03 of the Administrative Code shall be based upon analysis of the thickness of soil horizons, total depth, texture, per cent coarse fragments, pH, and areal extent of the different kinds of soils. The chief may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(d) A description of the revegetation as required in rule 1501:13-9-15 of the Administrative Code, including, but not limited to, descriptions of the:

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(vi) Irrigation, if appropriate, and disease, pest and vermin control, if any; and

(vii) The measures proposed to be used to determine the success of revegetation as required under rule 1501:13-9-15 of the Administrative Code;

(e) A description of the measures to be used to maximize the use and conservation of the coal resources as required by rule 1501:13-9-05 of the Administrative Code;

(f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with paragraph (E) of rule 1501:13-9-09 of the Administrative Code and paragraph (J) of rule 1501:13-9-14 of the Administrative Code and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(g) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with rule 1501:13-9-02 of the Administrative Code; and

(h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and regulations and health and safety standards.

(E) Reclamation plan: protection of the hydrologic balance.

(1) Each application shall contain a plan for the protection of the hydrologic balance. The plan shall be specific to the local hydrologic conditions and shall describe the measures to be taken during and after the proposed coal mining operations in accordance with rule 1501:13-9-04 of the Administrative Code to:

(a) Minimize disturbance to the hydrologic balance within the permit and adjacent areas and to prevent material damage outside the permit area;

(b) Protect the rights of present users of surface and ground water;

(c) Avoid acid or toxic drainage;

(d) Control surface water drainage into, through, and out of the proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative Code;

(e) Treat, when required under these rules, surface and ground water drainage from the area to be disturbed by the proposed activities, so as not to exceed quantitative limits on pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the Administrative Code;

(f) Restore the approximate recharge capacity of the proposed permit area in accordance with paragraph (L) of rule 1501:13-9-04 of the Administrative Code and protect or replace rights of present water users;

(g) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area. Vegetation may be determined by the chief to be the best technology currently available upon a demonstration by the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule 1501:13-9-04 of the Administrative Code have been met. If the applicant proposes to make such a demonstration after vegetation is established and remove siltation structures sooner than two years after the last augmented seeding of a drainage area, the applicant shall state such intentions in the timetable and plans for removal of sediment control structures required by paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;

(h) Address any potential adverse hydrologic consequences identified in the determination of probable hydrologic consequences under paragraph (E)(2) of this rule and include preventative and remedial measures; and

(i) Meet applicable state and federal water quality laws and regulations.

(2) Determination of probable hydrologic consequences (PHC).

(a) The plan shall include a determination of the probable hydrologic consequences of the proposed coal mining operations on the proposed permit area and adjacent areas. This determination shall be based on baseline hydrologic, geologic and other information collected for the permit application with respect to the hydrologic regime, providing information on the quantity and quality of water in surface and ground-water systems under seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, and total manganese.

(b) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area;

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(c) Flooding or streamflow alteration;

(d) Ground-water and surface-water availability; and

(e) Other characteristics as required by the chief.

(c) An application for a permit revision shall be reviewed by the chief to determine whether a new or updated PHC determination shall be required.

(F) Ground-water and surface-water monitoring plans.

(1) Ground-water monitoring plan.

(a) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (E)(1) of this rule. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, specific conductance corrected to twenty-five degrees centigrade, pH, total iron, total manganese, and water levels shall be monitored. The data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(b) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the general area, then monitoring of that stratum may be waived by the chief.

(2) Surface-water monitoring plan.

(a) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R. part 434.

(b) The plan shall identify the surface-water quantity and the quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in the permit and adjacent areas, surface-water bodies such as streams, lakes and impoundments, that are potentially affected or into which water will be discharged, and at upstream monitoring locations, the specific conductance corrected to twenty-five degrees centigrade, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.

(iii) The data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(G) Reclamation plan: postmining land uses.

(1) Each application shall contain a plan for the postmining land use. The plan shall describe the proposed use following reclamation of the land within the proposed permit area including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and

(b) When a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under these rules.

(2) The plan shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation. In cases where no surface disturbance will result from the applicant's proposed use of auger/highwall mining, this paragraph shall not apply.

(3) The plan shall describe the consideration which has been given to making all of the proposed coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.

(1) General requirements.

(a) Each application shall include a detailed design plan for each proposed siltation structure, water impoundment, and coal mine waste bank, dam, or embankment within the proposed permit area. Each plan shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(b) Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (H)(1)(b) of this rule, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any design and construction requirements for the structure, including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(2) Impoundments.

(a) Permanent and temporary impoundments shall be designed in compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any impoundment shall be certified by an engineer experienced in impoundment design and construction. The certification statement shall state that the structure is designed to meet the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each design plan for an impoundment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a). The plan required to be submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be submitted to the chief as part of the permit application.

(c) Impoundments not meeting the size or other criteria of paragraph (H)(1)(b) of this rule may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative Code:

(i) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(ii) If the natural slope of the foundation as measured at right angles to the embankment center line is steeper than 10:1V (ten per cent), the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(iii) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(iv) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(v) The moisture content of the fill material shall be sufficient to secure proper compaction. (An indication of sufficient moisture content is that when kneaded by hand the soil should just form a ball which does not readily separate. The engineer may specify other methods of testing moisture content, if appropriate.) When it is necessary to use materials of varying texture and gradation, the more impervious material shall be placed in the upstream and center portions of the embankment and the more pervious material shall be placed in the downstream portion of the fill;

(vi) The embankment's combined upstream and downstream side slopes shall be no steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added together.); and

(vii) The minimum top width of the embankment shall be (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment.

(3) Siltation structures.

(a) Permanent and temporary siltation structures shall be designed in compliance with the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code. The design of any siltation structure shall be certified by an engineer experienced in impoundment design and construction. The certification shall state that the structure is designed to meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code.

(b) In addition to the requirements of paragraph (H)(1) of this rule, the plan shall include a determination of:

(i) The required sediment storage volume; and

(ii) The detention time provided by the pond.

(c) Each design plan for a siltation structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(4) Coal mine waste dams and embankments.

(a) Coal mine waste dams and embankments shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste dam or embankment shall be certified by an engineer experienced in design of similar earth and waste structures. The certification statement shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current, prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

(iv) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(c) Each design plan for a coal mine waste dam or embankment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(5) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions regarding impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank shall be certified by an engineer experienced in design of similar earth and waste structures. The certification shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current, prudent engineering practices.

(6) If the structure meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called Class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(7) For further information about natural resources conservation service technical release TR-210-60, which is incorporated by reference in paragraph (H) of this rule, see paragraph (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.

(I) Surface mining near underground mining. For surface mining operations within the proposed permit area to be conducted within five hundred feet of an underground mine either active or abandoned, the application shall describe the measures to be used to comply with rule 1501:13-9-08 of the Administrative Code.

(J) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.

(K) Protection of public parks and historic places.

(1) For any publicly owned parks or any places listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, that may be adversely affected by the proposed operation, each application shall describe the measures to be used:

(a) To prevent adverse impacts; or

(b) If valid existing rights exist or joint agency approval is to be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code, to minimize adverse impacts. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(2) The chief may require the applicant to protect historic or archeological properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (K)(1) of this rule, through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

(L) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:

(1) Conducting the proposed coal mining operations within one hundred feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or

(2) Relocating a public road.

(M) Transportation facilities.

(1) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross sections, and the following:

(a) Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

(b) A description of measures to be taken to obtain approval of the chief for alteration or relocation of a natural drainageway under rule 1501:13-10-01 of the Administrative Code;

(c) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the chief under rule 1501:13-10-01 of the Administrative Code;

(d) Drawings and specifications for each proposed ford of perennial or intermittent streams outside the mined-out area that is used as a temporary route, as necessary for approval of the ford by the chief in accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative Code; and

(e) A description of plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road embankments may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (G)(3) of rule 1501:13-10-01 of the Administrative Code:

(a) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(b) If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8h:1v, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(c) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(d) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(e) The moisture content of the fill material shall be sufficient to secure proper compaction;

(f) The side slopes of the embankment shall be no steeper than 2h:1v;

(g) Embankments with upstream and downstream slopes shall have a minimum top width of (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment;

(h) Hillside embankments shall have a minimum top width adequate for the intended use; and

(i) Culverts shall be placed such that the embankment, as defined in rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time.

(N) Disposal of excess spoil.

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to rule 1501:13-9-07 of the Administrative Code. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(a) The character of bedrock and any adverse geologic conditions in the disposal area;

(b) A survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;

(c) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(d) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(e) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(3) If, under paragraph (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or keyway cuts are required, the application shall include the following:

(a) The number, location and depth of borings or test pits. The number, location and depth shall be determined with respect to the size of the spoil disposal structure and sub-surface conditions; and

(b) Engineering specifications utilized to design the rock-toe buttresses or key-way cuts which shall be determined in accordance with paragraph (N)(2)(e) of this rule.

(O) Air pollution control plan. Each application shall contain an air pollution control plan, in order to address fugitive dust resulting from erosion. The plan shall include the following:

(1) An air quality monitoring program, if required by the chief, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (O)(2) of this rule to comply with applicable federal and state air quality standards; and

(2) A plan for fugitive dust control practices.

(P) Fish and wildlife plan.

(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(a) The scope and level of detail for such information shall be determined by the chief in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (P)(2) of this rule.

(b) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary of the interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(2) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable.

(a) This description shall:

(i) Be consistent with the requirements of rule 1501:13-9-11 of the Administrative Code;

(ii) Apply, at a minimum, to species and habitats identified under paragraph (P)(1) of this rule;

(iii) Include protective measures that will be used during the active mining phase of the operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(iv) Include enhancement measures that will be used during the reclamation and postmining phase of the operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(3) Fish and wildlife service review. Upon request, the chief shall provide the resource information required under paragraph (P)(1) of this rule and the protection and enhancement plan required under paragraph (P)(2) of this rule to the U.S. department of the interior, fish and wildlife service regional or field office for their review. This information shall be provided within ten days of receipt of the request from the service.

(Q) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-14

(A) Operation plan: general requirements.

(1) This rule shall apply only to underground mining operations.

(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine including:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code and is approved by the chief):

(i) Dams, embankments, and other impoundments;

(ii) Overburden and topsoil handling and storage areas and structures;

(iii) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(iv) Spoil, coal processing, waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;

(v) Mine facilities; and

(vi) Water and air pollution control facilities.

(3) Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in the detail necessary for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(B) Operation plan: existing structures.

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal mining and reclamation operation. The description shall include:

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) A showing, including relevant monitoring data or other evidence, of whether the structure meets the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal mining and reclamation operation. The compliance plan shall include:

(a) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code;

(b) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(C) Operation plan: blasting. If surface blasting incident to the underground mine operation is to be conducted, the application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:

(1) Information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations;

(2) Description of any system to be used to monitor compliance with the airblast and ground vibration limits established under paragraph (C)(1) of this rule, including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring; and

(3) For blasting operations within five hundred feet of active underground mines, copies of the approvals given by the state and federal authorities concerned with the health and safety of underground miners.

(D) Reclamation plan: general requirements.

(1) Each application shall contain a plan for describing reclamation of the lands within the proposed permit area, showing how the applicant will comply with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder. The plan shall include, at a minimum, all information required under paragraphs (D) to (R) of this rule.

(2) Each plan shall contain, where appropriate, the following information for the proposed permit area:

(a) A detailed timetable for the completion of each major step in the reclamation plan;

(b) A plan for the backfilling, soil stabilization, compacting, and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with rule 1501:13-9-14 of the Administrative Code;

(c) A description of the removal, storage, and redistribution of the topsoil, subsoil, and other material to meet the requirements of rule 1501:13-9-03 of the Administrative Code. A demonstration of the suitability of topsoil substitutes or supplements under rule 1501:13-9-03 of the Administrative Code shall be based upon analysis of the thickness of soil horizons, total depth, texture, per cent coarse fragments, pH, and areal extent of the different kinds of soils. The chief may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(d) A description of the revegetation as required in rule 1501:13-9-15 of the Administrative Code, including, but not limited to, descriptions of the:

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(vi) Irrigation, if appropriate, and disease, pest and vermin control, if any; and

(vii) The measures proposed to be used to determine the success of revegetation as required under rule 1501:13-9-15 of the Administrative Code;

(e) A description of the measures to be used to maximize the use and conservation of the coal resources as required by rule 1501:13-9-05 of the Administrative Code;

(f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials and materials constituting a fire hazard are disposed of in accordance with paragraph (E) of rule 1501:13-9-09 and paragraph (J) of rule 1501:13-9-14 of the Administrative Code and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(g) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings and to plug, case or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with rule 1501:13-9-02 of the Administrative Code; and

(h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and regulations and health and safety standards.

(E) Reclamation plan: protection of hydrologic balance.

(1) Each application shall contain a plan for the protection of the hydrologic balance. The plan shall be specific to the local hydrologic conditions and shall describe the measures to be taken during and after the proposed underground mining operations in accordance with rule 1501:13-9-04 of the Administrative Code to:

(a) Minimize disturbance to the hydrologic balance within the permit and adjacent areas and to prevent material damage outside the permit area;

(b) Protect the rights of present users of surface and ground waters within the permit area and adjacent areas;

(c) Avoid acid or toxic drainage;

(d) Control surface-water drainage into, through, and out of the proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative Code;

(e) Treat, when required under these rules, surface- and ground-water drainage from the area to be disturbed by the proposed underground mining surface operations, so as not to exceed quantitative limits on pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the Administrative Code;

(f) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area. Vegetation may be determined by the chief to be the best technology currently available upon a demonstration by the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule 1501:13-9-04 of the Administrative Code have been met. If the applicant proposes to make such a demonstration after vegetation is established and remove siltation structures sooner than two years after the last augmented seeding of a drainage area, the applicant shall state such intentions in the timetable and plans for removal of sediment control structures required by paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;

(g) Address any potential adverse hydrologic consequences identified in the determination of probable hydrologic consequences under paragraph (E)(2) of this rule and include preventative and remedial measures; and

(h) Meet applicable federal and state water quality laws and regulations.

(2) Determination of probable hydrologic consequences (PHC).

(a) The plan shall include a determination of the probable hydrologic consequences of the proposed underground mining operations on the proposed permit area and adjacent areas. This determination shall be based on baseline hydrologic, geologic and other information collected for the permit application with respect to the hydrologic regime, providing information on the quantity and quality of water in surface- and ground-water systems under seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, and total manganese.

(b) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area;

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(c) Flooding or streamflow alteration;

(d) Ground-water and surface-water availability; and

(e) Other characteristics as required by the chief.

(c) An application for a permit revision shall be reviewed by the chief to determine whether a new or updated PHC determination shall be required.

(3) Each plan shall contain a detailed description, with appropriate drawings, of permanent entry seals and downslope barriers designed to ensure stability under anticipated hydraulic heads developed while promoting mine inundation after mine closure for the proposed permit area.

(F) Ground-water and surface-water monitoring plans.

(1) Ground-water monitoring plan.

(a) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (E)(1) of this rule. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, specific conductance corrected to twenty-five degrees centigrade, pH, total iron, total manganese, and water levels shall be monitored. Data resulting from monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(b) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the general area, then monitoring of that stratum may be waived by the chief.

(2) Surface-water monitoring plan.

(a) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R. part 434.

(b) The plan shall identify the surface-water quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in the permit and adjacent areas, surface-water bodies such as streams, lakes and impoundments, that are potentially affected or into which water will be discharged, and at upstream monitoring locations, the specific conductance corrected to twenty-five degrees centigrade, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.

(iii) Data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(G) Reclamation plan: postmining land uses.

(1) Each application shall contain a plan for the postmining land use. The plan shall describe the proposed use following reclamation of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use polices and plans. This description shall explain:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and

(b) When a land use different from the premining land use is proposed, all materials needed for approval of the alternatives used under these rules.

(2) The plan shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.

(3) The plan shall describe the consideration which has been given to making all of the proposed coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.

(1) General requirements.

(a) Each application shall include a detailed design plan for each proposed siltation structure, water impoundment, and coal mine waste bank, dam, or embankment within the proposed permit area. Each plan shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(b) Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (H)(1)(b) of this rule, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any design and construction requirements for the structure including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(2) Impoundments.

(a) Permanent and temporary impoundments shall be designed in compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any impoundment shall be certified by an engineer experienced in impoundment design and construction. The certification statement shall state that the structure is designed to meet the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each design plan for an impoundment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a). The plan required to be submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be submitted to the chief as part of the permit application.

(c) Impoundments not meeting the size or other criteria of paragraph (H)(1)(b) of this rule may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative Code:

(i) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(ii) If the natural slope of the foundation as measured at right angles to the embankment center line is steeper than 10h:1v (ten per cent), the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(iii) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(iv) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(v) The moisture content of the fill material shall be sufficient to secure proper compaction. (An indication of sufficient moisture content is that when kneaded by hand the soil should just form a ball which does not readily separate. The engineer may specify other methods of testing moisture content if appropriate). When it is necessary to use materials of varying texture and gradation, the more impervious material shall be placed in the upstream and center portions of the embankment and the more pervious material shall be placed in the downstream portion of the fill;

(vi) The embankment's combined upstream and downstream side slopes shall be no steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added together.); and

(vii) The minimum top width of the embankment shall be (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment.

(3) Siltation structures.

(a) Permanent and temporary siltation structures shall be designed in compliance with the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code. The design of any siltation structure shall be certified by an engineer experienced in impoundment design and construction. The certification shall state that the structure is designed to meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code.

(b) In addition to the requirements of paragraph (H)(1) of this rule, the plan shall include a determination of:

(i) The required sediment storage volume; and

(ii) The detention time provided by the pond.

(c) Each design plan for a siltation structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(4) Coal mine waste dams and embankments.

(a) Coal mine waste dams and embankments shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste dam or embankment shall be certified by an engineer experienced in design of similar earth and waste structures. The certification statement shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current, prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

(iv) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(c) Each design plan for a coal mine waste dam or embankment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(5) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions regarding impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank shall be certified by an engineer experienced in design of similar earth and waste structures. The certification shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current, prudent engineering practices.

(6) If the structure meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216 (a), or meets the significant hazard potential or high hazard potential classification (formerly called Class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(7) For further information about natural resources conservation service technical release TR-210-60, which is incorporated by reference in paragraph (H) of this rule, see paragraph (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.

(I) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.

(J) Protection of public parks and historic places.

(1) For any publicly owned parks or any places listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, that may be adversely affected by the proposed operation, each application shall describe the measures to be used:

(a) To prevent adverse impacts; or

(b) If valid existing rights exist or joint agency approval is to be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code to minimize adverse impacts. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html.

(2) The chief may require the applicant to protect historic or archeological properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (J)(1) of this rule, through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

(K) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:

(1) Conducting the proposed coal mining operation within one hundred feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or

(2) Relocating a public road.

(L) Transportation facilities.

(1) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross sections, and the following:

(a) Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

(b) A description of measures to be taken to obtain approval of the chief for alteration or relocation of a natural drainageway under rule 1501:13-10-01 of the Administrative Code;

(c) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the chief under rule 1501:13-10-01 of the Administrative Code;

(d) Drawings and specifications for each proposed ford of perennial or intermittent streams outside the mined-out area that is used as a temporary route, as necessary for approval of the ford by the chief in accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative Code; and

(e) A description of plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road embankments may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (G)(3) of rule 1501:13-10-01 of the Administrative Code:

(a) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(b) If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8h:1v, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(c) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(d) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(e) The moisture content of the fill material shall be sufficient to secure proper compaction;

(f) The side slopes of the embankment shall be no steeper than 2h:1v;

(g) Embankments with upstream and downstream slopes shall have a minimum top width of (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment;

(h) Hillside embankments shall have a minimum top width adequate for the intended use; and

(i) Culverts shall be placed such that the embankment, as defined in rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time.

(M) Subsidence control plan.

(1) The application shall include, for the shadow area, the most recent available U.S. geologic survey 7.5-minute topographic map showing:

(a) The extent of underground workings proposed for the term of the permit, including existing works that will continue to be used under the permit, all shown on a year-by-year basis;

(b) Those parts of the proposed underground workings from which there will be full coal recovery;

(c) The angle of draw for the workings described in paragraphs (M)(1)(a) and (M)(1)(b) of this rule; and

(d) Those areas in which measures will be taken to prevent or minimize subsidence and subsidence-related damage.

(2) The application shall include an inventory which shall show whether structures or renewable resource lands exist within the proposed permit and adjacent areas and whether subsidence, if it occurred, could cause material damage or diminution of the reasonably foreseeable use of such structures or renewable resource lands. If the inventory shows that no such structures or renewable resource lands exists or no such material damage or diminution could be caused in the event of mine subsidence, and if the chief agrees with such conclusion, no further information need be provided in the application under paragraphs (M)(2)(a) to (M)(2)(e) of this rule. In the event the inventory shows that such structures or renewable resource lands exist, and that subsidence could cause material damage or diminution of value or foreseeable use of such structures or renewable resource lands, or if the chief determines that such material damage or diminution could occur, the application shall include a subsidence control plan which shall contain the following information:

(a) A description of the method of coal removal, such as longwall, room-and-pillar removal, hydraulic mining, or other extraction methods, including the size, sequence, and timing for the development of underground workings;

(b) A map of the shadow area which describes the location and extent of areas in which planned-subsidence mining methods will be used and which includes all areas where the measures described in paragraphs (M)(2)(d) and (M)(2)(e) of this rule will be taken to prevent or minimize subsidence and subsidence-related damage; and, where appropriate, to correct subsidence-related material damage;

(c) A description of the physical conditions, such as depth of cover, seam thickness, and lithology, which affect the likelihood or extent of subsidence and subsidence-related damage;

(d) A description of monitoring, if any, needed to determine the commencement and degree of subsidence so that, when appropriate, other measures can be taken to prevent, reduce, or correct material damage in accordance with rule 1501:13-12-03 of the Administrative Code;

(e) Except for those areas where planned subsidence is projected to be used, a detailed description of the subsidence control measures that will be taken to prevent or minimize subsidence and subsidence-related damage, including such measures as:

(i) Backstowing or backfilling voids;

(ii) Leaving support pillars of coal;

(iii) Leaving areas in which no coal is removed, including a description of the overlying area to be protected by leaving the coal in place; and

(iv) Taking measures on the surface to prevent material damage or lessening of the value or reasonably foreseeable use of the surface;

(f) A description of the anticipated effects of planned subsidence, if any;

(g) A general description of the measures to be taken, in accordance with rule 1501:13-12-03 of the Administrative Code, to mitigate or remedy any subsidence-related damage to or diminution in value or reasonably foreseeable use of:

(i) The land; or

(ii) Structures, buildings, features, or facilities to the extent required pursuant to rule 1501:13-12-03 of the Administrative Code; and

(h) Other information required by the chief as necessary to demonstrate that the operation will be conducted in accordance with the performance standards of rule 1501:13-12-03 of the Administrative Code for subsidence control.

(N) Return of coal mine wastes to abandoned underground workings.

(1) Each application shall contain a plan for the return of coal mine wastes to abandoned underground workings. The plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the chief and MSHA under paragraph (A)(7) of rule 1501:13-9-09 of the Administrative Code.

(2) The plan shall describe the source and quality of waste to be stowed, area to be backfilled, per cent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling.

(3) The applicant shall describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime.

(4) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area.

(5) The requirements of paragraphs (N)(1) to (N)(4) of this rule shall also apply to pneumatic backfilling operations, except where the operations are exempted by the chief from requirements specifying hydrologic monitoring.

(O) Underground development waste. Each plan shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by underground mining surface operations and facilities according to rule 1501:13-9-07 of the Administrative Code. Each plan shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the structures and be prepared according to paragraph (P) of this rule.

(P) Disposal of excess spoil.

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to rule 1501:13-9-07 of the Administrative Code. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(a) The character of bedrock and any adverse geologic conditions in the disposal area;

(b) A survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;

(c) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(d) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(e) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(3) If, under paragraph (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or keyway cuts are required, the application shall include the following:

(a) The number, location, and depth of borings or test pits. The number, location, and depth shall be determined with respect to the size of the spoil disposal structure and sub-surface conditions; and

(b) Engineering specifications utilized to design the rock-toe buttresses or keyway cuts which shall be determined in accordance with paragraph (P)(2)(e) of this rule.

(Q) Air pollution control plan. For all underground mining surface operations, the application shall contain an air pollution control plan in order to address fugitive dust resulting from erosion. The plan shall include the following:

(1) An air quality monitoring program, if required by the chief, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (Q)(2) of this rule to comply with applicable federal and state air quality standards; and

(2) A plan for fugitive dust control practices.

(R) Fish and wildlife plan.

(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(a) The scope and level of detail for such information shall be determined by the chief in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (R)(2) of this rule.

(b) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary of the interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(2) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable.

(a) This description shall:

(i) Be consistent with the requirements of rule 1501:13-9-11 of the Administrative Code;

(ii) Apply, at a minimum, to species and habitats identified under paragraph (R)(1) of this rule;

(iii) Include protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(iv) Include enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(3) Fish and wildlife service review. Upon request, the chief shall provide the resource information required under paragraph (R)(1) of this rule and the protection and enhancement plan required under paragraph (R)(2) of this rule to the U.S. department of the interior, fish and wildlife service regional or field office for their review. This information shall be provided within ten days of receipt of the request from the service.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-5-01

(A) Public notices of filing of permit applications, applications for significant revisions to permits, and applications for permit renewal.

(1) After the chief determines an application for a permit, for a significant revision to a permit, or for a permit renewal to be complete, the applicant shall place an advertisement in a local newspaper of general circulation in the locality of the proposed coal mining and reclamation operations at least once a week for four consecutive weeks. The advertisement shall contain, at a minimum, the following information:

(a) The name and business address of the applicant;

(b) A description which shall:

(i) Clearly describe towns, rivers, streams, or other bodies of water, local landmarks, and any other information, including routes, streets, or roads and accurate distance measurements, necessary to allow local residents to readily identify the proposed permit area;

(ii) Clearly describe the exact location and boundaries of the proposed permit area; and

(iii) State the name of the U.S. geological survey 7.5 minute quadrangle map(s) which contains the area described;

(c) The location where a copy of the application is available for public inspection under paragraph (A)(4) of this rule;

(d) The address of the "Division of Mineral Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229" to which written comments, objections, or requests for informal conferences on the application may be submitted under paragraph (B) of this rule and rule 1501:13-14-05 of the Administrative Code;

(e) If the application includes a road permit, approved by the road authority, to conduct coal mining operations within one hundred feet of the outside right-of-way of a public road or to relocate or close a public road, a concise statement describing the public road, the particular part to be relocated, where the relocation is to occur, and the approximate timing and duration of the relocation or closing;

(f) If the application includes a request for an experimental practice under rule 1501:13-4-12 of the Administrative Code, a statement indicating that an experimental practice is requested and identifying the rule of the Administrative Code for which a variance is requested; and

(g) If the application includes a request for restoration off the permit area by means of mitigation pursuant to rule 1501:13-13-08 of the Administrative Code, a statement indicating that such restoration is requested.

(2) Upon receipt of a complete application for a permit, for a significant revision to a permit or for a permit renewal, the chief shall issue written notification of:

(a) The applicant's intention to conduct coal mining and reclamation operations at a particularly described tract of land;

(b) The application or permit number;

(c) Where a copy of the application may be inspected; and

(d) Where comments on the application may be submitted under paragraph (B) of this rule.

(3) The written notification described in paragraph (A)(2) of this rule shall be sent to:

(a) Federal, state, and local government agencies with jurisdiction over or an interest in the area of the proposed operations;

(b) Government planning agencies with jurisdiction to act with regard to land use, air, or water quality planning in the area of the proposed operations;

(c) Sewage and water treatment authorities and water companies, either providing sewage or water services to users in the area of the proposed operations or having water sources or collection, treatment, or distribution facilities located in these areas;

(d) The federal or state government agencies with authority to issue all other permits and licenses needed by the applicant in connection with operations proposed in the application; and

(e) The board of county commissioners, the board of township trustees, the legislative authorities of municipal corporations, private water companies, regional councils of governments, and the boards of directors of conservancy districts in each county or part of a county in which the proposed operations are located.

(4) Availability of permit applications, applications for significant revisions to permits, and applications for permit renewal.

(a) The applicant shall make a full copy of the complete application for a permit, a significant permit revision, or a permit renewal available for the public to inspect and copy. This shall be done by filing a copy of the application submitted to the chief at the division of mineral resources management district office responsible for inspection of the proposed operation, or if no such office is maintained in the county where the mining is proposed to occur, the applicant shall file a copy of the application with the county recorder of that county or at the office of the natural resources conservation service of the United States department of agriculture located in the county where the mining is proposed to occur.

(b) The applicant shall file the copy of the complete application under paragraph (A)(4)(a) of this rule by the first date of newspaper advertisement of the application. The applicant shall file any subsequent changes to the application with the public office at the same time the change is submitted to the chief.

(B) Comments and objections on permit applications, applications for significant revisions to permits and applications for permit renewal.

(1) Within thirty days of notification by the chief, as provided under paragraph (A)(3) of this rule, written comments or objections on an application for a permit, significant revision to a permit, or permit renewal may be submitted to the chief by such public entities with respect to the effects of the proposed mining operations on the environment within their area of responsibility.

(2) Written comments regarding or objections to an application for a permit, significant revision to a permit, or permit renewal may be submitted to the chief by any person having an interest which is or may be adversely affected by the decision on the application, or by an officer or head of any federal, state or local government agency or authority, within thirty days after the last publication of the newspaper notice required under paragraph (A) of this rule.

(3) The chief shall, upon receipt of such written comments or objections, transmit a copy of such written comments or objections to the applicant and file a copy for public inspection at the same public office where the application is filed.

(C) Informal conferences. Any person having an interest which is or may be adversely affected by the issuance of or significant revision to a permit, or by the renewal of a permit, or the officer or head of any federal, state or local government agency or authority may, in writing, within thirty days after the last publication of the newspaper notice required under paragraph (A) of this rule, request that the chief hold an informal conference in accordance with rule 1501:13-14-05 of the Administrative Code.

(D) Review of permit applications, applications for revisions to permits, and applications for permit renewals.

(1) Preliminary review by the chief.

(a) The chief shall review the complete application and any written comments or written objections submitted, and records of any informal conference held under rule 1501:13-14-05 of the Administrative Code.

(b) The applicant for a permit, revision to a permit, or permit renewal shall have the burden of establishing that the application is in compliance with all of the requirements of Chapter 1513. of the Revised Code and these rules.

(2) Time frames for review.

(a) If there has been no informal conference held pursuant to section 1513.071 of the Revised Code, the chief shall submit to the applicant for a permit the written finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within the time frames established in paragraph (D)(2)(b) of this rule. If there has been an informal conference held pursuant to section 1513.071 of the Revised Code, the chief shall submit to the applicant for a permit the written finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within the time frames established in paragraph (B)(3) of rule 1501:13-14-05 of the Administrative Code and paragraph (D)(2)(b) of this rule.

(b) The chief shall grant or deny a permit not later than two hundred forty business days after the submission of a complete application for the permit. Any time during which the applicant is making revisions to the application or providing additional information requested by the chief regarding an application shall not be included in the two hundred forty business days. If the chief determines that a permit cannot be granted or denied within the two-hundred-forty-business-day time frame, the chief, not later than two hundred ten business days after the submission of a complete application for the permit, shall provide the applicant with written notice of the expected delay.

(3) If the chief decides to approve the application, he or she shall require that the applicant file the performance security before the permit is issued, in accordance with the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(4) The chief shall determine, based on the list of violation notices submitted as part of the application under paragraph (C)(3) of rule 1501:13-4-03 of the Administrative Code or on available information concerning federal or state failure-to-abate cessation orders, unabated federal or state imminent harm cessation orders, delinquent civil penalties issued pursuant to rule 1501:13-14-03 of the Administrative Code or section 518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), delinquent abandoned mine reclamation fees, or forfeitures of a coal mining bond, performance security, or similar security deposited in lieu of a bond in this or any other state or with the United States where the violations upon which the forfeitures were based have not been corrected, that any coal mining operation owned or controlled by the applicant or by any person who owns or controls the applicant is not currently in violation of any law, rule, or regulation of the United States or any state law, rule or regulation enacted pursuant to federal law, rule or regulation pertaining to air or water environmental protection. If this determination cannot be made, the chief shall not issue the permit. The chief shall require the applicant, before the issuance of the permit, to either:

(a) Submit to the chief proof that the violation has been corrected or is in the process of being corrected to the satisfaction of the agency that has jurisdiction over the violation, and submit to the chief proof that any civil penalties owed to the state for a violation not the subject of an appeal have been paid; or

(b) Establish for the chief that the applicant, or any person owned or controlled by either the applicant or any person who owns or controls the applicant, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of that violation. If the administrative or judicial hearing authority affirms the violation, then any coal mining operations being conducted under a permit issued according to this paragraph shall be immediately terminated, unless and until the provisions of paragraph (D)(4)(a) of this rule are satisfied.

(5) For the purposes of paragraph (D)(4) of this rule, the chief may presume that, in the absence of a failure-to-abate cessation order, a notice of violation issued pursuant to paragraph (B) of rule 1501:13-14-02 of the Administrative Code or under any equivalent state or federal law, rule or regulation has been or is being corrected to the satisfaction of the agency with jurisdiction over the violation, except where evidence to the contrary is set forth in the permit application, or where the notice of violation is issued for nonpayment of abandoned mine reclamation fees or civil penalties.

(6) No permit shall be issued to an applicant if a determination is made by the chief that the applicant, anyone who owns or controls the applicant, or the operator specified in the application controls or has controlled mining operations with a demonstrated pattern of willful violations of Chapter 1513. of the Revised Code and these rules of a nature and duration to result in irreparable damage to the environment as to indicate an intent not to comply with or a disregard of Chapter 1513. of the Revised Code or division 1501:13 of the Administrative Code.

(7) Any permit that is issued on the basis of proof submitted under paragraph (D)(4)(a) of this rule that a violation is in the process of being corrected, or pending the outcome of an appeal described in paragraph (D)(4)(b) of this rule, shall be conditionally issued.

(8) Subsequent to the effective date of this rule, the prohibitions of paragraph (D)(4) of this rule regarding the issuance of a new permit, shall not apply to any violation that:

(a) Occurs after that date;

(b) Is unabated; and

(c) Results from an unanticipated event or condition that arises from a surface coal mining and reclamation operation on lands that are eligible for remining under a permit:

(i) Issued pursuant to paragraph (L) of rule 1501:13-4-12 of the Administrative Code; and

(ii) Held by the person making application for the new permit.

(d) For permits issued under paragraph (L) of rule 1501:13-4-12 of the Administrative Code, an event or condition shall be presumed to be unanticipated for the purposes of this paragraph if it:

(i) Arose after permit issuance;

(ii) Was related to prior mining; and

(iii) Was not identified in the permit.

(E) Criteria for approval or denial of an application. No application for a permit, significant revision to a permit, or permit renewal shall be approved unless the application affirmatively demonstrates, and the chief finds, in writing, on the basis of information set forth in the application or from information otherwise available, that is documented in the approval and made available to the applicant, that:

(1) The application is accurate and complete and that all requirements of Chapter 1513. of the Revised Code and all rules adopted thereunder have been complied with;

(2) The applicant has demonstrated that coal mining and reclamation operations, as required by Chapter 1513. of the Revised Code and all rules adopted thereunder, can be feasibly accomplished under the mining and reclamation operations plan contained in the application;

(3) The assessment of the probable cumulative hydrologic impacts of all anticipated coal mining in the general area on the hydrologic balance, as described in divisions (B)(1)(k) and (E)(2)(c) of section 1513.07 of the Revised Code, has been made by the chief and the operations proposed under the application have been designed to prevent material damage to the hydrologic balance outside the proposed permit area;

(4) The proposed permit area is:

(a) Not included within an area designated unsuitable for coal mining operations under rule 1501:13-3-07 of the Administrative Code;

(b) Not within an area under study for designation as unsuitable for coal mining operations in an administrative proceeding begun under rule 1501:13-3-07 of the Administrative Code, unless the applicant demonstrates that, before January 4, 1977, substantial legal and financial commitments were made in relation to the operation for which the applicant is applying for a permit;

(c) Not on any lands subject to the prohibitions or limitations of paragraph (A)(1), (A)(2), (A)(6), (A)(7) or (A)(8) of rule 1501:13-3-03 of the Administrative Code;

(d) Not within one hundred feet of the outside right-of-way line of any public road, except as provided for in paragraph (C) of rule 1501:13-3-04 of the Administrative Code; and

(e) Not within three hundred feet from any occupied dwelling, except as provided for in paragraph (A)(5) of rule 1501:13-3-03 or paragraph (D) of rule 1501:13-3-04 of the Administrative Code;

(5) The proposed operations will not adversely affect any publicly owned parks or places included in the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, except as provided for in paragraph (A)(3) of rule 1501:13-3-03 of the Administrative Code. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html;

(6) For operations involving the mining of coal where the private mineral estate to be mined has been severed from the private surface estate and surface disturbance will result from the applicant's proposed use of a surface mining method, the applicant has submitted to the chief the documentation required under paragraph (D)(3) of rule 1501:13-4-03 of the Administrative Code;

(7) The applicant has either:

(a) Submitted the proof required by paragraph (D)(4)(a) of this rule; or

(b) Made the demonstration required by paragraph (D)(4)(b) of this rule;

(8) The applicant has submitted proof, by affidavit and supporting documentation, that all reclamation fees from previous and existing operations as required by Subchapter R of Chapter VII of Title 30 of the Federal Code of Regulations have been paid;

(9) The coal mining and reclamation operations to be performed under the permit will not be inconsistent with other such operations anticipated to be performed during the same permit term in areas adjacent to the proposed permit area;

(10) The applicant will submit the performance security required under Chapter 1513. of the Revised Code and these rules prior to the issuance of the permit;

(11) The applicant has, with respect to prime farmland, obtained either a negative determination or satisfied the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code;

(12) The proposed postmining land use of the permit area has been approved by the chief in accordance with the requirements of rule 1501:13-9-17 of the Administrative Code;

(13) The chief has made all specific approvals required under division 1501:13 of the Administrative Code;

(14) The operations are not likely to jeopardize the continued existence of endangered or threatened species or are not likely to result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.);

(15) The applicant has satisfied the applicable permit requirements for special categories of mining under requirements of rule 1501:13-4-12 of the Administrative Code;

(16) The chief has taken into account the effect of the proposed permitting action on properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (E)(5) of this rule. Some of the ways in which the chief may take into account the effect of the proposed permitting action on such historic resources include, but are not limited to:

(a) Imposing permit conditions which protect the historic resource;

(b) Requiring revision of the proposed operation plan before application approval; and

(c) Concluding in a written finding that no protection measures are necessary;

(17) The applicant has demonstrated that any existing structure will comply with the requirements of paragraph (C) of rule 1501:13-1-01 of the Administrative Code and the applicable performance standards of division 1501:13 of the Administrative Code;

(18) For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements of paragraph (L)(3) of rule 1501:13-9-14 of the Administrative Code, the site of the operation is a previously mined area as defined in rule 1501:13-1-02 of the Administrative Code; and

(19) For operations which will include remining areas under paragraph (L) of rule 1501:13-4-12 of the Administrative Code, the application includes:

(a) Lands eligible for remining;

(b) An identification of the potential environmental and safety problems related to prior mining activity which could reasonably be anticipated to occur at the site; and

(c) Mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation as required by the applicable requirements of Chapter 1513. of the Revised Code can be accomplished.

(F) Final compliance review. After an application is approved, but before the permit is issued, the chief shall reconsider his or her decision to approve the application, based on the compliance review required by paragraph (D)(4) of this rule in light of any new information submitted under paragraphs (B)(11) and (C)(5) of rule 1501:13-4-03 of the Administrative Code.

(G) Conditions of permits: general and right of entry. Each permit issued by the chief shall ensure and contain specific conditions requiring that:

(1) Except to the extent that the chief otherwise directs in the permit that specific actions be taken, the permittee shall conduct all coal mining and reclamation operations as described in the complete application;

(2) The permittee shall allow the authorized representatives of the secretary of the department of the interior, including, but not limited to, inspectors and fee compliance officers, and the chief and his or her authorized representatives, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to:

(a) Have the rights of entry provided for in paragraph (B) of rule 1501:13-14-01 of the Administrative Code; and

(b) Be accompanied by private persons for the purpose of conducting an inspection in accordance with rule 1501:13-14-01 of the Administrative Code when the inspection is in response to an alleged violation reported to the chief by the private person;

(3) The permittee shall conduct coal mining and reclamation operations only on those lands specifically designated on the maps submitted under rules 1501:13-4-04, 1501:13-4-05, 1501:13-4-07, 1501:13-4-08, 1501:13-4-08.1, 1501:13-4-13 and 1501:13-4-14 of the Administrative Code and approved for the term of the permit and which are subject to the performance security in effect pursuant to Chapter 1501:13-7 of the Administrative Code. The permit shall contain a specific condition to prohibit the commencement of coal mining operations on any land that is located within the permit area or the shadow area if the permittee has not provided to the chief documents that form the basis of the permittee's legal right to enter and conduct coal mining operations on that land;

(4) The permittee shall not operate without adequate performance security coverage in effect at all times; and

(5) Within thirty days after a cessation order is issued under rule 1501:13-14-02 of the Administrative Code or 30 C.F.R. 843.11, for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect, the permittee shall submit to the chief the following information, current to the date the cessation order was issued, or notify the chief in writing that there has been no change since the immediately preceding submittal of such information:

(a) Any new information needed to correct or update the information previously submitted to the chief by the permittee under paragraph (B)(5) of rule 1501:13-4-03 of the Administrative Code; or

(b) If not previously submitted, the information required from a permit applicant by paragraph (B)(5) of rule 1501:13-4-03 of the Administrative Code.

(H) Conditions of permits: environment, public health and safety. Each permit issued by the chief shall ensure and contain specific conditions requiring that:

(1) The permittee shall take all possible steps to minimize any adverse impacts to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including, but not limited to:

(a) Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance;

(b) Immediate implementation of measures necessary to comply; and

(c) Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance;

(2) The permittee shall dispose of solids, sludge, filter backwash, or pollutants removed in the course of treatment or control of waters or emissions to the air in the manner required by Chapter 1513. of the Revised Code and all rules adopted thereunder and which prevents violation of any other applicable state or federal law;

(3) The permittee shall conduct his or her operations:

(a) In accordance with any measures specified in the permit as necessary to prevent significant, imminent environmental harm to the health and safety of the public; and

(b) Utilizing any methods specified in the permit by the chief in approving alternative methods of compliance with the performance standards of Chapter 1513. of the Revised Code and all rules adopted thereunder;

(4) As applicable, the permittee shall comply with paragraph (C) of rule 1501:13-1-01 of the Administrative Code and with the permanent or interim program requirements of division 1501:13 of the Administrative Code for compliance, modification, or abandonment of existing structures; and

(5) The permittee shall pay all reclamation fees, as required by Subchapter R of Chapter VII of Title 30 of the Federal Code of Regulations for coal produced under the permit for sale, transfer or use.

(I) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-06

(A) Applications for permits and permit renewals shall:

(1) Be submitted on forms provided by the chief;

(2) Be filed with the proper number of copies and at places designated by the chief;

(3) Be deemed to be complete as submitted to the chief unless the chief, within fourteen business days of the submission, identifies deficiencies in the application in writing and sends a written list of the deficiencies to the applicant. When the application is complete, the chief shall begin processing the application and notify the applicant of the application number assigned by the chief, so that this number may appear in the public notice required by division (A) of section 1513.071 of the Revised Code. An application for an area adjacent to a permit issued pursuant to section 1513.07 of the Revised Code and these rules may reference information previously submitted as part of the application for that permit if the information is applicable;

(4) Show the name, address, and telephone number of the person who prepared the application if that person is someone other than an employee of the applicant;

(5) Include the name and address of the newspaper in which the applicant is to publish the notice required by division (B)(1)(f) of section 1513.07 of the Revised Code;

(6) Include the telephone number of the applicant, of the operator if the applicant is not the operator, and of the applicant's statutory agent; and

(7) Include the employer identification number of the applicant, or the last four digits of the social security number of the applicant if the applicant is a sole proprietorship or partnership.

(B) Additional requirements for permit renewals.

(1) Any permit issued shall have the right of successive renewal upon expiration, provided the renewal complies with the requirements of paragraphs (A) and (B) of this rule.

(2) In addition to the requirements of paragraph (A) of this rule, an application for renewal shall:

(a) Be filed with the chief at least one hundred twenty days before the expiration of the permit involved; and

(i) Be submitted on an application form for a new permit if the renewal application includes land area that was not in the valid existing permit; or

(ii) Be submitted on a permit renewal application form if the renewal application includes only land area that was in the valid existing permit; and

(b) Include the name and address of the permittee, the term of the renewal requested, and the permit number;

(c) Include evidence that a liability insurance policy or adequate self-insurance under rule 1501:13-7-07 of the Administrative Code will be provided by the applicant for the proposed period of renewal;

(d) Include evidence that the performance security in effect for the operation will continue in full force and effect for any renewal requested, as well as any additional performance security required by the chief pursuant to Chapter 1501:13-7 of the Administrative Code;

(e) Include additional revised or updated information required by the chief;

(f) Be subject to the requirement of division (A)(4) of section 1513.07 of the Revised Code;

(g) Include a copy of the newspaper notice and proof of publication as required by paragraph (H) of rule 1501:13-4-03 of the Administrative Code; and

(h) Be subject to the public notification, public participation, and hearing provisions in sections 1513.07 and 1513.071 of the Revised Code.

(3) Applications for renewal that include proposed revisions to the permit.

(a) If an application for renewal that includes proposed revisions to the permit is submitted on an application form for a new permit pursuant to paragraph (B)(2)(a)(i) of this rule, then the requirements for a permit revision under paragraph (E) of this rule shall not apply.

(b) If an application for renewal that includes any proposed revisions to the permit is submitted on a permit renewal form pursuant to paragraph (B)(2)(a)(ii) of this rule, then the revisions shall be identified and subject to the requirements of paragraph (E) of this rule.

(4) In the determination of whether to approve or deny a renewal of a permit, the burden of proof shall be on the opponents of renewal.

(C) Any revisions to an application shall:

(1) Be initialed and dated by the person making revisions. The name of the person shall be provided in the application in the space provided; and

(2) Be acknowledged in writing by the signature of the applicant in the application in the space provided. Such acknowledgement shall be dated by the applicant.

(D) For an application for which the applicant requests the chief to prepare the determinations of the probable hydrologic consequences as provided for by division (A)(4) of section 1513.02 of the Revised Code:

(1) The applicant shall submit:

(a) A request in writing to the chief at least sixty days prior to the time that the applicant intends to submit the application for a permit;

(b) On forms provided by the chief, the following information:

(i) The name of the watershed and location of the stream which will receive drainage discharged from the mining operation (the location of the stream may appear on the hydrologic map);

(ii) A statement of the quality and locations of subsurface water as required by division (B)(1)(n)(ii) of section 1513.07 of the Revised Code;

(iii) A description of the measures to be taken during mining and reclamation to assure protection of the quality and quantity of surface and ground water systems both on and off-site from the adverse effects of the mining and reclamation operations as required by division (C)(13) of section 1513.07 of the Revised Code; and

(iv) A description of the steps to be taken to comply with applicable water quality laws and regulations;

(c) A map prepared in accordance with division (B)(1)(m) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code showing the information required by division (B)(1)(m) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code;

(d) Cross-section maps or plans as related to hydrologic studies prepared in accordance with division (B)(1)(n)(i) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code, showing the information required by division (B)(1)(n)(i) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code; and

(e) The results of test borings as required by division (C)(12) of section 1513.07 of the Revised Code, submitted on a form provided by the chief;

(2) If the items required by paragraph (D)(1) of this rule are not complete or need revision, the chief shall not be required to prepare the determination of the probable hydrologic consequences. The chief shall notify the requestor by certified mail of those items that are incomplete or need revision. The sixty-day time period for preparation by the chief shall stop on the date the requestor receives the certified mail or reasonably should have received the certified mail, whichever is earlier. The sixty-day period shall resume upon receipt by the division of mineral resources management of the items that need to be completed or revised;

(3) The chief shall prepare the determination of the probable hydrologic consequences within sixty days of receipt of the items required by paragraph (D) of this rule. Those days during which the requestor is revising or making the request complete shall not be included in the sixty days allowed the chief;

(4) The chief shall submit the prepared determination of the probable hydrologic consequences to the requestor and at the same time return the items that were required to be submitted by the requestor by paragraph (D) of this rule; and

(5) The person requesting the preparation of the determination of the probable hydrologic consequences shall include the chief's determination as part of a complete application for a permit.

(E) Revisions to permits shall:

(1) Be obtained when:

(a) There are changes from the mining or reclamation operations as described in the approved plans for the original permit;

(b) Required by an order issued pursuant to paragraph (G) of this rule;

(c) As otherwise required by Chapter 1513. of the Revised Code or these rules;

(2) Be subject to the notice and hearing requirements when the changes in the mining and reclamation plan constitute a significant alteration from mining and reclamation operations contemplated in the original permit. Changes which constitute a significant alteration are those which:

(a) Revise the plan to include the dumping of hazardous chemical wastes and solid wastes;

(b) Revise the plan to include the permanent relocation of a perennial stream;

(c) Revise the plan to include the use of explosives;

(d) Revise the plan to include the construction of an excess spoil disposal fill;

(e) Revise the plan to include the construction of a coal processing waste bank;

(f) Revise the plan to include the use of waste material as fill;

(g) Revise the plan to change the postmining land use pursuant to rule 1501:13-9-17 of the Administrative Code;

(h) Revise the plan to change the subsidence control plan;

(i) Revise the plan to change to a concurrent surface and underground mining operation;

(j) Revise the plan to include the construction of either a permanent or temporary impoundment that has an embankment more than twenty feet in height, as measured from the upstream toe of the embankment to the crest of the emergency spillway or has a storage volume of twenty-acre feet or more;

(k) Revise the plan to include a variance from approximate original contour; or

(l) Any other revision which the chief, by order, determines to be significant;

(3) Be filed with the chief:

(a) Prior to making changes in the mining and reclamation operations;

(b) If the change is required by paragraph (G) of this rule, within the time period specified in the order;

(4) Be approved or disapproved by the chief within ninety days of receipt of a complete revision request, provided that failure to disapprove shall not be deemed approval and that significant revisions in the reclamation plan shall be subject to notice and hearing requirements in accordance with paragraph (E)(2) of this rule;

(5) Be reviewed by the chief to determine whether a new or updated probable hydrologic consequences determination shall be required pursuant to either paragraph (E)(2) of rule 1501:13-4-05 or paragraph (E)(2) of rule 1501:13-4-14 of the Administrative Code;

(6) Be reviewed by the chief to determine whether a new or updated cumulative hydrologic impact assessment shall be required pursuant to divisions (B)(1)(k) and (E)(2)(c) of section 1513.07 of the Revised Code; and

(7) Be reviewed by the chief to determine if an adjustment of the estimated cost of reclamation shall be required pursuant to paragraph (E) of rule 1501:13-7-02 of the Administrative Code.

(F) Any extensions to the area covered by a permit, except for incidental boundary revisions, shall be made by application for a new permit.

(G) The chief shall review each permit.

(1) Review by the chief shall occur not later than the middle of the permit term or every five years whichever is more frequent. After this review, the chief may require, by order to the permittee, reasonable revision or modification of the permit provision to ensure compliance with Chapter 1513. of the Revised Code and these rules.

(2) Permits that include provisions for mountaintop removal operations, experimental practices, variances from approximate original contour, or variances for delay in contemporaneous reclamation for combined strip and underground mining operations shall be reviewed by the chief as required by rule 1501:13-4-12 of the Administrative Code. Upon completion of the review, the chief may order revisions or modifications of the mining and reclamation plan to ensure compliance with Chapter 1513. of the Revised Code and Chapter 1501:13-9 of the Administrative Code. The order shall be in writing and shall set forth the findings that require the revisions or modifications.

(H) Transfer, assignment, or sale of permit rights.

(1) Any person seeking to succeed by transfer, assignment, or sale to the rights granted by a permit shall, prior to the date of such transfer, assignment or sale:

(a) Obtain appropriate performance security coverage for the permitted operation by:

(i) Obtaining transfer of the original performance security coverage of the original permittee, provided that the successor meets the eligibility requirements of paragraph (C)(2)(a) of rule 1501:13-7-01 of the Administrative Code where performance security is to be provided together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of that rule; or

(ii) Providing sufficient performance security in accordance with Chapter 1501:13-7 of the Administrative Code.

(b) Obtain insurance coverage in accordance with rule 1501:13-7-07 of the Administrative Code;

(c) Provide the chief with an application for approval of such proposed transfer, assignment, or sale including:

(i) The name and address of the existing permittee and permit number;

(ii) A brief description of the proposed action requiring approval;

(iii) The name and address of the person proposing to succeed by such transfer, assignment, or sale and the name and address of that person's resident agent; and

(iv) The same information as is required by rules 1501:13-4-03 and 1501:13-7-07 of the Administrative Code for applications for new permits for those activities; and

(d) Obtain the written approval of the chief for transfer, assignment, or sale of rights, according to paragraph (H)(4) of this rule.

(2) Prior to the approval of the transfer, assignment or sale, the chief may require that any civil penalties assessed on the permit be paid. No transfer, assignment or sale will be approved if the person succeeding to the permit owes civil penalties to the state.

(3) Advertisement and comment.

(a) The person applying for approval of such transfer, assignment or sale of rights granted by a permit shall advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the original permittee, the permit number and particular geographic location of the permit, and the address to which written comments may be sent under this paragraph.

(b) Any person whose interests are or may be adversely affected, including, but not limited to, the head of any local, state or federal government agency may submit written comments on the application for approval to the chief within ten days after the advertisement of the application is published.

(4) The chief may, upon the basis of the applicant's compliance with the requirements of paragraphs (H)(1) to (H)(3) of this rule, grant written approval for the transfer, sale, or assignment of rights under a permit, if he or she first finds, in writing, that:

(a) The person seeking approval will conduct the operations covered by the permit in accordance with the requirements of Chapter 1513. of the Revised Code and these rules;

(b) The applicant is eligible to receive a permit in accordance with paragraphs (E) and (F) of rule 1501:13-5-01 of the Administrative Code;

(c) The applicant has, in accordance with paragraph (H)(1)(a) of this rule, submitted performance security as required by Chapter 1501:13-7 of the Administrative Code in an amount at least equivalent to the performance security of the original permittee; and

(d) The applicant will continue to conduct the operations involved in full compliance with the terms and conditions of the original permit, unless and until the applicant has obtained a new permit.

(5) Notification.

(a) The chief shall notify the permittee, the successor, commenters, and the office of surface mining of his or her findings.

(b) The successor shall immediately provide written notice to the chief of the consummation of the transfer, assignment, or sale of permit rights.

(I) The permittee shall notify the chief within a reasonable amount of time not later than thirty days after any addition, departure, or change in the persons required to be shown in the permit application, pursuant to division (B)(1)(d) of section 1513.07 of the Revised Code, by submitting, in writing, the following information:

(1) The person's name, address, and telephone number;

(2) The person's position title and relationship to the applicant, including percentage of ownership and location in the organizational structure;

(3) The date the person began functioning in the position; and

(4) The date of any departure.

(J) The permittee shall notify the chief in writing of any change in the address of the principal place of business required in the permit application, pursuant to paragraph (B)(1)(a) of rule 1501:13-4-03 of the Administrative Code.

(K) For those applicants who qualify for the small operator assistance program (S.O.A.P.), the applicant shall initiate action for the assistance sufficiently in advance to allow the division time to prepare the information required by paragraph (A) of rule 1501:13-6-03 of the Administrative Code. The applicant shall submit the information required under paragraph (D) of rule 1501:13-6-03 of the Administrative Code at the time of filing a complete permit application.

(L) Subsequent to any amendment of Chapter 1513. of the Revised Code or adoption of new or amended rules, the applicant shall revise those applications on file with the chief to comply with the permit requirements of the amended chapter or new or amended rules. This paragraph does not apply to those applications for which a permit has been issued except as provided under paragraph (G) of this rule.

(M) Determinations of the chief under this rule may be appealed to the reclamation commission pursuant to section 1513.13 of the Revised Code.

Last updated June 25, 2025 at 7:45 PM

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-04

(A) General requirements.

(1) This rule shall apply only to coal mining operations other than underground mining operations.

(2)

(a) Each application shall describe and identify the nature of cultural, historic and archeological resources listed or eligible for listing on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, and known archeological sites within the proposed permit and adjacent areas. The description shall be based on all available information, including, but not limited to, information from the state historic preservation officer and from local archeological, historical, and cultural preservation agencies. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(b) The chief may require the applicant to identify and evaluate important historic and archeological resources that may be eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of this rule, through:

(i) Collection of additional information;

(ii) Conduct of field investigations; or

(iii) Other appropriate analyses.

(3) Each application shall describe and identify the lands subject to coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought.

(B) Description of hydrology and geology; general requirements.

Each application shall contain a description of surface and ground water within the general area, and any water which will flow into or receive discharges of water from the permit area. The description shall be prepared in the manner required by paragraphs (B) to (G) of this rule, and conform to the following:

(1) Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the general area shall be provided by the chief, to the extent that this data is available from an appropriate federal or state agency.

(2) If this information is not available from those agencies, the applicant may gather and submit this information to the chief as part of the permit application.

(3) The permit shall not be approved by the chief until this information is made available in the application.

(C) Geology description.

(1) Each application shall include geologic information in sufficient detail to assist in determining:

(a) The probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface and groundwater monitoring is necessary.

(b) All potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined; and

(c) Whether reclamation as required by these rules can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

(2)

(a) The description shall include a general statement of the geology within the proposed permit area and adjacent areas down to and including the deeper of either the first stratum below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely affected by mining. It shall also include the areal and structural geology of the permit and adjacent areas, and the other parameters which influence the required reclamation, and shall show how the areal and structural geology may affect the occurrence, availability, movement, quantity, and quality of potentially affected surface and ground waters. It shall be based on:

(i) The cross sections, maps and plans required by paragraph (B) of rule 1501:13-4-08 of the Administrative Code;

(ii) The information obtained under paragraph (C)(3) of this rule; and

(iii) Geologic literature and practices.

(b) Each application for a permit shall contain the results of tests conducted on the area of land to be mined. Unless the chief first approves a fewer number of test holes, such tests shall consist of test holes made by the boring or drilling method and be conducted at the rate of one test hole for each twenty-five acres of land or fraction thereof, which is underlain by coal on the area of land to be mined. At least one test hole shall be located on the highest elevation in the area of land to be mined. Holes shall be located as far apart as the size and shape of the area of land to be mined will allow. Such holes shall be drilled to the bottom of the material underlying the lowest coal seam to be mined and shall be staked or otherwise marked at the time of filing the application for a permit so as to be clearly visible at the approximate location, and shall be numbered. Such stakes or other markers shall be maintained until the permit to conduct a coal mining operation is granted or denied.

(3) Test borings or core samples.

(a) Test borings or core samples from the proposed permit area shall be collected and analyzed down to and including the stratum immediately below the lowest coal seam to be mined. Individual drilling reports shall be furnished for each test boring or core sampling and shall contain the following information on forms prescribed by the chief:

(i) Location of subsurface water, if encountered;

(ii) Lithologic characteristics including physical properties and thickness of each stratum and each coal seam;

(iii) Chemical analyses to include pH, neutralization potential, potential acidity, total or pyritic sulfur, and calcium carbonate deficiency of each stratum;

(iv) Analyses of the coal seam for acid-forming or toxic-forming materials, including, but not limited to, an analysis of the total sulfur and the sulfur present in pyrite and marcasite;

(v) Identification of the test hole by the number assigned in paragraph (C)(2)(b) of this rule; and

(vi) Identification of all coal seams by name and number.

(b) To verify the results of the applicant's tests, the chief may, prior to approval of the application, require the applicant to drill additional test holes and provide the information required in paragraph (C)(3)(a) of this rule.

(c) If more precise information than can be provided by drilling techniques is warranted by potentially adverse site conditions, the chief may require that the test hole information required in paragraph (C)(3) of this rule be obtained by core drilling.

(4) Prior to submission of an application, an applicant may request that the requirements of paragraphs (C)(2)(b) and (C)(3)(a) of this rule be waived by the chief. The waiver may be granted only if the chief makes a written determination that the statement required is unnecessary because other equivalent information is accessible to him or her in a satisfactory form. If the chief grants a waiver the waiver shall be submitted with the permit application.

(D) Ground water information.

(1) The application shall contain a description of the ground water hydrology for the proposed permit and adjacent areas, including, at a minimum:

(a) The depth below the surface and the horizontal extent of the water table and aquifers;

(b) The lithology and thickness of the aquifers;

(c) Known uses of the water in the aquifers and water table;

(d) The quality of subsurface water, if encountered;

(e) The depth to the water in the coal seam if the seam is a water-bearing stratum, and each water-bearing stratum above and potentially affected water-bearing stratum below the coal seam; and

(f) The approximate rate of discharge or usage of the water.

(2) The application shall contain a water supply inventory to include, at a minimum:

(a) A list of existing water wells on the proposed permit and adjacent areas to describe the quality and quantity of the ground water to include:

(i) Identification number of the well;

(ii) Surface elevation of the well;

(iii) Depth of the well in feet below the land surface;

(iv) Static water level of the well in feet below the land surface;

(v) The lithology of the aquifer in which each well is developed; and

(vi) Name of owner of the well;

(b) A list of existing springs on the proposed permit and adjacent areas to include:

(i) Identification number of the spring;

(ii) Name of owner of any spring that is developed for use as a water supply;

(iii) The surface elevation of the spring; and

(iv) The aquifer each spring flows from; and

(c) A list of the location and type of any public water supply sources on the permit and adjacent areas.

(3) Where information required in the water supply inventory of paragraph (D)(2) of this rule is unobtainable, a statement to that effect shall be made, giving the reasons therefor.

(4) The application shall contain the results of water quality analyses and measurements of static water level or discharge, conducted on at least ten (or all if less than ten) of the wells and springs on the permit and adjacent areas or twenty-five per cent of such wells and springs, whichever number is greater.

(a) Wells and springs chosen for analysis and measurement shall, as a group, represent all known aquifers present in the permit and adjacent areas and shall, wherever possible, be those nearest to or on the permit area.

(b) Sampling for water quality analysis shall be conducted at a minimum one time prior to submission of an application for a permit.

(c) The measurement of static water level or discharge shall be conducted for each well and spring identified in paragraph (D)(4) of this rule at a minimum one time prior to submission of an application for a permit.

(d) Water samples collected at the sites prescribed in paragraph (D)(4) of this rule shall be analyzed for the following parameters according to the methodology specified in 40 C.F.R. parts 136 and 434:

(i) pH in standard units;

(ii) Total acidity in milligrams per liter of CaCO₃;

(iii) Total alkalinity in milligrams per liter of CaCO₃;

(iv) Total manganese in milligrams per liter;

(v) Total iron in milligrams per liter;

(vi) Total hardness in milligrams per liter of CaCO₃;

(vii) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(viii) Total aluminum in milligrams per liter;

(ix) Total sulfates in milligrams per liter; and

(x) Other such information as the chief determines relevant.

(e) The results of water quality analyses and measurements prescribed in paragraph (D) of this rule shall be reported on a form to be provided by the chief.

(5) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D)(7) of this rule shall be submitted with an application for a permit.

(6) Identifying seasonal variations for ground water and surface water. For each application, the applicant shall submit three water samples from each required sampling site designated pursuant to paragraphs (D)(4) and (E)(1) of this rule. One sample shall be from the low flow period, one sample from the high flow period, and one sample from either of the intermediate flow periods, as established in the following table:

Flow Periods and Duration of Flow Periods

| Low Flow | August 16 to October 31 | | --- | --- | | Transition Flow | November 1 to November 15 | | Intermediate Flow | November 16 to January 31 | | Transition Flow | February 1 to February 14 | | High Flow | February 15 to April 30 | | Transition Flow | May 1 to May 15 | | Intermediate Flow | May 16 to July 31 | | Transition Flow | August 1 to August 15 |

(a) For samples submitted to meet the seasonal variations requirements, the period between consecutive samples shall be at least thirty days, but not more than eighteen months, and no sample shall be collected more than thirty-six months before the date of submission of the application to the chief. A sample that exceeds the eighteen month or thirty-six month time limit of this paragraph may be acceptable if the applicant submits the following information with the sample:

(i) The date and sampling site of the sample; and

(ii) A description of all land disturbance activities that existed at the time of the sample date or that have occurred since the sample date within the local watershed that could affect the quality and quantity of the surface water or ground water. The description shall include, but is not limited to, land disturbances such as mining operations, highway construction, cut and fill operations, building construction, and dam construction or demolition.

(iii) A sample that exceeds the eighteen month or thirty-six month time limit is acceptable only if the chief determines that it is still representative of the quality and quantity of the surface water or ground water at the time of submission of the application.

(b) The applicant is not required to collect samples from consecutive flow periods.

(c) The applicant may record a low flow sample as "no flow" if the applicant documents that the applicant made at least two attempts, at least thirty days apart, to collect a flow at that site during the low flow period.

(d) Transition flow periods. A sample obtained during a transition flow period may be used for either the preceding or succeeding flow period if the following conditions are met:

(i) The applicant submits documentation showing that the sample from the transition period accurately reflects the flow period for which the sample is submitted and the chief agrees with this assessment;

(ii) The sample obtained during a transition period is not used for both the preceding and succeeding flow periods;

(iii) At least one of the three required samples is obtained during a flow period other than a transition period; and

(iv) The applicant submits precipitation data for the local watershed for the thirty days prior to the sample date.

(e) Substitute sampling site for one sample. The applicant may request, in writing, that a sample obtained from a site other than a designated sampling site be substituted for one of the three designated site samples. A sample from a substitute site shall not be used as the earliest of the three samples from a designated sampling site. The chief shall review this request and determine whether the substitute sampling site and the data collected from the site are acceptable. In making the request, the applicant shall:

(i) Describe how the substitute sampling site adequately represents the original sampling site;

(ii) Demonstrate that the substitute sampling site is located in the same aquifer as the original sampling site;

(iii) Demonstrate that the geology of the groundwater recharge area of the substitute site, as well as the surface disturbance of the recharge area of the substitute site, are similar to that of the original site;

(iv) Demonstrate that the substitute sampling site represents and performs the same function as the original site;

(v) Demonstrate that the analysis of the water quality and quantity data from the substitute site accurately represents the quality and quantity of the water at the original site and explain any anomalies in water quality or quantity at the substitute site;

(vi) Demonstrate that the flow obtained at the substitute site was obtained during the flow period missed at the original site;

(vii) Include precipitation data for the thirty days prior to the sample date at the substitute site;

(viii) Provide a description of the location of the substitute sampling site relative to the original sampling location. The description shall include bearing and distance measurements from the original sampling location to the substitute sampling location; and

(ix) Submit additional information if required by the chief to support the use of a substitute sample.

(f) The applicant may submit additional samples and other data related to seasonal variations beyond that submitted to meet the minimum requirements of paragraph (D)(6) of this rule.

(7) Water quality and quantity data collected and described other than as required by paragraph (D)(6) of this rule may be submitted to identify seasonal variations in ground water and surface water, provided the chief determines that the alternative data are sufficient to identify seasonal variations needed for the hydrologic assessments required by Chapter 1513. of the Revised Code and the rules adopted thereunder.

(E) Surface-water information.

(1) Within the proposed permit and adjacent areas, all surface-water bodies such as streams, lakes and impoundments and all discharges from the permit area into surface-water bodies shall be described and sampled for analysis under paragraph (E) of this rule. The description shall include the name of any watershed that will receive water discharges, the name, ownership and location of all surface-water bodies and the known uses of the water in these water bodies.

(2) Water samples collected under paragraph (E) of this rule shall be analyzed according to the methodology specified in 40 C.F.R. parts 136 and 434. Surface water information shall include the following water quality data to identify the characteristics of surface waters within the proposed permit and adjacent areas:

(a) Total suspended solids in milligrams per liter;

(b) Total acidity in milligrams per liter of CaCO₃;

(c) Total alkalinity in milligrams per liter of CaCO₃;

(d) pH in standard units;

(e) Total iron in milligrams per liter;

(f) Total manganese in milligrams per liter;

(g) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(h) Total aluminum in milligrams per liter;

(i) Total sulfates in milligrams per liter; and

(j) Other such information as the chief determines relevant.

(3) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D)(7) of this rule shall be submitted with an application for a permit.

(4) The results of water quality analyses and measurements prescribed in paragraph (E) of this rule shall be reported on a form to be provided by the chief.

(F) Alternative water supply information. The application shall identify the extent to which the proposed coal mining operations may proximately result in contamination, diminution, or interruption of an underground or surface source of water that is for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the description shall contain information on water availability and alternative sources of water, including the suitability of alternative water sources for existing premining uses and approved post-mining land uses.

(G) Supplemental information. If the determination of the probable hydrologic consequences required by paragraph (E)(2) of rule 1501:13-4-05 of the Administrative Code indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under paragraphs (D) and (E) of this rule shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analyses of other water quality or quantity characteristics.

(H) Climatological information.

(1) When required by the chief, the application shall contain a statement of the climatological factors that are representative of the proposed permit area, including:

(a) The average seasonal precipitation;

(b) The average direction and velocity of prevailing winds; and

(c) Seasonal temperature ranges.

(2) The chief may request such additional data as deemed necessary to ensure compliance with the requirements of these rules.

(I) Land-use information.

(1) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:

(a) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.

(b) A narrative of the land capability and productivity, which analyzes the land use described under paragraph (I)(1)(a) of this rule in conjunction with other environmental resources information required under these rules. The narrative shall provide analyses of:

(i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area; and

(ii) The productivity of the proposed permit area before mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage, or wood products from the land obtained under high level of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States department of agriculture, state agricultural universities, or appropriate state natural resources or agricultural agencies.

(2) The application shall state whether the proposed permit area has been previously mined, and if so, the following information, if available:

(a) The type of mining method used;

(b) The coal seams or other mineral strata mined;

(c) The extent of coal or other minerals removed;

(d) The approximate dates of past mining; and

(e) The uses of the land preceding mining.

(3) The application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed permit and adjacent areas.

(J) Prime farmland investigation.

(1) The applicant shall conduct a pre-application investigation of the proposed permit area to determine whether lands within the area may be prime farmland. The chief, in consultation with the U.S. natural resources conservation service, shall determine the nature and extent of this investigation.

(2) Land shall not be considered prime farmland if the applicant can demonstrate that:

(a) The land has not been historically used for cropland; or

(b) On the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the U.S. natural resources conservation service.

(3) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of paragraph (J)(2) of this rule.

(4) If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the U.S. natural resources conservation service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed permit area, the applicant shall cause a survey to be made that is of the detail of a second order soil survey used by the U.S. natural resources conservation service for operational conservation planning. This survey shall be used to identify and locate prime farmland soils.

(a) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have been designated as prime farmlands, the applicant shall submit an application, in accordance with the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code, for such designated land.

(b) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have not been designated as prime farmland after review by the U.S. natural resources conservation service, the applicant shall submit a request for negative determination for non-designated land with the permit application establishing compliance with paragraph (J)(2) of this rule.

(K) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated July 10, 2025 at 11:46 PM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-13

(A) General requirements.

(1) This rule applies only to underground mining operations.

(2)

(a) Each application shall describe and identify the nature of cultural, historic and archeological resources listed or eligible for listing on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, and known archeological sites within the proposed permit and adjacent areas. The description shall be based on all available information, including, but not limited to, information from the state historic preservation officer and from local archeological, historical, and cultural preservation agencies. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(b) The chief may require the applicant to identify and evaluate important historical and archeological resources that may be eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of this rule, through:

(i) Collection of additional information;

(ii) Conduct of field investigations; or

(iii) Other appropriate analyses.

(3) Each application shall describe and identify the lands subject to coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought.

(B) Description of hydrology and geology: general requirements.

Each application shall contain a description of surface and ground water within the permit area, adjacent area, and general area, and any water which will flow into or receive discharges of water from the permit and adjacent area. The description shall be prepared in the manner required by paragraphs (B) to (G) of this rule and conform to the following:

(1) Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the adjacent area shall be provided by the chief, to the extent that this data is available from an appropriate federal or state agency.

(2) If this information is not available from those agencies, the applicant may gather and submit this information to the chief as part of the permit application.

(3) The permit shall not be approved by the chief until this information is made available in the application.

(C) Geology description.

(1) Each application shall include geologic information in sufficient detail to assist in:

(a) Determining the probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface- and ground-water monitoring is necessary.

(b) Determining all potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined;

(c) Determining whether reclamation as required by these rules can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area; and

(d) Preparing the subsidence control plan required under paragraph (M) of rule 1501:13-4-14 of the Administrative Code.

(2)

(a) The description shall include a general statement of the geology within the proposed permit and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely affected by mining. It shall also include the areal and structural geology of the permit and adjacent areas, and the other parameters which influence the required reclamation, and shall show how the areal and structural geology may affect the occurrence, availability, movement, quantity, and quality of potentially affected surface and ground waters. It shall also be based on:

(i) The cross sections, maps and plans required by paragraph (B) of rule 1501:13-4-08 of the Administrative Code and paragraph (B) of rule 1501:13-4-08.1 of the Administrative Code;

(ii) The information obtained under paragraphs (C)(2)(c) to (C)(2)(f) of this rule; and

(iii) Geologic literature and practices.

(b) The geology for all areas proposed to be affected by underground mining surface operations, those surface lands overlying coal to be mined, and the coal to be mined shall be separately described.

Geology of all the strata to be affected by underground mining operations shall be described. The description shall include, at a minimum, the lithologic characteristics and physical and chemical properties of each stratum.

(c) For those areas to be affected by underground mining surface operations where removal of the overburden down to the level of the coal seam will occur, the geology of the strata down to and including the deeper of either the stratum immediately below any coal seam to be mined, or any aquifer below the lowest coal seam to be mined which may be adversely affected by mining shall be described. This description shall include the following data resulting from analyses of test borings or core samplings down to and including the stratum immediately below any coal seam to be mined:

(i) The location of areas where subsurface water will be exposed at the face-up area;

(ii) The logs of drill holes showing the lithologic characteristics of the strata to be affected;

(iii) The physical properties of each stratum within the overburden;

(iv) Chemical analyses of each stratum to be affected, including the stratum immediately below the lowest coal seam to be mined, to identify, at a minimum, those horizons which contain potential acid-forming, toxic-forming, or alkalinity-producing materials; and

(v) Analyses of the coal seam for acid- or toxic-forming materials, including, but not limited to, an analysis of the total sulfur and the sulfur present in pyrite, except that the chief may find that the analysis of sulfur present in pyrite is unnecessary.

(d) For lands within the permit and adjacent areas where the strata above the coal seam to be mined will not be removed, samples shall be collected and analyzed from test borings or drill cores to provide the following data:

(i) Logs of drill holes showing the lithologic characteristics, including physical properties and thickness of each stratum that may be affected and location of ground water where occurring;

(ii) Chemical analyses for acid- or toxic-forming or alkalinity-producing materials and their content in the strata immediately above and below the coal seam to be mined;

(iii) Chemical analyses of the coal seam for acid- or toxic-forming materials, including but not limited to an analysis of the total sulfur and the sulfur present in pyrite, except that the chief may find that the analysis of pyritic sulfur content is unnecessary; and

(iv) For standard room and pillar mining operations, the thickness and engineering properties of clays or soft rock such as clay shale, if any, in the stratum immediately above and below each coal seam to be mined.

(e) Each application shall contain the results from test holes bored or drilled on lands above the underground workings:

(i) At a minimum of three points, not in a straight line, spaced so as to indicate the strike and dip of the coal seam; and

(ii) At a minimum of one test hole per one hundred sixty acres.

(f) Additional test hole data or test holes may be required by the chief at specific sites when necessary to describe localized conditions or variations in geology which may affect the ability of the underground coal mining operation to be conducted in accordance with these rules.

(g) If more precise information than can be provided by drilling techniques is warranted by potentially adverse site conditions, the chief may require that the test hole information required in paragraph (C) of this rule be obtained by core drilling.

(3) Prior to submission of an application, an applicant may request that the requirements of paragraphs (C)(2)(c) to (C)(2)(e) of this rule be waived by the chief. The waiver may be granted only if the chief makes a written determination that the statement required is unnecessary because other equivalent information is accessible to him or her in a satisfactory form. If the chief grants a waiver, the waiver shall be submitted with the permit application.

(D) Ground water information.

(1) The application shall contain a description of the ground-water hydrology for the proposed permit and adjacent areas and the area above the underground workings, including, at a minimum:

(a) The depth below the surface and the horizontal extent of the water table and aquifers;

(b) The lithology and thickness of the aquifers;

(c) Known uses of the water in the aquifers and water table;

(d) The quality of subsurface water, if encountered;

(e) The depth to the water in the coal seam if the seam is a water-bearing stratum, and each water-bearing stratum above and potentially affected water-bearing stratum below the coal seam; and

(f) Additional information which describes the recharge and storage characteristics of aquifers, the approximate rate of discharge or usage, and the quality and quantity of ground water.

(2) The application shall contain a water supply inventory to include, at a minimum:

(a) A list of existing water wells on the proposed permit and adjacent areas to describe the quality and quantity of the ground water to include:

(i) The identification number of each well;

(ii) Surface elevation of the well;

(iii) Depth of the well in feet below the land surface;

(iv) Static water level of the well in feet below the land surface;

(v) The lithology of the aquifer in which each well is developed; and

(vi) Name of owner of the well;

(b) A list of existing springs on the proposed permit area and existing developed springs on the adjacent area to include:

(i) The identification number of each spring;

(ii) Name of owner of any spring that is developed for use as a water supply;

(iii) The surface elevation of the spring; and

(iv) The aquifer each spring flows from; and

(c) A list of the location and type of any public water supply sources on the permit and adjacent areas.

(3) Where information required in the water supply inventory of paragraph (D)(2) of this rule is unobtainable, a statement to that effect shall be made, giving the reasons therefor.

(4) The application shall contain the results of water quality analyses and measurements of static water level or discharge, conducted on at least ten (or all if less than ten) of the wells and springs identified in paragraphs (D)(2)(a) and (D)(2)(b) of this rule or twenty-five per cent of such wells and springs, whichever number is greater.

(a) Wells and springs chosen for analysis and measurement shall, as a group, represent all known aquifers present in the permit and adjacent areas.

(b) Sampling for water quality analysis shall be conducted at a minimum one time prior to submission of an application for a permit.

(c) The measurement of the static water level or discharge shall be conducted for each well and spring identified in paragraph (D)(4) of this rule at a minimum one time prior to submission of an application for a permit.

(d) Water samples collected at the sites prescribed in this paragraph shall be analyzed for the following parameters according to the methodology specified in 40 C.F.R. parts 136 and 434:

(i) pH in standard units;

(ii) Total acidity in milligrams per liter of CaCO₃;

(iii) Total alkalinity in milligrams per liter of CaCO₃;

(iv) Total manganese in milligrams per liter;

(v) Total iron in milligrams per liter;

(vi) Total hardness in milligrams per liter of CaCO₃;

(vii) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(viii) Total aluminum in milligrams per liter;

(ix) Total sulfates in milligrams per liter; and

(x) Other such information as the chief determines relevant.

(e) The results of water quality analyses and measurements required in paragraph (D) of this rule shall be reported on a form to be provided by the chief.

(5) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D)(7) of this rule shall be submitted with an application for a permit.

(6) Identifying seasonal variations for ground water and surface water. For each application, the applicant shall submit three water samples from each required sampling site designated pursuant to paragraphs (D)(4) and (E)(1) of this rule. One sample shall be from the low flow period, one sample from the high flow period, and one sample from either of the intermediate flow periods, as established in the following table:

Flow Periods and Duration of Flow Periods

| Low Flow | August 16 to October 31 | | --- | --- | | Transition Flow | November 1 to November 15 | | Intermediate Flow | November 16 to January 31 | | Transition Flow | February 1 to February 14 | | High Flow | February 15 to April 30 | | Transition Flow | May 1 to May 15 | | Intermediate Flow | May 16 to July 31 | | Transition Flow | August 1 to August 15 |

(a) For samples submitted to meet the seasonal variations requirements, the period between consecutive samples shall be at least thirty days, but not more than eighteen months, and no sample shall be collected more than thirty-six months before the date of submission of the application to the chief. A sample that exceeds the eighteen month or thirty-six month time limit of this paragraph may be acceptable if the applicant submits the following information with the sample:

(i) The date and sampling site of the sample; and

(ii) A description of all land disturbance activities that existed at the time of the sample date or that have occurred since the sample date within the local watershed that could affect the quality and quantity of the surface water or ground water. The description shall include, but is not limited to, land disturbances such as mining operations, highway construction, cut and fill operations, building construction, and dam construction or demolition.

(iii) A sample that exceeds the eighteen month or thirty-six month time limit is acceptable only if the chief determines that it is still representative of the quality and quantity of the surface water or ground water at the time of submission of the application.

(b) The applicant is not required to collect samples from consecutive flow periods.

(c) The applicant may record a low flow sample as "no flow" if the applicant documents that the applicant made at least two attempts, at least thirty days apart, to collect a flow at that site during the low flow period.

(d) Transition flow periods. A sample obtained during a transition flow period may be used for either the preceding or succeeding flow period if the following conditions are met:

(i) The applicant submits documentation showing that the sample from the transition period accurately reflects the flow period for which the sample is submitted and the chief agrees with this assessment;

(ii) The sample obtained during a transition period is not used for both the preceding and succeeding flow periods;

(iii) At least one of the three required samples is obtained during a flow period other than a transition period; and

(iv) The applicant submits precipitation data for the local watershed for the thirty days prior to the sample date.

(e) Substitute sampling site for one sample. The applicant may request, in writing, that a sample obtained from a site other than a designated sampling site be substituted for one of the three designated site samples. A sample from a substitute site shall not be used as the earliest of the three samples from a designated sampling site. The chief shall review this request and determine whether the substitute sampling site and the data collected from the site are acceptable. In making the request, the applicant shall:

(i) Describe how the substitute sampling site adequately represents the original sampling site;

(ii) Demonstrate that the substitute sampling site is located in the same aquifer as the original sampling site;

(iii) Demonstrate that the geology of the groundwater recharge area of the substitute site, as well as the surface disturbance of the recharge area of the substitute site, are similar to that of the original site;

(iv) Demonstrate that the substitute sampling site represents and performs the same function as the original site;

(v) Demonstrate that the analysis of the water quality and quantity data from the substitute site accurately represents the quality and quantity of the water at the original site and explain any anomalies in water quality or quantity at the substitute site;

(vi) Demonstrate that the flow obtained at the substitute site was obtained during the flow period missed at the original site;

(vii) Include precipitation data for the thirty days prior to the sample date at the substitute site;

(viii) Provide a description of the location of the substitute sampling site relative to the original sampling location. The description shall include bearing and distance measurements from the original sampling location to the substitute sampling location; and

(ix) Submit additional information if required by the chief to support the use of a substitute sample.

(f) The applicant may submit additional samples and other data related to seasonal variations beyond that submitted to meet the minimum requirements of paragraph (D)(6) of this rule.

(7) Water quality and quantity data collected and described other than as required by paragraph (D)(6) of this rule may be submitted to identify seasonal variations in ground water and surface water, provided the chief determines that the alternative data are sufficient to identify seasonal variations needed for the hydrologic assessments required by Chapter 1513. of the Revised Code and the rules adopted thereunder.

(E) Surface-water information.

(1) Within the proposed permit and adjacent areas, all surface-water bodies such as streams, lakes and impoundments and all discharges from the permit area into surface-water bodies shall be described and sampled for analysis under paragraph (E) of this rule. The description shall include the name of any watershed that will receive water discharges, the name, ownership and location of all surface-water bodies and the known uses of the water in these water bodies.

(2) Water samples collected under paragraph (E) of this rule shall be analyzed according to the methodology specified in 40 C.F.R. parts 136 and 434. Surface-water information shall include:

(a) Minimum, maximum, and average discharge conditions, which identify critical low flows and peak discharge rates of streams; and

(b) The following water quality data to identify the characteristics of surface waters within the proposed permit and adjacent areas:

(i) Total suspended solids in milligrams per liter;

(ii) Total acidity in milligrams per liter of CaCO₃;

(iii) Total alkalinity in milligrams per liter of CaCO₃;

(iv) pH in standard units;

(v) Total iron in milligrams per liter;

(vi) Total manganese in milligrams per liter;

(vii) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade;

(viii) Total aluminum in milligrams per liter;

(ix) Total sulfates in milligrams per liter; and

(x) Other such information as the chief determines relevant.

(3) Water quality and quantity data sufficient to identify seasonal variations pursuant to paragraph (D)(6) or (D(7) of this rule shall be submitted with an application for a permit.

(4) The results of water quality analyses and measurements prescribed in paragraph (E) of this rule shall be reported on a form to be provided by the chief.

(F) Alternative water supply information. The application shall identify the extent to which the proposed underground mining operations, including subsidence impacts, may proximately result in contamination, diminution, or interruption of an underground or surface source of water that is for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the description shall contain information on water availability and alternative sources of water, including the suitability of alternative water sources for existing premining uses and approved postmining land uses.

(G) Supplemental information. If the determination of the probable hydrologic consequences required by paragraph (E)(2) of rule 1501:13-4-14 of the Administrative Code indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under paragraphs (D) and (E) of this rule shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analyses of other water quality or quantity characteristics.

(H) Climatological information.

(1) If required by the chief, the application shall contain a statement of the climatological factors that are representative of the proposed permit and adjacent areas, including:

(a) The average seasonal precipitation;

(b) The average direction and velocity of prevailing winds; and

(c) Seasonal temperature ranges.

(2) The chief may request such additional data as deemed necessary to ensure compliance with the requirements of these rules.

(I) Land-use information.

(1) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:

(a) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.

(b) A narrative of the land capability and productivity, which analyzes the land use described under paragraph (I)(1)(a) of this rule in conjunction with other environmental resources information required under these rules. The narrative shall provide analyses of:

(i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the area proposed to be affected by underground mining surface operations or facilities; and

(ii) The productivity of the area proposed to be affected by underground mining surface operations or facilities before mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage or wood products from the land obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States department of agriculture, state agricultural universities, or appropriate state natural resources or agricultural agencies.

(2) The application shall state whether the proposed permit area has been previously mined, and if so, the following information, if available:

(a) The type of mining method used;

(b) The coal seams or other mineral strata mined;

(c) The extent of coal or other minerals removed;

(d) The approximate dates of past mining; and

(e) The uses of the land preceding mining.

(3) The application shall contain a description of the existing land uses and land-use classifications under local law, if any, of the proposed permit and adjacent areas.

(J) Prime farmland investigation.

(1) The applicant shall conduct a pre-application investigation of the area proposed to be affected by surface operations or facilities to determine whether lands within the area may be prime farmland. The chief, in consultation with the U.S. natural resources conservation service, shall determine the nature and extent of this investigation.

(2) Land shall not be considered prime farmland if the applicant can demonstrate that:

(a) The land has not been historically used for cropland; or

(b) On the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the U.S. natural resources conservation service.

(3) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of paragraph (J)(2) of this rule.

(4) If the investigation indicates that lands within the area proposed to be affected by surface operations and facilities may be prime farmlands, the applicant shall contact the U.S. natural resources conservation service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for these lands, the applicant shall cause a survey to be made that is of the detail of a second order soil survey used by the U.S. natural resources conservation service for operational conservation planning. This survey shall be used to identify and locate prime farmland soils.

(a) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have been designated as prime farmlands, the applicant shall submit an application, in accordance with the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code, for such designated land.

(b) When a soil survey made pursuant to paragraph (J)(4) of this rule indicates that the land contains soil map units which have not been designated as prime farmland after review by the U.S. natural resources conservation service, the applicant shall submit a request for negative determination for non-designated land with the permit application establishing compliance with paragraph (J)(2) of this rule.

(K) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated June 25, 2025 at 7:45 PM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-14

(A) The federal regulation references included in these rules can generally be found in public libraries or electronically at the website govinfo.gov/. The publishing dates for the various parts of the Code of Federal Regulations (C.F.R.) are: Title 7, January 1, 2021; Title 30, July 1, 2020; Title 40, July 1, 2020; Title 43, October 1, 2020.

(1) 7 C.F.R. Part 657;

(2) 30 C.F.R. 77.214, 77.215, 77.216, 77.216(a), 77.216-2(a), and 77.216-3;

(3) 30 C.F.R. 710.12;

(4) 30 C.F.R. Part 761;

(5) 30 C.F.R. 843.11;

(6) 30 C.F.R. Chapter VII, Subchapters D, F, and R;

(7) 40 C.F.R. Parts 122, 123, 136, 260 to 270 and 434;

(8) 43 C.F.R. Parts 3480 to 3487.

(B) The federal law references included in these rules are based on the 2018 edition of the United States Code (U.S.C.), dated January 24, 2020. These federal laws can generally be found in public libraries or electronically at the website govinfo.gov/.

(1) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., as amended;

(2) The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq.;

(3) The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq., as amended;

(4) The Bald and Golden Eagle Protection Act, 16 U.S.C. 668 et seq., as amended;

(5) The Migratory Bird Treaty Act of 1918, 16 U.S.C. 703 et seq., as amended;

(6) Section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq.;

(7) The Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended;

(8) The Occupational Safety and Health Act, 29 U.S.C. 651 et seq., as amended;

(9) The Mine Safety and Health Act, 30 U.S.C. 801 et seq., as amended;

(10) Section 518 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1268;

(11) The Clean Water Act, 33 U.S.C. 1251 et seq.;

(12) Water pollution prevention and control effluent limitations, 33 U.S.C. 1311(p);

(13) Subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(14) Section 3001 of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(15) The Clean Air Act, 42 U.S.C. 7401 et seq.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-05 Coal recovery.

Coal mining operations shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in future coal mining operations is minimized.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: October 27, 1982
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-9-06 Use of explosives in coal mining and coal exploration operations.

(A) General.

(1) The provisions of this rule shall apply to all surface blasting operations, including surface blasting operations incident to underground mining, on all coal mining and reclamation operations and on coal exploration operations. For box or contour cuts associated with development of underground mine entries, this rule shall apply to all material above the coal seam to be mined. For vertical shafts and drift or slope entries associated with underground mining, this rule shall apply only to the first twenty-five feet of material excavated below or beyond the original ground surface or point of entry. Where the provisions of this rule are in conflict with the conditions described in a permittee's previously approved blasting plan, the provisions of this rule shall apply.

(2) Blasting operations shall be conducted in accordance with all applicable state and federal laws and regulations.

(3) For purposes of this rule, "certified blaster" shall mean a blaster who possesses a valid certificate obtained pursuant to rule 1501:13-9-10 of the Administrative Code and "certified mine foreperson" shall mean a mine foreperson who has a valid certification pursuant to Chapter 1561. of the Revised Code.

(4) Blasting operations shall be conducted only under the supervision of a certified blaster. A certified blaster and at least one other person shall be physically present at the detonation of a blast. Only a certified blaster, or a member of the blasting crew under the direct supervision of the certified blaster, may detonate a blast. Any certified blaster who is responsible for conducting blasting operations at a blasting site shall give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew or assist in the use of explosives.

(5) Certified blasters, and other persons responsible for blasting operations at a blasting site, shall review and know the permittee's blasting plan and site-specific blasting limitations. The permittee shall keep a copy of the blasting plan and the permit map at the permit site or at the mine office closest to the permit site for use by employees, contract blasters, and any other persons responsible for blasting operations.

(B) Anticipated blast design for special areas.

(1) The permittee or permit applicant must submit an anticipated blast design to the chief before blasting within:

(a) One thousand feet of any dwelling, public or commercial building, school, church, or community or institutional building; or

(b) Five hundred feet of an active or abandoned underground mine.

(2) The blast design must be submitted:

(a) As part of a permit application; or

(b) As a revision to the mining plan, at least sixty days prior to such blasting.

(3) The blast design shall contain sketches of the drill patterns, delay periods, and decking, and shall indicate the type and amount of explosives to be used, critical dimensions, initiation systems, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable flyrock, airblast, and ground vibration standards in paragraph (F) of this rule.

(4) The blast design shall be prepared by a certified blaster or by a blasting consultant, seismologist, or professional engineer who has been trained in current blasting technology and state and federal blasting laws and regulations. The blast design shall be reviewed, approved, and signed by a certified blaster who has knowledge of the site-specific blasting limitations.

(5) The chief may require revisions to the design submitted.

(C) Preblast survey.

(1) At least thirty days before initiation of blasting, the permittee or permit applicant shall notify, in writing, all residents or owners of dwellings or other structures located within one-half mile of the permit area, about how to request a preblast survey. Such notification shall include the statements that any preblast survey requested more than ten days before the planned initiation of blasting shall be completed before the initiation of blasting, and that the survey will be conducted at no cost to the resident or owner.

(2) A resident or owner of a dwelling or structure within one-half mile of the permit area may request a preblast survey. This request shall be made, in writing, directly to the permittee or permit applicant by certified mail, or by regular mail to the chief, who shall promptly notify the permittee or permit applicant by certified mail or by electronic mail with acknowledgment of receipt. Within forty-five days after a request is received, the permittee or permit applicant shall conduct a preblast survey of the dwelling or structure and prepare a written report of the survey. Where blasting has not yet begun on a new or proposed permit area, a modified time frame for completion of preblast surveys may be approved by the chief, upon written request to the chief, when circumstances warrant an extension of time. However, any preblast survey requested more than ten days before the planned initiation of blasting shall be completed before the initiation of blasting. An updated survey of any additions, modifications, or renovations shall be performed by the permittee or permit applicant if requested by the resident or owner.

(3) When conducting a preblast survey, the permittee or permit applicant shall determine the condition of the dwelling or structure and shall document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, oil and gas wells, cables, communication and transmission towers, transmission lines, and cisterns, wells, and other water systems warrant special attention; however, the assessment of these structures may be limited to surface conditions and other readily available data.

(4) The written report of the survey shall be signed by the person who conducted the survey. Copies of the report shall be provided to the resident or owner of the dwelling or structure, and to the chief. If the resident or owner disagrees with the contents or recommendations contained therein, he or she may submit to both the permittee or permit applicant and the chief a detailed description of the specific areas of disagreement.

(5) Whenever a permittee or permit applicant conducts a preblast survey of a dwelling or structure without receiving a written request to do so, a copy of the written report of the survey shall be given to the resident or the owner.

(D) Blasting schedule.

(1) Blasting shall be conducted between sunrise and sunset at times approved by the chief and announced in the blasting schedule. The chief may limit the time periods, area covered, and sequence of blasting as listed in the schedule, if such limitations are necessary and reasonable in order to protect the public health and safety or welfare.

(2) Unscheduled blasts may be conducted only in emergency situations where rain, lightning, other atmospheric conditions, or operator or public safety so requires. When an unscheduled blast is conducted, the certified blaster in charge shall document the reason for the unscheduled blast in the blast record required under paragraph (G) of this rule.

(3) At least ten days, but not more than ninety days, before initiation of blasting, the permittee or permit applicant shall publish the blasting schedule in a newspaper of general circulation in the locality of the blasting area, and distribute copies of the blasting schedule to local governments, public utilities, and each residence and occupied building within one-half mile of the proposed blasting area described in the schedule. A notarized proof of each publication of the blasting schedule required under this rule shall be sent to the division of mineral resources management district office having jurisdiction over the permit.

(4) The permittee shall republish and redistribute the schedule at least every twelve months, and revise, republish, and redistribute the schedule at least ten days, but not more than thirty days, before blasting whenever the area covered by the schedule changes or actual time periods for blasting significantly differ from the prior announcement.

(5) The blasting schedule shall contain, at a minimum:

(a) Name, address, and telephone number of the permittee or permit applicant;

(b) Permit number or application number, whichever is applicable;

(c) Identification of the specific areas where blasting will occur;

(d) Dates and time periods when blasting will occur;

(e) Methods to be used to control access to the blasting area;

(f) Type and patterns of audible warning and all-clear signals to be used before and after blasting; and

(g) A description of possible emergency situations (defined in paragraph (D)(2) of this rule) when an unscheduled blast may be necessary.

(6) Surface blasting incident to underground mining shall be exempt from the blasting schedule and publication requirements of paragraphs (D)(3), (D)(4), and (D)(5) of this rule if, instead, the underground mine permittee or permit applicant provides notice, in writing, to residents within one-half mile of the blasting site and local governments of the proposed times and locations of blasting operations. Such notice of blasting times and locations may be announced weekly, but in no case less than twenty-four hours before blasting will occur.

(E) Blasting signs, warnings, and access control.

(1) Blasting signs shall meet the specifications of rule 1501:13-9-01 of the Administrative Code.

(2) The permittee shall conspicuously place signs reading "BLASTING AREA" along the edge of any blasting area that comes within one hundred feet of any public road right-of-way, and at the edge of blasting areas along access and haul roads within the permit area.

(3) At all entrances to the permit area from any road, the permittee shall conspicuously place signs which state "WARNING! EXPLOSIVES IN USE" which clearly explain the meaning of the audible warning and all-clear signals in use, and the marking of blasting areas and charged holes awaiting firing within the permit area.

(4) For each blast, the certified blaster conducting the blast shall determine the limits of the blasting area and communicate those limits to the certified mine foreperson. The certified mine foreperson shall be responsible for controlling access to the blasting area to prevent the presence of livestock or unauthorized persons at least ten minutes before each blast, and until the certified blaster has determined that no unusual hazards, such as imminent slides or undetonated charges, exist, and access to and travel within the blasting area can safely resume. The certified mine foreperson shall not allow anyone to re-enter the designated blasting area until the certified blaster conducting the blast has contacted the certified mine foreperson, and the all-clear signal has been sounded. "Blasting area" means the area in which airblast (concussion or shock wave), flyrock, or other blasting hazards might cause injury to persons or damage to property. In determining the blasting area, the following factors shall be considered:

(a) Geology of the material to be blasted;

(b) Orientation of the blast bench and rock face(s);

(c) Blast pattern layout, delay system and timing;

(d) Burden, depth, diameter and angle of the blastholes;

(e) Blasting experience of the mine;

(f) Powder factor and pounds of explosives per delay;

(g) Type and amount of explosive material;

(h) Type and amount of stemming;

(i) Atmospheric conditions; and

(j) Topography.

(5) At least one minute, but not more than two minutes, before the detonation of a blast, the certified blaster in charge, or someone directed by the certified blaster, shall give an audible warning signal. If the blast is not detonated within two minutes of the audible warning signal, the warning signal shall be repeated as required by this paragraph before the blast is detonated. After the blast has been detonated and the certified blaster has confirmed that the blast area is safe to re-enter, an audible all-clear signal shall be given.

(6) Warning and all-clear signals, to be produced by an airhorn, siren or similar device, shall be audible to at least one-half mile from the blast site. "Blast site" means the area formed by the perimeter of the loaded blastholes and fifty feet in all directions from loaded blastholes. The warning signal shall consist of three long sounds, each lasting at least five seconds. The all-clear signal shall consist of one long sound lasting at least ten seconds.

(7) When blasting within one-half mile of any public or private institution such as a school or church in session, or a residential mental or physical health care facility, the permittee shall notify the institution by telephone or personal visit on the day of scheduled blasting at least one hour before each blast. This requirement shall not apply if the permittee submits to the chief a copy of a statement signed by the administrator of the institution, waiving the right to be notified.

(F) Control of adverse effects.

(1) Blasting shall be conducted in a manner to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of surface or ground water outside the permit area.

(2) Blasting shall not be conducted within:

(a) Three hundred feet of any public water tower or public reservoir dam, communication or high-voltage transmission tower, railroad tunnel or highway tunnel, public water or sewage line, or major oil or gas pipeline, except where written permission has been obtained from the controlling authority or owners thereof on a form prescribed by the chief or a letter attached to that form; or

(b) Five hundred feet of an active underground mine, except where written permission has been obtained from the owners thereof, and from all state and federal regulatory authorities concerned with the health and safety of underground miners, on a form prescribed by the chief or a letter attached to that form.

(3) "Flyrock," defined as rock, mud, or debris (excluding dust) traveling in the air or along the ground as a result of a blast, shall not be cast from the blast site beyond any of the following:

(a) One-half the horizontal distance to any dwelling or other occupied structure;

(b) The area of control required under paragraph (E)(4) of this rule; or

(c) The permit boundary.

(4) If flyrock is cast beyond the permit boundary, the certified blaster in charge shall notify the division of mineral resources management by telephone within two hours after learning of the flyrock incident, and submit a written flyrock incident report to the division of mineral resources management district office having jurisdiction over the permit area within three business days after learning of the incident. The permittee or certified blaster shall not conduct another blast directly beside or behind the blast site where the flyrock originated until the report is properly completed and the division of mineral resources management has acknowledged its receipt. The report shall include, at a minimum, a copy of the blast record required under paragraph (G) of this rule and all available seismographic data, a sketch of the blast site and rock deposition area, and a detailed explanation of: how the blast was designed and loaded; who witnessed the blast and where they were located and what they observed; the location and nature of the flyrock deposition (including property owners, type and approximate number of rocks, size and distance range), property damages (if any) and personal injuries (if any); what measures have been taken to repair all property damages (if any) and address all personal injuries (if any); the probable cause of the flyrock incident; and the corrective measures to be taken to prevent another flyrock incident.

(5) Airblast shall not exceed one hundred thirty-three decibels at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area, except as authorized under paragraph (F)(12) of this rule.

(a) If necessary to prevent damage, the chief shall specify lower maximum allowable airblast levels for use in the vicinity of a specific blasting operation.

(b) The permittee shall conduct periodic monitoring to ensure compliance with the airblast limits. The chief may require airblast measurement of any or all blasts, and may specify the locations at which such measurements are taken.

(6) In all blasting operations, except as authorized in paragraph (F)(12) of this rule, the maximum ground vibration shall not exceed the values specified in this rule or approved in the blasting plan required under paragraph (C) of rule 1501:13-4-05 or paragraph (C) of rule 1501:13-4-14 of the Administrative Code.

(a) The maximum ground vibration at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area shall be established in accordance with the frequency-dependent particle velocity limits of paragraph (F)(8) of this rule, or other limits imposed by the chief pursuant to paragraph (F)(10) of this rule.

(b) All other structures in the vicinity of the blasting area not listed in paragraph (F)(6)(a) of this rule, such as water towers, pipelines and other utilities, communication and transmission towers, tunnels, dams, impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the permittee in the blasting plan and approved by the chief.

(7) All seismographs used to prove compliance with the ground vibration and airblast limits required by this rule shall have seismic and acoustic systems with a minimum frequency range of two to two hundred fifty hertz, with accuracies that meet or exceed the performance specifications for blasting seismographs adopted by the international society of explosives engineers, "ISEE Performance Specifications for Blasting Seismographs 2017," available as a digital download from the "International Society of Explosives Engineers" at the website www.isee.org. The ground vibration shall be measured as the particle velocity and recorded in three mutually perpendicular directions. The maximum allowable frequency-dependent particle velocity limits and peak particle velocity limits in this rule shall apply in each of the three directions of measurement. Whenever possible, the seismographic measurement shall be made within ten feet of the building or structure being monitored, at the side or corner of the building or structure closest to the blast site. Otherwise, the seismograph may be placed at some point between the blast site and the building or structure to be protected.

(8) Ground vibration, when measured at any dwelling, public or commercial building, school, church or community or institutional building outside the permit area, shall not exceed the frequency-dependent particle velocity limits in the chart, below, from the U.S. bureau of mines (1980), "Report of Investigations 8507, Appendix B: Alternative Blasting Level Criteria." When applying the frequency-dependent particle velocity limits, the lower plateau at 0.50 inches per second shall apply at its corresponding frequencies, unless the permittee or permit applicant submits to the chief evidence to support application of the higher plateau at 0.75 inches per second, and the chief approves a blast plan modification to that effect.

(9) In lieu of the seismographic monitoring required by paragraph (F)(8) of this rule, the scaled distance equation, W = (D/90)², may be used to determine the maximum allowable charge weight of explosives that can be detonated within any period less than eight milliseconds, where W = the maximum weight of explosives, in pounds; D = the distance, in feet, from the nearest blasthole to the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area; and 90 is the applicable scaled distance factor.

(10) The chief shall reduce the maximum allowable ground vibration limits prescribed in paragraph (F)(8) of this rule, if determined necessary to prevent damage.

(11) The chief may require a permittee to conduct seismic monitoring of any or all blasts, and may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.

(12) The maximum airblast and ground vibration limits of paragraphs (F)(5) to (F)(8) of this rule shall not apply:

(a) At structures owned by the permittee and not leased to another person; and

(b) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the chief before blasting.

(13) Any person who operates a seismograph for the purpose of demonstrating compliance with the ground vibration and airblast limits of this rule shall have received appropriate training, for the specific seismograph model(s) in use, in: programming the seismograph(s) to record the blast; positioning the geophone and microphone; coupling the geophone to the ground; extracting the data after the blast in digital and printed form; and understanding the results. Such training shall be received from a representative of the seismograph manufacturer or distributor, or other competent person. A record of such training shall be maintained by the seismograph operator or his or her employer, and made available for inspection by the chief or his or her authorized representative upon request.

(G) Blast records.

(1) The permittee shall retain a record of all blasts for at least three years, and shall make copies of these records available for inspection upon request by the public, the chief or an authorized representative of the chief.

(2) Where blast records are normally kept at an office of the permittee not located on the permit site, the record for each blast shall be on file at that office within five business days after the blast is detonated.

(3) Blast records shall be accurately completed at the mine site by the certified blaster in charge, and shall contain the following data:

(a) Name of the permittee and permit number;

(b) Name of the firm conducting the blast, if different from the permittee;

(c) Location, date, and time of the blast;

(d) Printed name, signature, and certification number of the blaster conducting the blast and the name of each person on the blasting crew;

(e) Relative to the nearest blasthole, the identification of, distance to, direction to, and method used to determine the distance and direction to, the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area, except those structures described in paragraph (F)(12) of this rule. The direction shall be stated in degrees, as an azimuth from zero to three hundred sixty degrees. The distance shall be stated in feet, as derived from an aerial photo, a topographic map, conventional field measurement devices (e.g., measuring tape or transit), or electronic devices (e.g., laser-ranging or global positioning system units);

(f) Weather conditions, including temperature and approximate wind direction and velocity;

(g) Type of material blasted;

(h) Number, diameter, and depth of holes;

(i) Depth of subdrilling, where applicable;

(j) Burden and spacing dimensions;

(k) Type, manufacturer, and amount of explosives used, including bulk, bagged, or cartridged explosives, detonating cord, primers, and surface and in-hole delay detonators;

(l) Total weight of explosives used;

(m) Weight of explosives used per hole;

(n) Maximum number of holes and maximum weight of explosives detonated within any period less than eight milliseconds;

(o) The actual scaled distance factor, expressed as the distance, in feet, from the nearest blasthole to the nearest dwelling or building in paragraph (G)(3)(e) of this rule divided by the square-root of the maximum weight of explosives detonated in any period less than eight milliseconds;

(p) Type of initiation system used, including the type of blasting machine or other power source, and the types of trunkline and downline systems, if not readily apparent from other information in the blast record;

(q) Sequential timer setting, in milliseconds, if applicable;

(r) Type and length of stemming used per hole;

(s) Sketch of the blast pattern showing all holes, delay pattern (including initiation hole, hole-to-hole and row-to-row delay detonator locations and periods, where applicable, or electronically programmed hole and deck firing times, where applicable), location of free faces and previously blasted material, and a north arrow;

(t) Sketch of a typical blasthole cross section showing the depth and location of stemming and explosive decks, primers, and delay detonators;

(u) Mats or other special protections used;

(v) Seismographic records, when required for compliance, shall be attached to the blast record within five business days of the blast, and shall include:

(i) Make, model and serial number of the seismograph, seismic and acoustic trigger levels, and most recent annual calibration date;

(ii) Exact location of the seismograph and distance from the blast, and the date and time of the recorded blast event;

(iii) Name of the person and firm operating the seismograph;

(iv) Full waveform printout, including: three mutually perpendicular channels of ground vibration and an airblast channel; dynamic calibration results; a plot of particle velocity versus frequency with a comparison to the frequency-dependent blast vibration limits in paragraph (F)(8) of this rule, based on a half-cycle zero-crossing analysis method; and the peak particle velocity and airblast levels; and

(v) If the seismograph fails to be triggered by the blast, a printout showing the date and time the seismograph was armed and ready to record a blast and the date and time the seismograph was disarmed or shut down, or a written statement including the above information, signed by the seismograph operator and attached to the blast record; and

(w) Reasons and conditions for each unscheduled blast.

(4) When bulk-loaded explosives are used, blast record data required by paragraphs (G)(3)(k) to (G)(3)(n) of this rule shall be completed as soon as the exact quantity of bulk explosives is determined, but in no case more than twenty-four hours after the blast is detonated.

Last updated July 10, 2026 at 2:33 PM

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-10

(A) General.

(1) All surface blasting operations in coal and industrial minerals mines, including surface blasting operations incident to underground mining and blasting operations on coal exploration operations, shall be conducted by a certified blaster who has obtained certification pursuant to the requirements of this rule.

(2) The chief may enter into agreements with other state agencies, boards, or institutions to administer any or all of the training, examination, and certification requirements of this rule. However, the final authority to accept or reject applicants for certification or recertification and the final authority to suspend or revoke a blaster's certification shall remain with the chief.

(3) The chief may grant reciprocity to any blaster who holds a valid certification or license issued under any state or federal blaster certification or license program approved by the U.S. department of the interior's office of surface mining reclamation and enforcement. However, to obtain certification under this rule, the blaster must apply for and pass an examination on Ohio blasting regulations pertaining to coal and industrial minerals mines, and meet any other requirement deemed necessary by the chief.

(4) The chief may issue a limited type of certification to blasters who conduct small-scale blasting on industrial minerals mining permits issued under Chapter 1514. of the Revised Code, but only when the blasting operations meet all of the following conditions:

(a) The primary purpose is to split natural stone deposits into rectangular blocks, or "dimension stone," for use in buildings, landscaping projects, break walls, or similar purposes;

(b) Detonating cord is the primary explosive charge in all blastholes; small-diameter cartridges, if used, occupy no more than twenty per cent of the blasthole length;

(c) The blastholes do not exceed three inches in diameter, are spaced no greater than thirty-six inches apart in a single row for each fracture plane desired, and are connected on the surface with detonating cord and no delays between the holes; and

(d) The weight of explosives per hole does not exceed five pounds, and the total weight of explosives per blast does not exceed two hundred pounds.

(B) Training. The chief shall inform certified blasters of changes in blasting rules and certification procedures, and shall ensure that courses are available to train persons responsible for the use of explosives in mining operations. The courses shall provide training and discuss practical applications of:

(1) Explosives, including:

(a) Selection of the type of explosive to be used;

(b) Determination of the properties of explosives which will produce desired results at an acceptable level of risk; and

(c) Handling, transportation, and storage.

(2) Blast designs, including:

(a) Geologic and topographic considerations;

(b) Design of a blast hole, with critical dimensions;

(c) Pattern design, field layout, and timing of blast holes; and

(d) Field applications.

(3) Loading blast holes, including priming and boostering;

(4) Initiation systems and blasting machines;

(5) Ground vibration, airblast, flyrock, and fumes, including:

(a) Monitoring techniques; and

(b) Methods to control adverse effects.

(6) Secondary blasting applications;

(7) All federal and state rules applicable to the use of explosives in coal and non-coal surface mines;

(8) Blast records;

(9) Blast Schedules;

(10) Preblasting surveys, including:

(a) Availability;

(b) Coverage; and

(c) Considerations in blast design.

(11) Blast plan requirements;

(12) Certification and training;

(13) Signs, warning signals, and site control; and

(14) Recognizing, preventing and mitigating potential hazards, including:

(a) Lightning;

(b) Stray currents;

(c) Radio waves;

(d) Misfires; and

(e) Toxic gases, including carbon monoxide and nitrogen oxides.

(C) Requirements for certification and examination.

To become a certified blaster a person must have:

(1) Received a minimum of forty hours of training covering all the topics set forth in paragraph (B) of this rule in a course taught under the supervision of the chief, or in a course, or series of courses, deemed equivalent by the chief. For a person seeking only a limited certification pursuant to paragraph (A)(4) of this rule, the chief may waive some of the required training hours and topics, such that the course or series of courses are relevant to the limited blasting conditions listed under paragraph (A)(4) of this rule;

(2) Worked on a blasting crew for at least two years in mining, excavation, or an equivalent working environment;

(3) Received direction and on-the-job training from a blaster certified or licensed in any state;

(4) Exhibited a pattern of conduct consistent with the acceptance of responsibility for blasting operations; and

(5) Passed a written examination covering, at a minimum, the topics set forth in paragraph (B) of this rule.

(a) A person seeking certification may take the examination after receiving the training required under paragraph (C)(1) of this rule and completing at least one of the two years of blasting crew work experience required under paragraph (C)(2) of this rule. However, upon passing the examination a person shall not be certified until he or she has completed all of the two-year blasting crew work experience requirement.

(b) A person seeking only a limited certification pursuant to paragraph (A)(4) of this rule shall pass a written examination covering only the topics in paragraph (B) of this rule that are relevant to the limited blasting conditions listed under paragraph (A)(4) of this rule.

(D) Certification and recertification.

(1) The chief, or an agency, board or institution authorized by the chief pursuant to paragraph (A)(2) of this rule, shall certify for three years those persons examined and found to be competent and to have the necessary experience to accept responsibility for surface blasting operations in mines. Each person approved for certification shall receive a certificate suitable for office display and a wallet-size identification card. The certificate and identification card shall include, at a minimum, the type of certification, the person's name, certification number and date of expiration, and the name and signature of the chief or of the official of the authorized agency, board or institution granting the certification.

(2) To be recertified without a lapse in certification, a blaster certified under this rule must have:

(a) Applied for recertification no more than ninety days prior to the expiration date of the blaster's current certificate; and

(b) Received a minimum of twenty-four hours of continuing education by attending blasting-related courses, seminars or conferences approved by the chief or an authorized representative, with at least eight hours obtained from an organization or person other than the blaster's employer or its parent company or explosives supplier. A blaster holding only a limited certification pursuant to paragraph (A)(4) of this rule is exempt from meeting the twenty-four-hour continuing education requirement of this paragraph, but must receive a minimum of eight hours of blasting-related training approved by the chief or an authorized representative of the chief.

(3) If a blaster certified under this rule fails to apply for recertification on, or before, the expiration date of his or her certificate, the blaster's certification shall expire, and the blaster shall have thirty days thereafter to apply for recertification without being subject to re-examination under paragraph (C) of this rule.

(E) Conditions of certification.

(1) The certificate or wallet-size identification card issued pursuant to paragraph (D)(1) of this rule, or a copy of the certificate notarized to be a true and exact copy, shall be carried by a blaster, or shall be on file at the mine permit area, during blasting operations.

(2) Upon request by an authorized representative of the chief or other regulatory authority having jurisdiction over the use of explosives, a blaster shall immediately exhibit his or her certificate or wallet-size identification card to the authorized representative.

(3) A blaster's certification shall not be assigned or transferred.

(4) A blaster shall not delegate his or her responsibility to any individual who is not a certified blaster.

(5) A certified blaster shall take every reasonable precaution to protect his or her certificate and wallet-size identification card from loss, theft, or unauthorized duplication. Any such occurrence shall be reported immediately to the chief.

(F) Suspension and revocation.

(1) Following written notice and opportunity for a hearing, the chief may, and upon a finding of willful conduct shall, suspend or revoke the certification of a blaster during the term of the certification, or take other necessary action for any of the following reasons:

(a) Noncompliance with any order of the chief, any order issued by a regulatory authority having jurisdiction over the use of explosives, or any order issued by a court of law, relative to the use of explosives;

(b) Violation of any provision of state or federal explosives laws or regulations, a blasting-related permit condition, or any condition of certification;

(c) Unlawful use in the work place of, or current addiction to, alcohol, narcotics, or other dangerous drugs;

(d) Providing false information or a misrepresentation on any application for certification or recertification;

(e) Falsification of blast records; or

(f) Conducting a blast where flyrock was cast beyond the permit boundary of any mine.

(2) If advance notice and opportunity for a hearing cannot be provided, an opportunity for a hearing shall be provided as soon as practical following suspension, revocation, or other adverse action.

(3) Upon notice of a suspension or revocation, the blaster shall immediately surrender the suspended or revoked certificate and wallet-size identification card and all copies thereof to the chief and may work on a blasting crew only under the direct supervision of a certified blaster.

(4) To repossess a suspended certificate the blaster must:

(a) Exhibit a pattern of conduct consistent with the acceptance of responsibility for blasting operations;

(b) Pass the written examination administered under paragraph (C) of this rule; and

(c) Meet any other requirements imposed by the chief under the terms of the suspension.

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-07 Disposal of excess spoil.

(A) The objective of this rule is to ensure mass stability and protection from erosion and minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters, using current, recognized engineering standards and practices as evaluated and approved by the chief.

(B) Design certification. The fill and appurtenant structures shall be designed using current, prudent engineering practices and shall meet the design criteria established in this rule. An engineer experienced in the design of earth and rock fills shall certify the design of the fill and appurtenant structures.

(C) Location. If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the chief, the spoil could be placed in compliance with the requirements of Chapter 1513. of the Revised Code and these rules, and shall be placed, where possible, upon, or above, a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement.

(D) Foundation.

(1) The foundation and abutments of the fill must be stable under all conditions of construction.

(2) Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, as deemed needed by the certifying engineer, shall be performed in order to determine the design requirements for foundation stability. The analyses of foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the fill and appurtenant structures. The chief may require additional foundation investigations and laboratory testing.

(3) Where the slope along the profile in the disposal area is in excess of 2.8h:1v, keyway cuts or rock toe buttresses shall be constructed to ensure stability of the fill. Where the toe of the spoil rests on a downslope in excess of 2.8h:1v, stability analyses shall be performed in accordance with paragraph (N)(3) of rule 1501:13-4-05 or paragraph (P)(3) of rule 1501:13-4-14 of the Administrative Code to determine the size of rock toe buttresses and keyway cuts.

(E) Placement of excess spoil.

(1) All vegetative and organic materials shall be removed from the disposal area prior to placement of the excess spoil. Topsoil shall be removed, segregated, and stored or redistributed in accordance with rule 1501:13-9-03 of the Administrative Code. If approved by the chief, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil.

(2) All backfilling and grading requirements shall be met by placements of spoil. Face slopes shall not exceed 2h:1v. The grade of the outslope between terrace benches shall not be steeper than 2h:1v.

(3)

(a) Excess spoil shall be:

(i) Transported and placed in a controlled manner in horizontal lifts not exceeding four feet in thickness;

(ii) Concurrently compacted as necessary to ensure mass stability and to prevent mass movement during and after construction;

(iii) Graded so that surface and subsurface drainage is compatible with natural surroundings; and

(iv) Covered with topsoil or substitute material in accordance with rule 1501:13-9-03 of the Administrative Code.

(b) The chief may approve a design which incorporates placement of excess spoil in horizontal lifts other than four feet in thickness when it is demonstrated by the operator and certified by an engineer that the design will ensure the stability of the fill and will meet all other applicable requirements.

(4) The fill shall be designed to attain a minimum long-term static safety factor of 1.5.

(5) The final configuration of the fill shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the fill if required for stability, control of erosion, to conserve soil moisture, or to facilitate the approved postmining land use.

(6) No permanent impoundments shall be allowed on the completed fill. Small depressions may be allowed by the chief if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and are not incompatible with stability of the fill.

(7) Excess spoil that is acid- or toxic-forming or combustible shall be disposed of in accordance with paragraph (J) of rule 1501:13-9-04 of the Administrative Code.

(F) Drainage control.

(1) If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability.

(2) Diversions shall comply with the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code.

(3) Underdrains shall consist of durable rock or pipe and be designed and constructed using current, prudent engineering practices. The underdrain system shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and shall be protected from piping and contamination by an adequate filter. Rock underdrains shall be constructed of durable, nonacid- and nontoxic-forming rock such as natural sand and gravel, sandstone or limestone, that does not slake in water or degrade to soil material, and that is free of coal, clay, or other nondurable material. Perforated pipe underdrains shall be corrosion-resistant and shall have characteristics consistent with the long-term life of the fill.

(G) Surface area stabilization. Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.

(H) Excess spoil may be used outside the permit area to reclaim unreclaimed mined lands adjacent to the permit area under a reclamation contract executed pursuant to section 1513.27 or 1513.37 of the Revised Code, provided that:

(1) If the unreclaimed lands are abandoned mined lands, they are eligible for reclamation under section 1513.27 or 1513.37 of the Revised Code;

(2) The excess spoil is placed in an environmentally and technically sound manner and will constitute sound engineering practices; and

(3) The excess spoil is placed where it will not destroy or degrade features of environmental value.

(I) Inspections. An engineer, or other qualified professional specialist under the direction of the engineer, shall periodically inspect the fill during construction. The engineer or specialist shall be experienced in the construction of earth and rock fills.

(1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum:

(a) Foundation preparation, including the removal of organic material and topsoil;

(b) Placement of underdrains and protective filter systems;

(c) Installation of final surface drainage systems; and

(d) The final graded and revegetated fill.

(2) Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of fill materials.

(3) The engineer shall provide a certified report to the chief promptly after each inspection certifying that the fill has been constructed and maintained as designed and in accordance with the approved plan, Chapter 1513. of the Revised Code and these rules. Each report shall include appearances of instability, structural weakness, and other hazardous conditions. The report after inspection of the final graded and revegetated fill shall certify, in addition, that the fill is expected to remain stable with the required safety factor.

(4) Photographs.

(a) The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is constructed in phases, each phase shall be certified separately.

(b) When excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, in accordance with paragraph (N) of this rule, color photographs shall be taken of the underdrain as the underdrain system is being formed.

(c) The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to identify the site specifically and clearly.

(5) A copy of each inspection report shall be retained at or near the mine site.

(J) Coal mine waste. Coal mine waste may be disposed of in excess spoil fills if approved by the chief and if such waste is:

(1) Placed in accordance with rule 1501:13-9-09 of the Administrative Code;

(2) Nontoxic- and nonacid-forming; and

(3) Of the proper characteristics to be consistent with the design stability of the fill.

(K) Underground disposal. Excess spoil may be disposed of in underground mine workings, but only in accordance with a plan approved by the chief and MSHA under paragraphs (N) and (O) of rule 1501:13-4-14 of the Administrative Code.

(L) Valley fills and head-of-hollow fills. Valley fills and head-of-hollow fills shall meet the requirements of paragraphs (A) to (J) of this rule and the additional requirements of paragraph (L) of this rule.

(1) Drainage control.

(a) The top surface of the completed fill shall be graded so that the final slope after settlement will be toward properly designed drainage channels. Uncontrolled surface drainage may not be directed over the outslope of the fill.

(b) Runoff from areas above the fill and runoff from the surface of the fill shall be diverted into stabilized diversion channels designed to meet the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code and, in addition, to pass safely the runoff from a one-hundred-year, six-hour precipitation event.

(2) Rock-core chimney drains. A rock-core chimney drain may be used in a head-of-hollow fill, instead of the underdrain and surface diversion system normally required, as long as the fill is not located in an area containing intermittent or perennial streams. A rock-core chimney drain may be used in a valley fill if the fill does not exceed two hundred fifty thousand cubic yards of material and upstream drainage is diverted around the fill. The alternative rock-core chimney drain system shall be incorporated into the design and construction of the fill as follows:

(a) The fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of durable rock at least sixteen feet thick, which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. The underdrain system and rock core shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of paragraph (F)(3) of this rule.

(b) A filter system to ensure the proper long-term functioning of the rock core shall be designed and constructed using current, prudent engineering practices.

(c) Grading may drain surface water away from the outslope of the fill and toward the rock core. In no case, however, may intermittent or perennial streams be diverted into the rock core. The maximum slope of the top of the fill shall be 33h:1v. A drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential capacity for impounding more than ten thousand cubic feet of water. Terraces on the fill shall be graded with a one per cent slope toward the rock core.

(M) Durable rock fills. The chief may approve an alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met:

(1) Except as provided in paragraph (M) of this rule, the requirements of paragraphs (A) to (J) of this rule are met;

(2) The excess spoil consists of at least eighty per cent, by volume, durable, nonacid- and nontoxic-forming rock such as natural sand and gravel, sandstone or limestone, that does not slake in water or degrade to soil material, and that is free of coal, clay, or other nondurable material. Where used, noncemented clay shale, clay spoil, soil or other nondurable excess spoil materials shall be mixed with excess durable rock spoil in a controlled manner so that no more than twenty per cent of the fill volume, as determined by tests performed by an engineer and approved by the chief, is not durable rock;

(3) An engineer certifies that the design will ensure the stability of the fill and meet all other applicable requirements;

(4) The fill is designed to attain a minimum long-term static safety factor of 1.5 and an earthquake safety factor of 1.1;

(5) The underdrain system may be constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, provided the resulting underdrain system is capable of carrying anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and the other requirements for drainage control are met; and

(6) Surface water runoff from areas adjacent to and above the fill is not allowed to flow onto the fill and is diverted into stabilized diversion channels designed to meet the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code and to safely pass the runoff from a one-hundred-year, six-hour precipitation event.

(N) Preexisting benches. The chief may approve the disposal of excess spoil through placement on preexisting benches, provided that the following conditions are met:

(1) Except as provided in paragraph (N) of this rule, the requirements of paragraphs (A), (B), and (E) to (J) of this rule are met;

(2) Excess spoil shall be placed only on the solid portion of the preexisting bench;

(3) The fill shall be designed, using current, prudent engineering practices, to attain a long-term static safety factor of 1.3 for all portions of the fill;

(4) The preexisting bench shall be backfilled and graded to:

(a) Achieve the most moderate slope possible which does not exceed the angle of repose; and

(b) Eliminate the highwall to the maximum extent technically practical; and

(5) Disposal of excess spoil from an upper actively mined bench to a lower preexisting bench by means of gravity transport may be approved by the chief provided that:

(a) The gravity transport courses are determined on a site-specific basis by the operator as part of the permit application and approved by the chief to minimize hazards to health and safety and to ensure that damage will be minimized between benches, outside the set course, and downslope of the lower bench should excess spoil accidentally move;

(b) All gravity-transported excess spoil, including that excess spoil immediately below the gravity transport courses and any preexisting spoil that is disturbed, is rehandled and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and to prevent mass movement, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and to ensure a minimum long-term static safety factor of 1.3. Excess spoil on the bench prior to the current mining operation that is not disturbed need not be rehandled except where necessary to ensure stability of the fill;

(c) A safety berm is constructed on the solid portion of the lower bench prior to gravity transport of the excess spoil. Where there is insufficient material on the lower bench to construct a safety berm, only that amount of excess spoil necessary for the construction of the berm may be gravity-transported to the lower bench prior to construction of the berm; and

(d) Excess spoil shall not be allowed on the downslope below the upper bench except on designated gravity transport courses which have been properly prepared according to rules 1501:13-9-03 and 1501:13-9-14 of the Administrative Code. Upon completion of the fill, no excess spoil shall be allowed to remain on the designated gravity transport course between the two benches and each transport course shall be reclaimed in accordance with the requirements of these rules.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-09

(A) Coal mine waste. General requirements.

(1) General. All coal mine waste shall be placed in new or existing disposal areas within a permit area, which are approved by the chief for this purpose. Coal mine waste shall be placed in a controlled manner to:

(a) Minimize adverse effects of leachate and surface-water runoff on surface and ground water quality and quantity;

(b) Ensure mass stability and prevent mass movement during and after construction;

(c) Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use;

(d) Not create a public hazard; and

(e) Prevent combustion.

(2) Coal mine waste material from operations located outside a permit area may be disposed of in the permit area only if approved by the chief. Approval shall be based upon a showing that such disposal will be in accordance with the standards of this rule.

(3) Design certification.

(a) The disposal facility shall be designed using current, prudent engineering practices and shall meet any design criteria established by the chief. An engineer experienced in the design of similar earth and waste structures shall certify the design of the disposal facility.

(b) The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5, except that a long-term static safety factor of 1.3 shall be achieved when coal mine wastes are disposed of in the mined-out area under paragraph (J)(3) of rule 1501:13-9-14 of the Administrative Code. The foundation and abutments must be stable under all conditions of construction.

(4) Foundation. Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of the foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the disposal facility.

(5) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the chief shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the chief shall be notified immediately. The chief shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(6) Disposal in excess spoil fills. Coal mine waste may be disposed of in excess spoil fills in accordance with paragraph (J) of rule 1501:13-9-07 of the Administrative Code.

(7) Underground disposal. Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the chief and MSHA under paragraph (N) of rule 1501:13-4-14 of the Administrative Code.

(B) Refuse piles. Refuse piles shall meet the requirements of paragraph (A) of this rule, the additional requirements of paragraph (B) of this rule, and the requirements of 30 C.F.R. 77.214 and 77.215.

(1) Drainage control.

(a) If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability.

(b) Uncontrolled surface drainage may not be diverted over the outslope of the refuse piles. Runoff from the areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of paragraph (F) of rule 1501:13-9-04 of the Administrative Code to pass safely the runoff from a one-hundred-year, six-hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile.

(c) Underdrains shall comply with the requirements of paragraph (F) of rule 1501:13-9-07 of the Administrative Code.

(2) Surface area stabilization. Slope protection shall be provided to minimize surface erosion. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.

(3) Placement.

(a) All vegetative and organic materials shall be removed from the disposal area prior to placement of coal mine waste. Topsoil shall be removed, segregated and stored or redistributed in accordance with rule 1501:13-9-03 of the Administrative Code. If approved by the chief, organic materials may be used as mulch, or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.

(b) The final configuration of the refuse pile shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the refuse pile if required for stability, control of erosion, conservation of soil moisture, or facilitation of the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v.

(c) No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be allowed by the chief if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile.

(d) Following final grading of the refuse pile, the coal mine waste shall be covered with a minimum of four feet of the best available nontoxic and noncombustible material, in a manner that does not impede drainage from the underdrains. The chief may allow less than four feet of cover material based on physical and chemical analyses which show that the requirements of rule 1501:13-9-15 of the Administrative Code will be met.

(4) Inspections. An engineer, or other qualified professional specialist under the direction of the engineer, shall inspect the refuse pile during construction. The engineer or specialist shall be experienced in the construction of similar earth and waste structures.

(a) Inspections by the engineer or specialist shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum:

(i) Foundation preparation including the removal of all organic material and topsoil;

(ii) Placement of underdrains and protective filter systems;

(iii) Installation of final surface drainage systems; and

(iv) The final graded and revegetated disposal area.

(b) Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or to the environment. Inspection shall continue until the refuse pile has been finally graded and revegetated or until a later time as required by the chief.

(c) The engineer shall provide a certified report to the chief promptly after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and these rules. The report shall include appearances of instability, structural weakness, and other hazardous conditions. A copy of each inspection report shall be retained at or near the minesite.

(d) The certified report required under paragraph (B)(4)(c) of this rule shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is constructed in phases, each phase shall be certified separately. The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to identify the site specifically and clearly.

(C) Impounding structures. New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of paragraph (A) of this rule and the additional requirements of paragraph (C) of this rule.

(1) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the chief that the stability of such a structure comforms to the requirements of this rule and the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the chief in accordance with paragraph (H) of rule 1501:13-4-05 or paragraph (H) of rule 1501:13-4-14 of the Administrative Code.

(2)

(a) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with the requirements for temporary impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. Such structures may not permanently retain the ability to impound as part of the approved postmining land use.

(b) If an impounding structure constructed of coal mine waste or intended to impound coal mine waste meets the criteria of 30 C.F.R. 77.216(a), the combination of principal and emergency spillways shall be able to pass safely the probable maximum precipitation of a six-hour precipitation event, or greater event as specified by the chief.

(3) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.

(4) Drainage control. Runoff from areas above the disposal facility or runoff from surface of the facility that may cause instability or erosion on the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of paragraph (F) of rule 1501:13-9-04 of the Administrative Code and designed to pass safely the runoff from a one-hundred-year, six-hour design precipitation event.

(5) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least ninety per cent of the water stored during the design precipitation event can be removed within a ten-day period. Within ten days following the occurrence of the design precipitation event, ninety per cent of the water shall be removed.

(D) Burning and burned waste utilization.

(1) Coal mine waste fires shall be extinguished by the person who conducts the coal mining operations, in accordance with a plan approved by the chief and MSHA. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the permittee, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.

(2) No burning or burned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the chief. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.

(E) Disposal of noncoal mine wastes.

(1) Noncoal mine wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustible materials generated during coal mining operations shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, that fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.

(2) Final disposal of noncoal mine wastes, as described in paragraph (E)(1) of this rule, shall be in a designated disposal site in the permit area or a state-approved solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and wind-borne waste. When the disposal is completed, a minimum of two feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with rule 1501:13-9-15 of the Administrative Code. Operation of the disposal site shall be conducted in accordance with all local, state, and federal requirements.

(3) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall an excavation for a noncoal mine waste disposal site be located within eight feet of any coal outcrop or coal storage area.

(4) Notwithstanding any other provision in these rules, any noncoal mine waste defined as "hazardous" under section 3001 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended) and 40 CFR part 261 shall be handled in accordance with the requirements of Subtitle C of RCRA (42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq. as amended) and 40 CFR parts 260 to 270.

(F) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-08 Protection of underground mining.

(A) General requirements for surface mining operations. No surface mining operations shall be conducted closer than five hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that:

(1) The nature, timing, and sequence of the operations that propose to mine closer than five hundred feet to an active underground mine are jointly approved by the chief and MSHA; and

(2) The operations result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.

(B) General requirements for underground mining operations. No underground mining operations shall be conducted closer than two hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that:

(1) The nature, timing, and sequence of the operations that propose to mine closer than two hundred feet to an active underground mine are jointly approved by the chief and MSHA; and

(2) The operations result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.

(C) General requirements for coal exploration drilling. No coal exploration drilling shall be conducted closer than two hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that the nature, timing, and sequence of coal exploration drilling closer than two hundred feet to an active underground mine are jointly approved by the chief and MSHA.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-11 Protection of fish, wildlife, and related environmental values.

(A) Any person conducting coal mining operations shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of such resources where practicable.

(B)

(1) No coal mining operation shall be conducted which:

(a) Is likely to jeopardize the continued existence of endangered or threatened species listed by the United States secretary of the interior;

(b) Is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.); or

(c) Will result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs.

(2) A person who conducts coal mining operations shall promptly report to the chief the presence in the permit area of any critical habitat of a threatened or endangered species listed by the United States secretary of the interior, any plant or animal listed by the state as threatened or endangered, or any bald or golden eagle nest, of which that person becomes aware and which was not previously reported to the chief by that person. Upon notification the chief shall consult with appropriate state and federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed.

(3) Nothing in these rules shall authorize the taking of an endangered or threatened species or a bald or golden eagle, its nest, or any of its eggs in violation of the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq., or the Bald and Golden Eagle Protection Act, as amended, 16 U.S.C. 668 et seq.

(C) Each person who conducts coal mining operations shall:

(1) Avoid disturbances to, enhance where practicable, restore, or replace, wetlands, and riparian vegetation along rivers and streams and bordering ponds and lakes;

(2) Avoid disturbances to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife;

(3) Afford protection to aquatic communities by avoiding stream channels as required by paragraph (E) of rule 1501:13-9-04 of the Administrative Code or restoring stream channels as required in paragraph (F) of rule 1501:13-9-04 of the Administrative Code;

(4) To the extent possible prevent, control, and suppress range, forest, and coal fires which are not approved by the chief as part of a management plan;

(5) If fish and wildlife habitat is to be a postmining land use, the operator shall in addition to the requirements of rule 1501:13-9-17 of the Administrative Code:

(a) Select plant species to be used on reclaimed areas, based on the following criteria:

(i) Their proven nutritional value for fish and wildlife;

(ii) Their uses as cover for fish and wildlife; and

(iii) Their ability to support and enhance fish and wildlife habitat after release of performance security; and

(b) Distribute plant groupings to maximize benefit to fish and wildlife. Plants should be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits for fish and wildlife;

(6) Where cropland, grazingland, or pastureland is to be the postmining land use, and where appropriate for wildlife and crop management practices, intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals. Wetlands shall be preserved or created rather than drained or otherwise permanently abolished. When practical and consistent with these rules, ponds shall be designed and built as permanent ponds in order to enhance fish and wildlife habitat;

(7) Where undeveloped land use or fish and wildlife habitat is to be the postmining land use, and as appropriate for wildlife and other management practices, preserve or create rather than drain or permanently abolish wetlands. When practical and consistent with these rules, ponds shall be designed and built as permanent ponds in order to enhance fish and wildlife habitat; and

(8) Where the primary land use is to be residential, public service, or industrial land use, intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs and trees useful as food and cover for birds and small animals, unless such greenbelts are inconsistent with the approved postmining land use.

(D) Each operator shall, to the extent possible using the best technology currently available:

(1) Ensure that electric powerlines and other transmission facilities used for, and incidental to, mining operations on the permit area are designed and constructed to minimize electrocution hazards to raptors unless the chief determines such requirements are unnecessary;

(2) Locate and operate haul and access roads so as to minimize impacts to important fish and wildlife species or other species protected by state or federal law; and

(3) Fence, cover or use other appropriate methods to exclude wildlife from ponds that contain hazardous concentrations of toxic-forming materials.

(E) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-12 Slides and other damage.

(A) An undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as may be determined by the chief as is needed to assure stability. The barrier shall be retained as a barrier to slides and erosion. Where the chief determines that this natural barrier will cause environmental problems, he shall require alternative measures to be taken.

(B) If at any time a slide occurs which may have a potential adverse effect on public property, health, safety, or the environment, the person who conducts the coal mining operation shall notify the chief by the fastest available means and comply with any remedial measures required by the chief.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-13 Contemporaneous reclamation.

(A) Timing. Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement, revegetation, and any other work necessary to fulfill the approved mining and reclamation plan, to secure each phase of performance security release in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code, and to reduce potential reclamation cost liability on all land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining operations, and in accordance with the following:

(1) Contour mining. Backfilling and rough grading shall be completed within sixty days or one thousand five hundred linear feet following coal removal, whichever occurs first;

(2) Area mining. Backfilling and rough grading shall be completed within one hundred eighty days following coal removal and shall not be more than four spoil ridges behind the pit being worked, the spoil from the active pit constituting the first ridge;

(3) Other mining method or combination of methods. The chief may approve an alternate schedule for backfilling and rough grading if the permittee or operator demonstrates that an alternate schedule from that required for contour or area mining is necessary due to the mining method utilized, provided that backfilling and rough grading shall be completed not more than one hundred eighty days following coal removal or the minimum distance necessary to continue the coal mining operation following coal removal;

(4) Auger/highwall mining. Auger/highwall mining shall occur as contemporaneously as practicable and within one hundred eighty days after creation of the highwall to be augered/mined unless an alternative schedule is approved by the chief;

(5) Final grading and replacement of topsoil. Final grading and replacement of topsoil or approved resoiling materials shall occur in accordance with rule 1501:13-9-03 of the Administrative Code;

(6) Seeding and planting. Mulching, seeding, planting, and application of nutrients and soil amendments, as required by these rules and the approved reclamation plan, shall follow resoiling as soon as practicable to minimize erosion of the resoiled area. Seeding and planting shall take place not later than the next appropriate planting and growing season following the completion of backfilling, grading, resoiling, and other reclamation work;

(7) Tree planting. The normal expected time for tree planting is March through April. If the approved reclamation plan specifies use of the forestry reclamation approach, end-dumped soil placed after April shall not be planted with trees until the following spring. Mulching and seeding may occur when the trees are planted or in the fall to help minimize herbaceous competition;

(8) The chief may grant additional time for backfilling and rough grading:

(a) If the chief finds that the permittee or operator cannot comply with the time limits of paragraph (A) of this rule because of a labor dispute;

(b) For periods of not more than one year if the permittee or operator needs more time than otherwise allowed under this rule, for the purpose of removing limestone, clay, or shale which was uncovered by surface mining operations, if the permittee or operator is in a business which substantially utilizes limestone, clay, or shale, and if the chief determines that the permittee or operator has a bona fide need for the extension of time in order to carry out limestone, clay, or shale removal. Removal of limestone, clay, and shale shall be performed under rules adopted by the chief for the purpose of ensuring compliance with the requirements and objectives of Chapter 1513. of the Revised Code. An extension of time made under this rule shall not delay reclamation on any part of the area of land affected for which the extension is not necessary in order to carry out the limestone, clay, or shale removal; or

(c) If the permittee or operator can demonstrate, through a detailed written analysis of the backfilling, soil stabilization and grading information provided under paragraph (D)(2)(b) of rule 1501:13-4-05 of the Administrative Code as part of the approved reclamation plan, that additional time is necessary. The analysis shall include a map or other description of the area for which additional time is needed;

(9) A request for additional time for backfilling and rough grading that is not addressed in the approved permit shall be filed with the chief as a revision to the permit in accordance with rule 1501:13-4-06 of the Administrative Code. The revision request shall include sufficient justification for the additional time and a time schedule that describes the length of the anticipated delay in backfilling and grading;

(a) Reasons for additional time may include, but are not limited to, auger mining, highwall mining, waste disposal, coal processing, permitting of an adjacent area, mining of a lower coal seam, or mining other minerals;

(b) If the activity that justified the additional time does not take place as stated in the revision to the permit, the permittee shall begin reclamation immediately and continue until completion; and

(10) For purposes of this rule, areas that are backfilled and rough graded shall closely resemble the final ground surface configuration approved in the mining and reclamation plan, but are not necessarily ready for resoiling or eligible for phase I performance security release.

(B) As provided in paragraph (G) of rule 1501:13-4-12 of the Administrative Code, the chief may grant a variance to the requirements of this rule where the applicant proposes to combine surface coal mining and underground coal mining operations.

(C) For underground mining, reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement and revegetation of all areas affected by surface operations, shall occur as contemporaneously as practicable with mining operations.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-05

This rule applies to a permittee that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code.

(A) Procedures for seeking release of performance security.

(1) Request for approval of reclamation. After all reclamation, restoration, and abatement work in a reclamation phase, as defined in paragraph (B)(1) of this rule, is completed on the entire permit area or on an incremental area, the permittee, or any person authorized to act on his or her behalf, shall file a request with the chief for approval of that reclamation. A request for approval of a reclamation phase shall include a request for release of performance security. A request for approval of reclamation may be filed only at times or during seasons that allow the chief to evaluate properly the reclamation reported to be completed.

(2) Contents of request for approval of reclamation.

(a) Every request for approval of reclamation for a particular reclamation phase shall include:

(i) The location and the number of acres of land subject to the request;

(ii) The permit number;

(iii) The amount of performance security for the area subject to the request and the phase of reclamation sought to be released; and

(iv) A notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of Chapter 1513. of the Revised Code, the rules adopted thereunder and the approved reclamation plan.

(b) The request for approval of reclamation phase II or any attachments to the request shall also include:

(i) The results of tests on the soil of the area requested for release for such vegetation-sustaining factors as potassium, phosphorus, and lime, and a lime recommendation;

(ii) The planting report required under rule 1501:13-9-15 of the Administrative Code;

(iii) The number of acres of the area requested for release that are reclaimed as prime farmland; and

(iv) Yield data for those acres reclaimed as prime farmland, if appropriate.

(c) The request for approval of reclamation phase III or any attachments to the request shall also state:

(i) The number of acres of the area requested for release that are reclaimed as prime farmland;

(ii) Yield data for those acres reclaimed as cropland, prime farmland, pasture or grazing land, if appropriate; and

(iii) The number of acres of the area requested for release that are reclaimed as lands eligible for remining.

(d) With every request for approval of reclamation for a particular reclamation phase, the permittee shall submit copies of the letters the permittee has sent to adjoining property owners, local government bodies, planning agencies, and sewage and water treatment authorities or water companies in the locality in which the coal mining and reclamation activities took place, notifying them of the permittee's intention to seek release of performance security.

(3) At the time that a request for release of performance security is filed with the chief, the permittee shall publish an advertisement, described in division (F)(1) of section 1513.16 of the Revised Code, at least once a week for four successive weeks in a newspaper of general circulation in the locality of the coal mining operation. In addition to the requirements specified in division (F)(1) of section 1513.16 of the Revised Code, the advertisement shall contain the permittee's name and shall state that written comments, objections, and requests for a performance security release conference may be submitted to the chief pursuant to rule 1501:13-7-08 of the Administrative Code. The advertisement shall also provide the address to which, and closing date by which, written comments, objections and requests for performance security release conferences must be sent. Within thirty days after filing a request for release with the chief, the permittee shall submit a copy of this advertisement to the chief.

(4) After the publication required by paragraph (A)(3) of this rule and prior to the release of performance security, the permittee shall submit to the chief a notarized proof of publication from the newspaper that published the advertisement.

(5) Inspection by the chief.

(a) Within thirty days after the permittee has complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, the chief shall conduct an inspection and evaluation of the reclamation work involved. The surface owner, or agent or lessee of the surface owner, shall be given notice of such inspection and may participate with the chief or his or her authorized representative in making the performance security release inspection.

(b) The chief shall consider during inspection and evaluation of the reclamation:

(i) Whether the permittee has met the requirements of Chapter 1513. of the Revised Code, these rules, any orders issued during mining and reclamation, and the specifications of the approved mining and reclamation plan;

(ii) The degree of difficulty to complete any remaining reclamation;

(iii) Whether pollution of surface and subsurface water is occurring;

(iv) The probability the pollution will continue or occur again; and

(v) The estimated cost of abating the pollution.

(6) Objections to release of performance security and request for performance security release conference.

(a) Within thirty days after the last newspaper publication of the filing of the request for release, written objections to the proposed release of performance security may be filed with the chief by the following persons:

(i) A person with a valid legal interest that might be adversely affected by release of the performance security;

(ii) The responsible officer or head of any federal, state, or local government agency that:

(a) Has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation; or

(b) Is authorized to develop and enforce environmental standards with respect to the operation.

(b) Persons who may file objections under paragraph (A)(6)(a) of this rule may also request a performance security release conference on the proposed release of performance security pursuant to rule 1501:13-7-08 of the Administrative Code.

(7) Decision of the chief; notice of review.

(a) The chief shall notify in writing the permittee and any other interested parties of his or her decision to approve or disapprove the request for release and his or her decision to release or not to release all or part of the performance security:

(i) Within sixty days after the permittee has filed a request for release and complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, if no performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule; or

(ii) Within sixty days after the performance security release conference, if a performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule.

(b) If the chief disapproves a request for release, the chief shall notify the permittee in writing, stating the reasons for disapproval, recommending corrective action necessary to secure release, and informing the permittee of his or her right to appeal this decision to the reclamation commission.

(c) Within thirty days after notification of the final decision of the chief regarding the performance security release, the permittee or any person with an interest that is or may be adversely affected may file an appeal of that decision with the reclamation commission.

(d) If the chief intends to release the performance security, the chief shall notify the municipal corporation in which the coal mining operation is located by certified mail at least thirty days before release of all or part of the performance security.

(e) The chief shall not release performance security until proceedings in review of a decision to release are terminated or, if rights to administrative and judicial review have not been exercised, until periods allowed for filing applications for review have expired.

(B) Criteria and schedule for release of performance security.

(1) Reclamation phases defined.

(a) Reclamation phase I shall be determined to be completed when, in accordance with the approved mining and reclamation plan:

(i) Backfilling and regrading have been completed; and

(ii) Drainage controls have been established.

(b) Reclamation phase II shall be determined to be completed when:

(i) Resoiling is completed and revegetation meets the standards for success for a phase II performance security release in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The lands are not contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements of division (A)(10) of section 1513.16 of the Revised Code, these rules, permit conditions, or the mining and reclamation plan;

(iii) With respect to prime farmlands, soil replacement has been carried out in accordance with the requirements of rule 1501:13-13-03 of the Administrative Code and division (A)(7) of section 1513.16 of the Revised Code, and soil productivity has returned to the levels of yield required by rule 1501:13-4-12 of the Administrative Code;

(iv) The provisions of a plan approved by the chief for the sound future management of any permanent impoundment by the permittee or landowner are implemented to the satisfaction of the chief; and

(v) Any permanent structures to be maintained as part of the postmining land use are included in the approved reclamation plan.

(c) Reclamation phase III shall be determined to be completed when:

(i) The permittee has successfully completed all coal mining and reclamation operations in accordance with the approved reclamation plan and has met the phase III revegetation success standards in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The permittee has achieved compliance with the requirements of Chapter 1513. of the Revised Code, these rules, and the permit; and

(iii) The applicable liability period under rule 1501:13-7-02 of the Administrative Code has expired.

(2) Approval of reclamation phase.

(a) The chief may approve a request and release liability under performance security according to the schedule set forth in paragraph (B)(3) of this rule only upon the chief's determination that reclamation in a particular phase is complete on an incremental area or the entire permit area.

(b) The chief may approve release of performance security for an incremental area when reclamation in a particular phase is complete on that incremental area even though such reclamation is not complete on other incremental areas within the same permit, provided that no release of performance security for any acreage within an incremental area may be approved until reclamation in the applicable phase is complete for all acres within that incremental area.

(c) A portion of an incremental area requiring extended liability because of augmentation or failure to achieve the crop yields for prime farmland required for phase II performance security release by rule 1501:13-9-15 of the Administrative Code may, upon approval by the chief, be separated from the rest of the incremental area and have performance security provided separately. Before determining that extended liability should apply to only a portion of the incremental area, the chief shall determine such portion:

(i) Is not significant in extent in relation to the entire area under the performance security; and

(ii) Is limited to isolated, distinguishable, and contiguous portions of the area for which performance security has been provided and does not comprise scattered or intermittent occurrences throughout the area for which performance security has been provided.

(d) If an area is separated under paragraph (B)(2)(c) of this rule, that portion shall have performance security provided separately and the applicable period of liability, in accordance with rule 1501:13-7-02 of the Administrative Code, shall commence anew. The period of liability for the remaining area shall continue in effect without extension. The amount of performance security on the original incremental area may be adjusted in accordance with rule 1501:13-7-02 of the Administrative Code.

(e) The chief may approve a request for release of performance security for reclamation phase II on areas from which temporary sedimentation ponds have not yet been removed, provided all requirements for a phase II performance security release are met.

(f) A portion of an incremental area requiring a reduced period of liability because of its classification as a remining area shall be separated from the rest of the incremental area and shall be eligible for phase III performance security release pursuant to paragraph (O) of rule 1501:13-9-15 of the Administrative Code.

(3) Schedule for release.

(a) When reclamation phase I is approved by the chief for an incremental area or the entire permit area, the chief shall release performance security liability in the amount of fifty per cent of the performance security for the incremental area or the entire permit area on which the reclamation phase I is complete.

(b) When reclamation phase II is approved by the chief for an incremental area or the entire permit area, the chief shall release performance security liability in an amount not exceeding thirty-five per cent of the original performance security for the incremental area or the entire permit area on which the reclamation phase II is complete.

(c) When reclamation phase III is approved by the chief for an incremental area or the entire permit area, the chief shall release the remaining performance security liability for the incremental area or entire permit area.

(4) Order of release. With the exception of certificates of deposit, trust funds, and cash, which shall be released in any manner and order as determined by the chief, other forms of performance security shall be released under paragraph (B)(3) of this rule in the order in which they were filed, and according to the following order by form of performance security:

(a) The surety bond filed earliest in the permit term, followed by surety bond filed later in the permit term;

(b) The letter of credit filed earliest in the permit term, followed by letters of credit filed later in the permit term; and

(c) Any remaining collateral bond, in the order in which it was filed.

Last updated February 27, 2023 at 9:48 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-05.1

This rule applies to a permittee that provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code.

(A) Procedures for seeking approval of a reclamation phase and release of performance security.

(1) Request for approval of reclamation.

(a) After all reclamation, restoration, and abatement work in a reclamation phase, as defined in paragraph (B)(1) of this rule, is completed on the entire permit area or on an entire incremental mining unit, the permittee, or any person authorized to act on his or her behalf, shall file a request with the chief for approval of that reclamation. A request for approval of a reclamation phase for the entire permit area or for an entire incremental mining unit shall include a request for release of performance security.

(b) After all reclamation, restoration, and abatement work in reclamation phase I or reclamation phase II, as defined by paragraph (B)(1) of this rule, is completed on a designated area within a permit area or incremental mining unit, the permittee may file a request for approval of reclamation phase I or reclamation phase II for that designated area. A request for approval under this paragraph shall not include a request for release of performance security.

(c) A request for approval of reclamation may be filed only at times or during seasons that allow the chief to evaluate properly the reclamation reported to be completed.

(2) Contents of request for approval of reclamation.

(a) Every request for approval of reclamation for a particular reclamation phase shall include:

(i) The location and the number of acres of land subject to the request;

(ii) The permit number;

(iii) A notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of Chapter 1513. of the Revised Code, the rules adopted thereunder and the approved reclamation plan; and

(iv) If the request for approval of reclamation includes a request for release of performance security, the amount of performance security for the area subject to the request and the phase of reclamation sought to be released.

(b) The request for approval of reclamation phase II or any attachments to the request shall also include:

(i) The results of tests on the soil of the area requested for approval for such vegetation-sustaining factors as potassium, phosphorus, and lime, and a lime recommendation;

(ii) The planting report required under rule 1501:13-9-15 of the Administrative Code;

(iii) The number of acres of the area requested for approval that are reclaimed as prime farmland; and

(iv) Yield data for those acres reclaimed as prime farmland, if appropriate.

(c) The request for approval of reclamation phase III or any attachments to the request shall also state:

(i) The number of acres of the area requested for approval and release that are reclaimed as prime farmland;

(ii) Yield data for those acres reclaimed as cropland, prime farmland, pasture or grazing land, if appropriate; and

(iii) The number of acres of the area requested for release that are reclaimed as lands eligible for remining.

(d) With every request for approval of reclamation for a particular reclamation phase, the permittee shall submit copies of the letters the permittee has sent to adjoining property owners, local government bodies, planning agencies, and sewage and water treatment authorities or water companies in the locality in which the coal mining and reclamation activities took place, notifying them of the permittee's request for reclamation phase approval and, when included, the permittee's request for release of performance security.

(3) At the time that a request for approval of a reclamation phase or a request for release of performance security is filed with the chief, the permittee shall publish an advertisement, described in division (F)(1) of section 1513.16 of the Revised Code, at least once a week for four successive weeks in a newspaper of general circulation in the locality of the coal mining operation. In addition to the requirements specified in division (F)(1) of section 1513.16 of the Revised Code, the advertisement shall contain the permittee's name and shall state that written comments, objections, and requests for a reclamation phase approval conference or a performance security release conference may be submitted to the chief pursuant to rule 1501:13-7-08 of the Administrative Code. The advertisement shall also provide the address to which, and closing date by which, written comments, objections and requests for a reclamation phase approval conference or a performance security release conference must be sent. Within thirty days after filing a request for approval of a reclamation phase or a request for approval of a release with the chief, the permittee shall submit a copy of this advertisement to the chief.

(4) After the publication required by paragraph (A)(3) of this rule and prior to the approval of the reclamation phase or the release of performance security, the permittee shall submit to the chief a notarized proof of publication from the newspaper that published the advertisement.

(5) Inspection by the chief.

(a) Within thirty days after the permittee has complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, the chief shall conduct an inspection and evaluation of the reclamation work involved. The surface owner, or agent or lessee of the surface owner, shall be given notice of such inspection and may participate with the chief or his or her authorized representative in making the reclamation phase approval inspection.

(b) The chief shall consider during inspection and evaluation of the reclamation:

(i) Whether the permittee has met the requirements of Chapter 1513. of the Revised Code, these rules, any orders issued during mining and reclamation, and the specifications of the approved mining and reclamation plan;

(ii) The degree of difficulty to complete any remaining reclamation;

(iii) Whether pollution of surface and subsurface water is occurring;

(iv) The probability the pollution will continue or occur again; and

(v) The estimated cost of abating the pollution.

(6) Objections to approval of reclamation phase or to release of performance security and request for reclamation phase approval conference or performance security release conference.

(a) Within thirty days after the last newspaper publication of the filing of the request for approval of a reclamation phase or the request for release of performance security, written objections to the proposed reclamation phase approval or proposed performance security release may be filed with the chief by the following persons:

(i) A person with a valid legal interest that might be adversely affected by approval of the reclamation phase or by release of the performance security;

(ii) The responsible officer or head of any federal, state, or local government agency that:

(a) Has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation; or

(b) Is authorized to develop and enforce environmental standards with respect to the operation.

(b) Persons who may file objections under paragraph (A)(6)(a) of this rule may also request a reclamation phase approval conference on the proposed approval or a performance security release conference on the proposed release of performance security pursuant to rule 1501:13-7-08 of the Administrative Code.

(7) Decision of the chief; notice of review.

(a) The chief shall notify in writing the permittee and any other interested parties of his or her decision to approve or disapprove a reclamation phase or a request for release and his or her decision to release or not to release all or part of the performance security:

(i) Within sixty days after the permittee has filed a request for approval of a reclamation phase or for release of performance security and complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, if no reclamation phase approval conference or performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule; or

(ii) Within sixty days after the reclamation phase approval conference or performance security release conference, if a reclamation phase approval conference or performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule.

(b) If the chief disapproves a reclamation phase or a request for release, the chief shall notify the permittee in writing, stating the reasons for disapproval, recommending corrective action necessary to secure approval or release, and informing the permittee of his or her right to appeal this decision to the reclamation commission.

(c) Within thirty days after notification of the final decision of the chief regarding the reclamation phase or the performance security release, the permittee or any person with an interest that is or may be adversely affected may file an appeal of that decision with the reclamation commission.

(d) If the chief intends to release the performance security, the chief shall notify the municipal corporation in which the coal mining operation is located by certified mail at least thirty days before release of all or part of the performance security.

(e) The chief shall not release performance security until proceedings in review of a decision to release are terminated or, if rights to administrative and judicial review have not been exercised, until periods allowed for filing applications for review have expired.

(B) Criteria and schedule for release of performance security.

(1) Reclamation phases defined.

(a) Reclamation phase I shall be determined to be completed when, in accordance with the approved mining and reclamation plan:

(i) Backfilling and regrading have been completed; and

(ii) Drainage controls have been established.

(b) Reclamation phase II shall be determined to be completed when:

(i) Resoiling is completed and revegetation meets the standards for success for a phase II performance security release in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The lands are not contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements of division (A)(10) of section 1513.16 of the Revised Code, these rules, permit conditions, or the mining and reclamation plan;

(iii) With respect to prime farmlands, soil replacement has been carried out in accordance with the requirements of rule 1501:13-13-03 of the Administrative Code and division (A)(7) of section 1513.16 of the Revised Code, and soil productivity has returned to the levels of yield required by rule 1501:13-4-12 of the Administrative Code;

(iv) The provisions of a plan approved by the chief for the sound future management of any permanent impoundment by the permittee or landowner are implemented to the satisfaction of the chief; and

(v) Any permanent structures to be maintained as part of the postmining land use are included in the approved reclamation plan.

(c) Reclamation phase III shall be determined to be completed when:

(i) The permittee has successfully completed all coal mining and reclamation operations in accordance with the approved reclamation plan and has met the phase III revegetation success standards in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The permittee has achieved compliance with the requirements of Chapter 1513. of the Revised Code, these rules, and the permit; and

(iii) The applicable liability period under rule 1501:13-7-02 of the Administrative Code has expired.

(2) Approval of request for release of performance security.

(a) The chief may approve a request for release of performance security and may release liability under performance security according to the schedule set forth in paragraph (B)(3) of this rule only upon the chief's determination that reclamation in a particular phase is complete on an incremental mining unit or the entire permit area.

(b) The chief may approve release of performance security for an incremental mining unit when reclamation in a particular phase is complete on that incremental mining unit even though such reclamation is not complete on other incremental mining units within the same permit, provided that no release of performance security for any acreage within an incremental mining unit may be approved until reclamation in the applicable phase is complete for all acres within that incremental mining unit.

(c) A portion of an incremental mining unit requiring extended liability because of augmentation or failure to achieve the crop yields for prime farmland required for phase II performance security release by rule 1501:13-9-15 of the Administrative Code may, upon approval by the chief, be separated from the rest of the incremental mining unit and have performance security provided separately. Before determining that extended liability should apply to only a portion of the incremental mining unit, the chief shall determine such portion:

(i) Is not significant in extent in relation to the entire area under the performance security; and

(ii) Is limited to isolated, distinguishable, and contiguous portions of the area for which performance security has been provided and does not comprise scattered or intermittent occurrences throughout the area for which performance security has been provided.

(d) If an area is separated under paragraph (B)(2)(c) of this rule, that portion shall have performance security provided separately and the applicable period of liability, in accordance with rule 1501:13-7-02 of the Administrative Code, shall commence anew. The period of liability for the remaining area shall continue in effect without extension. The amount of performance security on the original incremental mining unit may be adjusted in accordance with rule 1501:13-7-02 of the Administrative Code.

(e) The chief may approve a request for release of performance security for reclamation phase II on areas from which temporary sedimentation ponds have not yet been removed, provided all requirements for a phase II performance security release are met.

(f) A portion of an incremental mining unit requiring a reduced period of liability because of its classification as a remining area shall be separated from the rest of the incremental mining unit and shall be eligible for phase III performance security release pursuant to paragraph (O) of rule 1501:13-9-15 of the Administrative Code.

(3) Schedule for release.

(a) When reclamation phase I is approved by the chief for an incremental mining unit or the entire permit area, the chief shall release performance security liability in an amount of up to fifty per cent of the performance security for the incremental mining unit or the entire permit area on which the reclamation phase I is complete.

(b) When reclamation phase II is approved by the chief for an incremental mining unit or the entire permit area, the chief shall release performance security liability in an amount of up to thirty-five per cent of the original performance security for the incremental mining unit or the entire permit area on which the reclamation phase II is complete.

(c) When reclamation phase III is approved by the chief for an incremental mining unit or the entire permit area, the chief shall release the remaining performance security liability for the incremental mining unit or entire permit area.

(4) Order of release. With the exception of certificates of deposit, trust funds, and cash, which shall be released in any manner and order as determined by the chief, other forms of performance security shall be released under paragraph (B)(3) of this rule in the order in which they were filed, and according to the following order by form of performance security:

(a) The surety bond filed earliest in the permit term, followed by surety bond filed later in the permit term;

(b) The letter of credit filed earliest in the permit term, followed by letters of credit filed later in the permit term; and

(c) Any remaining collateral bond, in the order in which it was filed.

Last updated February 27, 2023 at 9:48 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-12

(A) Scope. This rule establishes the minimum requirements for permits for certain categories of coal mining and reclamation operations. These requirements are in addition to the general permit requirements contained in Chapter 1501:13-4 of the Administrative Code. All of the provisions of Chapter 1501:13-4 of the Administrative Code apply to such operations, unless otherwise specifically provided in this rule.

(B) Experimental mining practices.

(1) "Experimental practices," as used in this rule, means the use of alternative coal mining and reclamation operation practices for experimental or research purposes. Experimental practices need not comply with specific environmental protection performance standards of these rules, if approved pursuant to paragraph (B) of this rule.

(2) No person shall engage in or maintain any experimental practice, unless that practice is first approved in a permit by the chief and the director of the office of surface mining.

(3) Each person who desires to conduct an experimental practice shall submit a permit application for the approval of the chief and the director of the office of surface mining. The permit application shall contain descriptions, maps, plans, and data which show:

(a) The nature of the experimental practice, including a description of the performance standards for which variances are requested, the duration of the experimental practice, and the special monitoring which will be conducted;

(b) How use of the experimental practice:

(i) Encourages advances in mining and reclamation technology; or

(ii) Allows a postmining land use for industrial, commercial, residential, or public use (including recreational facilities), on an experimental basis, when the results are not otherwise attainable under Chapter 1513. of the Revised Code and rules adopted thereunder;

(c) That the mining and reclamation operations proposed for using an experimental practice are not larger nor more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice;

(d) That the experimental practice:

(i) Is potentially more, or at least as, environmentally protective during and after the proposed mining and reclamation operations as those practices otherwise required under division 1501:13 of the Administrative Code; and

(ii) Will not reduce the protection afforded public health and safety below that provided by the requirements of division 1501:13 of the Administrative Code; and

(e) That the applicant will conduct special monitoring with respect to the experimental practice during and after the operations involved. The monitoring program shall:

(i) Ensure the collection, analysis and reporting of sufficient and reliable data to enable the chief and the director of the office of surface mining to make adequate comparisons with other coal mining and reclamation operations employing similar experimental practices; and

(ii) Include requirements designed to identify, as soon as possible, potential risks to the environment and public health and safety from the use of the experimental practice.

(4) Each application shall set forth the environmental protection performance standards of division 1501:13 of the Administrative Code which will be implemented in the event the objective of the experimental practice is a failure.

(5) All experimental practices for which variances are sought shall be specifically identified through newspaper advertisements by the applicant and the written notifications by the chief required in sections 1513.07 and 1513.071 of the Revised Code.

(6) No permit authorizing an experimental practice shall be issued, unless the chief first finds, in writing, upon the basis of both a complete application filed in accordance with the requirements of paragraph (B) of this rule and the concurrence of the director of the office of surface mining that:

(a) The experimental practice meets all of the requirements of paragraph (B)(3) of this rule;

(b) The experimental practice has been specifically approved, in writing, by the director of the office of surface mining based on the director's findings that all of the requirements of paragraph (B)(3) of this rule will be met;

(c) The experimental practice is based on a clearly defined set of objectives which can reasonably be expected to be achieved; and

(d) The permit contains conditions which specifically:

(i) Limit the experimental practice authorized to that granted by the chief and the director of the office of surface mining;

(ii) Impose enforceable alternative environmental protection requirements; and

(iii) Require the person to conduct the periodic monitoring, recording and reporting program set forth in the application, with such additional requirements as the chief or the director of the office of surface mining may require.

(7) Each permit which authorizes the use of an experimental practice shall be reviewed in its entirety by the chief at a frequency set forth in the approved permit but no less frequently than every two and one-half years. After review, the chief may require such reasonable revision or modification of the permit provisions necessary to ensure that the operations involved are conducted to protect fully the environment and public health and safety. Copies of the decision of the chief shall be provided to the permittee and be subject to review as provided by section 1513.13 of the Revised Code.

(C) Mountaintop removal mining.

(1) Any person who conducts or intends to conduct surface mining operations by mountaintop removal mining shall apply for a variance from approximate original contour restoration requirements in accordance with the requirements of paragraph (C) of this rule.

(2) The chief may issue a permit for mountaintop removal mining, including a variance from the requirements of rule 1501:13-9-14 of the Administrative Code regarding approximate original contour, if he or she first finds, in writing, on the basis of a complete application, that the following requirements are met:

(a) The proposed postmining land use of the lands to be affected will be an industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use and if:

(i) After consultation with the appropriate land use planning agencies, if any, the proposed land use is deemed by the chief to constitute an equal or better economic or public use of the affected land compared with the premining use;

(ii) The applicant demonstrates compliance with the requirements for acceptable alternative postmining land uses of rule 1501:13-9-17 of the Administrative Code;

(iii) The proposed use would be compatible with adjacent land uses and existing state and local land use plans and programs; and

(iv) The chief has provided, in writing, an opportunity of not more than sixty days to review and comment on such proposed use to the local government in whose jurisdiction the land is located and any state or federal agency which the chief, in his or her discretion, determines to have an interest in the proposed use;

(b) The applicant has demonstrated that, in place of restoration of the land to be affected to the approximate original contour under rule 1501:13-9-14 of the Administrative Code, the operation will be conducted in compliance with the requirements of rule 1501:13-13-04 of the Administrative Code;

(c) The requirements of rule 1501:13-13-04 of the Administrative Code are made a specific condition of the permit;

(d) All other requirements of Chapter 1513. of the Revised Code and these rules are met by the proposed operations; and

(e) The permit is clearly identified as being for mountaintop removal mining.

(3) Review of special permits.

(a) Any permits incorporating a variance issued under paragraph (C) of this rule shall be reviewed by the chief to evaluate the progress and development of the mining operations to establish that the operator is proceeding in accordance with the terms of the variance:

(i) Within the sixth month preceding the third year from the date of its issuance;

(ii) Before each permit renewal; and

(iii) Not later than the middle of each permit term.

(b) Any review required under paragraph (C)(3) of this rule need not be held if the permittee has demonstrated and the chief finds, in writing, within three months before the scheduled review, that all operations under the permit are proceeding and will continue to be conducted in accordance with the terms of the permit and requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(c) The chief may modify the terms and conditions of a permit for mountaintop removal mining at any time if he or she determines that more stringent measures are necessary to ensure that the operation involved is conducted in compliance with the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(D) Steep slope mining.

(1) Any person who conducts or intends to conduct steep slope coal mining and reclamation operations shall comply with the requirements of paragraph (D) of this rule except in any of the following situations:

(a) An operator proposes to conduct coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain or predominantly flat area, but on which an occasional steep slope is encountered as the mining operation proceeds;

(b) A person obtains a permit under the provisions of paragraph (C) of this rule; or

(c) To the extent that a person obtains a permit incorporating a variance under paragraph (E) of this rule.

(2) Any application for a permit for coal mining and reclamation operations covered by paragraph (D) of this rule shall contain sufficient information to establish that the operations will be conducted in accordance with the requirements of rule 1501:13-13-05 of the Administrative Code.

(3) No permit shall be issued for any operations covered by paragraph (D) of this rule unless the chief finds, in writing, that in addition to meeting all other requirements of this rule, the operation will be conducted in accordance with the substantive requirements of rule 1501:13-13-05 of the Administrative Code.

(E) Permits incorporating variances from approximate original contour restoration requirements. The chief may, under paragraph (E) of this rule, issue a permit for non-mountaintop removal, steep slope, mining which includes a variance from the requirements of rules 1501:13-9-14 and 1501:13-13-05 of the Administrative Code regarding approximate original contour restoration requirements.

(1) The chief may issue a permit for coal mining incorporating a variance under paragraph (E) of this rule only if he or she first finds, in writing, on the basis of a complete application, that all of the following requirements are met:

(a) The applicant has demonstrated that the purpose of the variance is to make the lands to be affected within the permit area suitable for an industrial, commercial, residential, or public postmining land use (including recreational facilities);

(b) The proposed use, after consultation with the appropriate land use planning agencies, if any, constitutes an equal or better economic or public use;

(c) The applicant has demonstrated compliance with the requirements for acceptable alternative postmining land uses of rule 1501:13-9-17 of the Administrative Code;

(d) The applicant has demonstrated that the watershed of lands within the proposed permit area and adjacent areas will be improved by the operations. The watershed will only be deemed improved if:

(i) There will be a reduction in the amount of total suspended solids or other pollutants discharged to ground or surface waters from the permit area as compared to such discharges prior to mining, so as to improve public or private uses or the ecology of such waters, or there will be reduced flood hazards within the watershed containing the permit area by reduction of peak flow discharges from precipitation events or thaws;

(ii) The total volume of flows from the proposed permit area, during every season of the year, will not vary in a way that adversely affects the ecology of any surface water or any existing or planned use of surface or ground water; and

(iii) The appropriate Ohio environmental agency approves the plan;

(e) The proposed use is designed and certified by an engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site;

(f) The highwall is to be completely backfilled with spoil material, in a manner which results in a static safety factor of at least 1.3, using standard geotechnical analysis;

(g) Only the amount of spoil necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of Chapter 1513. of the Revised Code and rules adopted thereunder is to be placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with rule 1501:13-9-07 of the Administrative Code;

(h) Federal, state and local government agencies with an interest in the proposed land use have an adequate period in which to review and comment on the proposed use;

(i) The applicant has demonstrated that the owner of the surface of the lands within the permit area has knowingly requested, in writing, as part of the application, that a variance be granted. The request shall be made separately from any surface owner consent given for the operations under paragraph (D) of rule 1501:13-4-03 of the Administrative Code and shall show an understanding that the variance could not be granted without the surface owner's request; and

(j) All other requirements of Chapter 1513. of the Revised Code and rules adopted thereunder will be met by the proposed operations.

(2) If a variance is granted under paragraph (E) of this rule:

(a) The requirements of paragraph (E) of this rule shall be made a specific condition of the permit; and

(b) The permit shall be specifically marked as containing a variance from approximate original contour.

(3) Any permits incorporating a variance issued under paragraph (E) of this rule shall be reviewed by the chief to evaluate the progress and development of the mining operations and to establish that the operator is proceeding in accordance with the terms of the variance:

(a) Within the sixth month preceding the third year from the date of its issuance;

(b) Before each permit renewal; and

(c) Not later than the middle of each permit term.

(4) If the permittee demonstrates to the chief at any of the times specified in paragraph (E)(3) of this rule that the operations involved have been and continue to be conducted in compliance with the terms and conditions of the permit, the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code, the review required at that time need not be held.

(5) The terms and conditions of a permit incorporating a variance under paragraph (E) of this rule may be modified at any time by the chief if he or she determines that more stringent measures are necessary to ensure that the operations involved are conducted in compliance with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder.

(F) Prime farmlands.

(1) Paragraph (F) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations on prime farmlands used for cropland. It does not apply to lands included in any existing coal mining operations for which a permit was issued for all or any part thereof prior to August 3, 1977, provided that:

(a) Such lands are part of a single continuous coal mining operation begun under a permit issued before August 3, 1977;

(b) The permittee had a legal right to mine the lands prior to August 3, 1977, through ownership, contract, or lease but not including an option to buy, lease, or contract; and

(c) The lands contain part of a continuous recoverable coal seam that was being mined in a single continuous mining pit or multiple pits if the lands are proven to be part of a single continuous coal mining operation begun under a permit issued prior to August 3, 1977.

(d) For purposes of paragraph (F) of this rule:

(i) A pit shall be deemed to be a single continuous mining pit even if portions of the pit are crossed by a road, pipeline, railroad, or powerline or similar crossing; and

(ii) A single continuous coal mining operation is presumed to consist only of a single continuous mining pit under a permit issued prior to August 3, 1977, but may include non-contiguous parcels if the operator can prove by clear and convincing evidence that, prior to August 3, 1977, the non-contiguous parcels were part of a single permitted operation. For the purposes of this paragraph, clear and convincing evidence includes, but is not limited to, contracts, leases, deeds, or other properly executed legal documents (not including options) that specifically treat physically separate parcels as one coal mining operation.

(2) Application contents for prime farmland. If land within the proposed permit area is identified as prime farmland under paragraph (J) of rule 1501:13-4-04 or paragraph (J) of rule 1501:13-4-13 of the Administrative Code, the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, at a minimum:

(a) A soil survey of the permit area according to the standards of the national cooperative soil survey and in accordance with the procedures set forth in the United States department of agriculture handbooks 436 ("Soil Taxonomy," second edition, 1999) and 18 ("Soil Survey Manual," fourth edition, 2017);

(i) These publications are hereby incorporated by reference. Agriculture handbooks 436 ("Soil Taxonomy") and 18 ("Soil Survey Manual") are available under technical references on the natural resources conservation service website: https://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ref/?cid=stelprdb1247805. Copies of these documents are also available from "NRCS Distribution Center" at https://nrcspad.sc.egov.usda.gov/DistributionCenter/; e-mail nrcsdistributioncenter@ia.usda.gov; or call (888) 526-3227;

(ii) The soil survey shall include a description of soil mapping units and a representative soil profile description as determined by the U.S. natural resources conservation service, including, but not limited to, soil-horizon depths, pH, and the range of soil densities for each prime farmland soil unit within the permit area. Other representative soil profile descriptions from the locality, prepared in conjunction with the national cooperative survey, may be used if their use is approved by the state conservationist, U.S. natural resources conservation service;

(b) The proposed method and type of equipment to be used for removal, storage, and replacement of the soil in accordance with rule 1501:13-13-03 of the Administrative Code;

(c) The method to be employed in avoiding excessive compaction in the replacement of soil;

(d) The location of areas to be used for the separate stockpiling of the soil and plans for soil stabilization before redistribution;

(e) Plans for seeding or cropping the final graded disturbed land and the conservation practices to be used to adequately control erosion and sedimentation and to restore an adequate soil moisture regime, during the period from completion of regrading until release of the performance security as required by Chapter 1513. of the Revised Code and these rules. Proper adjustments for seasons must be proposed so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions;

(f) Available agricultural school studies or other scientific data for areas with comparable soils, climate, and management (including water management) that demonstrate that the proposed method of reclamation will achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before mining;

(g) A demonstration that the applicant has the technological capability to restore the prime farmland to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management; and

(h) In all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as non-mined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to paragraph (F)(2)(a) of this rule.

(3) Consultation with the United States secretary of agriculture. Before any permit is issued for areas that include prime farmlands, the chief shall consult with the United States secretary of agriculture. The United States secretary of agriculture shall provide for review of and comment on the proposed method of soil reconstruction in the plan submitted under paragraph (F)(2) of this rule. If the United States secretary of agriculture considers those methods to be inadequate, he or she shall suggest revisions resulting in more complete and adequate reconstruction. The United States secretary of agriculture has assigned his or her responsibilities under this rule to the administrator of the United States natural resources conservation service. The natural resources conservation service shall carry out consultation and review through the conservationist for the state of Ohio.

(4) Issuance of permit. A permit for the mining and reclamation of prime farmland may be granted by the chief, if he or she first finds, in writing, upon the basis of a complete application, that:

(a) The approved proposed post-mining land use of these prime farmlands will be cropland;

(b) The permit incorporates as specific conditions the contents of the plan submitted under paragraph (F)(2) of this rule, after consideration of any revisions to that plan suggested by the secretary of agriculture under paragraph (F)(3) of this rule;

(c) The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management;

(d) The proposed operations will be conducted in compliance with all of the requirements of rule 1501:13-13-03 of the Administrative Code and other environmental performance and reclamation standards for mining and reclamation of prime farmland; and

(e) The aggregate total prime farmland acreage will not be decreased from that which existed prior to mining. Permanent water bodies, if any, to be constructed during mining and reclamation operations will be located within the post-reclamation non-prime farmland portions of the permit area.

If the prime farmland acreage is to be restored in a location other than the premining location, the relocation must be approved by the chief and the permittee must obtain the consent of all affected surface owners.

(G) Variances for delay in contemporaneous reclamation requirement in combined surface and underground mining operations.

(1) Scope. Any person who conducts or intends to conduct combined surface mining and underground coal mining operations, where contemporaneous reclamation as required by rule 1501:13-9-13 of the Administrative Code is not practicable and a delay is requested to allow underground mining operations to be conducted before the reclamation operation for the surface mining operations can be completed, shall meet the requirements of paragraph (G) of this rule.

(2) The chief may allow the delay in reclaiming where the delay will allow underground mining operations to be conducted to ensure both maximum practical recovery of coal resources and to avoid multiple future disturbances of surface lands or waters.

(3) Application contents for variances. Any person who desires to obtain a variance under paragraph (G) of this rule shall file with the chief complete applications for both the surface mining and underground mining operations which are to be combined. The mining and reclamation operation plans for these permits shall contain appropriate narratives, maps and plans, which:

(a) Show why the proposed underground mining operations are necessary or desirable to assure maximum practical recovery of coal;

(b) Show how the multiple future disturbances of surface lands or waters will be avoided;

(c) Identify the specific surface areas for which a variance is sought and the particular provisions of Chapter 1513. of the Revised Code and these rules from which a variance is being sought;

(d) Show how the operations will comply with rule 1501:13-9-08 of the Administrative Code;

(e) Show why the variance sought is necessary for the implementation of the proposed underground mining operations;

(f) Provide an assessment of the adverse environmental consequences and damages, if any, that will result if the reclamation of coal mining operations is delayed; and

(g) Show how off-site storage of spoil will be conducted to comply with the applicable requirements of rule 1501:13-9-07 of the Administrative Code.

(4) Issuance of permit. A permit incorporating a variance under paragraph (G) of this rule may be issued by the chief if he or she first finds, in writing, upon the basis of a complete application filed in accordance with paragraph (G) of this rule, that:

(a) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations;

(b) The proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple future disturbances of surface land or waters;

(c) The applicant has satisfactorily demonstrated that the applications for the surface mining and underground mining operations conform to the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code, and that all other permits necessary for the underground mining operations have been issued by the appropriate authority;

(d) The surface area of the surface mining operations proposed for the variance has been shown by the applicant to be necessary for implementing the proposed underground mining operations;

(e) No substantial adverse environmental damage, either off-site or on-site, will result from the delay in completion of reclamation otherwise required by division (A)(15) of section 1513.16 of the Revised Code and Chapters 1501:13-9 to 1501:13-11 of the Administrative Code;

(f) The operations will, insofar as a variance is authorized, be conducted in compliance with the requirements of Chapter 1513. of the Revised Code and rule 1501:13-9-08 of the Administrative Code;

(g) Provisions for the placement of excess spoil will comply with the requirements of division (A)(21) of section 1513.16 of the Revised Code and rule 1501:13-9-07 of the Administrative Code;

(h) Liability under the performance security required to be filed by the applicant with the chief pursuant to Chapter 1513. of the Revised Code and these rules shall be for the duration of the underground mining operations and until all requirements of Chapter 1513. of the Revised Code and rules adopted thereunder have been complied with; and

(i) The permit for the surface mining operations contains specific conditions:

(i) Delineating the particular surface areas for which a variance is authorized; and

(ii) Providing a detailed schedule for compliance with the particular requirements of this rule.

(5) Review of permits containing variances. Variances granted under permits issued under paragraph (G) of this rule shall be reviewed by the chief no later than three years from the dates of issuance of the permit and any permit renewals.

(H) Augering.

(1) Paragraph (H) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations utilizing augering operations.

(2) Any application for a permit for operations covered by paragraph (H) of this rule shall contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with the provisions of rule 1501:13-13-02 of the Administrative Code.

(3) No permit shall be issued for any operations covered by paragraph (H) of this rule unless the chief finds, in writing, that in addition to meeting all other applicable requirements of this rule, the operation will be conducted in compliance with rule 1501:13-13-02 of the Administrative Code.

(I) Coal preparation plants or support facilities not located within the permit area of a specified mine.

(1) Paragraph (I) of this rule applies to any person who operates or intends to operate a coal preparation plan or support facility outside the permit area of any mine, other than such plants or facilities which are located at the site of ultimate coal use. Any person who operates such a preparation plant or support facility shall have obtained a permit from the chief in accordance with the requirements of paragraph (I) of this rule.

(2) Any application for a permit for operations covered by paragraph (I) of this rule shall contain in the mining and reclamation plan, specific plans, including descriptions, maps and cross sections of the construction, operation, maintenance and removal of the preparation plants and support facilities. The plan shall demonstrate that those operations will be conducted in compliance with rule 1501:13-13-06 of the Administrative Code. Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in sufficient detail for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(3) No permit shall be issued for any operation covered by paragraph (I) of this rule, unless the chief finds, in writing, that, in addition to meeting all other applicable requirements of Chapter 1501:13-4 of the Administrative Code, the operations will be conducted in compliance with the requirements of rule 1501:13-13-06 of the Administrative Code.

(J) In situ processing activities.

(1) Paragraph (J) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations utilizing in situ processing activities.

(2) Any application for a permit for operations covered by paragraph (J) of this rule shall be made according to all requirements of these rules applicable to underground mining operations. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing that those operations will be conducted in compliance with the applicable requirements of rule 1501:13-13-07 of the Administrative Code, including:

(a) Delineation of proposed holes and wells and production zone for approval of the chief;

(b) Specifications of drill holes and casings proposed to be used;

(c) A plan for treatment, confinement or disposal of all acid-forming, toxic-forming or radioactive gases, solids or liquids constituting a fire, health, safety, or environmental hazard caused by the mining and recovery process; and

(d) Plans for monitoring surface and ground water and air quality, as required by the chief.

(3) No permit shall be issued for operations covered by paragraph (J) of this rule unless the chief first finds, in writing, upon the basis of a complete application made in accordance with paragraph (I)(2) of this rule, that the operation will be conducted in compliance with all requirements of Chapter 1501:13-4 of the Administrative Code relating to underground mining operations and the requirements of Chapters 1501:13-9 to 1501:13-12 and rule 1501:13-13-07 of the Administrative Code.

(K) Permits incorporating variances from approximate original contour restoration requirements for remining operations on previously mined areas. The chief may issue a permit for remining operations on previously mined lands which includes a variance from the requirements of rule 1501:13-9-14 of the Administrative Code requiring elimination of highwalls, provided requirements of paragraph (K) of this rule are met.

(1) The operator of the remining operation shall demonstrate in writing to the chief that the volume of all reasonably available spoil is insufficient to completely backfill the reaffected or enlarged highwall.

(2) If the operator makes the proper demonstration to the chief under paragraph (K)(1) of this rule and the chief issues a permit with a variance for previously mined areas, the remining operation shall be conducted in accordance with the requirements of paragraph (L)(3) of rule 1501:13-9-14 of the Administrative Code.

(L) Lands eligible for remining. Paragraph (L) of this rule applies to any person who proposes to conduct coal mining and reclamation operations on areas eligible for remining. The requirements of this paragraph shall apply until September 30, 2004, or any later date authorized by federal law. The application for a permit containing areas proposed to be remined must include the following:

(1) A description of the proposed lands eligible for remining and a demonstration, to the satisfaction of the chief, how such lands meet the eligibility requirements specified by section 1513.37 of the Revised Code.

(2) Identification, to the extent not otherwise addressed in the permit application, of any potential environmental and safety problems related to the prior mining activity at the site which could be reasonably anticipated to occur. This identification shall be based on a due diligence investigation which shall include visual observations at the site, a record review of past mining at the site, and environmental sampling tailored to current site conditions.

(3) A description, with regard to potential environmental and safety problems identified in paragraph (L)(2) of this rule, of the mitigative measures that will be taken to ensure that the applicable reclamation requirements of Chapter 1513. of the Revised Code and rules adopted thereunder can be met.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-13-05

(A) The operator conducting coal mining and reclamation operations on natural slopes that exceed twenty degrees, or on lesser slopes that require measures to protect the area from disturbance, as determined by the chief after consideration of soils, climate, the method of operation, geology, and other regional characteristics, shall meet the performance standards of this rule. The standards of this rule do not apply where mining is done on a flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominantly flat area, or where the mining is governed by rule 1501:13-13-04 of the Administrative Code:

(1) Spoil, waste materials or debris, including that from clearing and grubbing and abandoned or disabled equipment, shall not be placed or allowed to remain on the downslope;

(2) The highwall shall be completely covered with compacted spoil and the disturbed area graded to comply with the provisions of rule 1501:13-9-14 of the Administrative Code. Land above the highwall shall not be disturbed unless the chief finds that this disturbance will facilitate compliance with the environmental protection standards of these rules and the disturbance is limited to that necessary to facilitate compliance. The person who conducts the coal mining and reclamation operation must demonstrate to the chief, using standard geotechnical analysis, that the minimum static factor of safety for the stability of all portions of the reclaimed land is at least 1.3;

(3) Material in excess of that required to meet the provisions of rule 1501:13-9-14 of the Administrative Code shall be disposed of in accordance with the requirements of paragraph (B) of this rule;

(4) Woody materials may be buried in the backfilled area only when burial does not cause, or add to, instability of the backfill when approved by the chief; and

(5) Unlined or unprotected drainage channels shall not be constructed on backfills unless approved by the chief as stable and not subject to erosion.

(B) An operator conducting steep slope mining shall place all excess spoil material resulting from coal mining and reclamation operations in such a manner that it complies with rule 1501:13-9-07 of the Administrative Code.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-13-04

(A) Mountaintop removal mining operations shall be exempt from the requirements of rule 1501:13-9-14 of the Administrative Code for achieving approximate original contour, if the following requirements are met:

(1) The chief grants a variance under paragraph (C) of rule 1501:13-4-12 of the Administrative Code;

(2) An industrial, commercial, agricultural, residential, or public facility (including recreation facilities) use is proposed for the affected land;

(3) The alternative land use criteria in rule 1501:13-9-17 of the Administrative Code are met and the proposal is approved by the chief; and

(4) All other applicable requirements of these rules and the requirements of division (B) of section 1513.16 of the Revised Code will be met.

(B) Coal mining and reclamation operations conducted under this rule shall comply with the following standards:

(1) An outcrop barrier of sufficient width, consisting of the toe of the lowest coal seam and its associated overburden, shall be retained to prevent slides and erosion. The chief may permit an exemption to the requirement that the coal barrier be retained if the following conditions are satisfied:

(a) The proposed mine site was mined prior to May 3, 1978, and the toe of the lowest seam has been removed; or

(b) A coal barrier adjacent to a head-of-hollow fill may be removed after the elevation of head-of-hollow fill attains the elevation of the coal barrier if the head-of-hollow fill provides the stability otherwise ensured by the retention of a coal barrier;

(2) The final graded top plateau slopes on the mined area shall be less than 1v:5h so as to create a level plateau or gently rolling configuration and the outslopes of the plateau shall not exceed 1v:2h, except where engineering data substantiates and the chief finds that a minimum static safety factor of 1.5 will be attained;

(3) The resulting level or gently rolling contour shall be graded to drain inward from the outslope except at specific points where it drains over the outslope in protected stable channels. The chief may waive this requirement if environmental problems would be caused by such inward drainage;

(4) Natural watercourses below the area to be mined shall not be damaged;

(5) Spoil shall be placed on the mountaintop bench as is necessary to achieve the postmining land use approved under rule 1501:13-9-17 of the Administrative Code. All excess spoil material not retained on the mountaintop shall be placed in accordance with the standards of rule 1501:13-9-07 of the Administrative Code; and

(6) All waste and acid-forming or toxic-forming materials, including the strata immediately below the coal seam, shall be covered with non-toxic spoil to prevent pollution and achieve the approved postmining land use.

(C) All permits giving approval for mountaintop removal mining shall be reviewed not more than three years from the date of issuance of the permit, unless the operator affirmatively demonstrates and the chief finds that all operations are proceeding in accordance with the terms of the permit and applicable requirements of Chapter 1513. of the Revised Code.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-13-03

(A) Special requirements. Coal mining and reclamation operations conducted on prime farmland shall meet the following requirements:

(1) A permit shall be obtained for those operations under paragraph (F) of rule 1501:13-4-12 of the Administrative Code; and

(2) Soil materials to be used in the reconstruction of the prime farmland soil shall be removed before drilling, blasting, or mining, in accordance with paragraphs (B) and (C) of this rule and in a manner that prevents mixing or contaminating these materials with undesirable material. Where removal of soil materials results in erosion that may cause air and water pollution, the chief shall specify methods to control erosion of exposed overburden.

(B) Soil reconstruction specifications. The chief shall use soil reconstruction specifications established by the U.S. natural resources conservation service for prime farmland soil removal, storage, replacement, and reconstruction as guidelines in carrying out his or her responsibilities under paragraph (F) of rule 1501:13-4-12 of the Administrative Code and Chapter 1501:13-7 of the Administrative Code.

(C) Soil removal.

(1) Coal mining and reclamation operations on prime farmland shall be conducted to:

(a) Separately remove the topsoil or other suitable soil materials if such soil materials will create a final soil having a greater productive capacity than that which existed prior to mining. If not utilized immediately the material shall be stockpiled separately from other rooting medium and spoil; and

(b) Separately remove the B horizon of the soil, or a combination of B horizon and underlying C horizon, or other suitable soil material if such soil material will create a reconstructed soil of equal or greater productive capacity than that which existed before mining.

(2) The minimum depth of soil and soil material to be removed for use in reconstruction of prime farmland soils shall be sufficient to meet the soil replacement requirements of paragraph (E)(1) of this rule.

(D) Soil stockpiling. If not utilized immediately, the topsoil or other suitable soil materials specified in paragraph (C)(1)(a) of this rule and the B horizon or other suitable soil materials specified in paragraph (C)(1)(b) of this rule shall be stored separately from each other and from spoil. These stockpiles shall be placed within the permit area where they are not disturbed or exposed to excessive water or wind erosion before the stockpiled horizons can be redistributed. Stockpiles in place for more than thirty days shall meet the requirements of paragraph (E) of rule 1501:13-9-03 of the Administrative Code.

(E) Soil replacement. Coal mining and reclamation operations on prime farmland shall be conducted according to the following:

(1) The minimum depth of soil and soil material to be reconstructed for prime farmland shall be forty-eight inches, or a depth equal to the depth to a subsurface horizon in the natural soil that inhibits root penetration, whichever is shallower. The chief shall specify a depth greater than forty-eight inches wherever necessary to restore productive capacity. Soil horizons shall be considered as inhibiting root penetration if their densities, chemical properties, or water supplying capacities restrict or prevent penetration by roots of plants common to the vicinity of the permit area and have little or no beneficial effect on soil productive capacity;

(2) Soil material shall only be replaced on land which has been first returned to final grade and scarified according to paragraph (C) of rule 1501:13-9-03 of the Administrative Code, unless site-specific evidence is provided and approved by the chief showing that scarification or its equivalent will not enhance the capability of the reconstructed soil to achieve equivalent or higher levels of yield;

(3) The soil horizons or other suitable soil materials shall be replaced with proper compaction and uniform depth;

(4) The B horizon or other suitable material specified in paragraph (C)(1)(b) of this rule shall be replaced to the thickness needed to meet the requirements of paragraph (E) of this rule;

(5) The topsoil or other suitable soil materials specified in paragraph (C)(1)(a) of this rule shall be replaced as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original soil, as determined in paragraph (F)(2)(a) of rule 1501:13-4-12 of the Administrative Code, and shall be placed in a manner that protects the surface layer from wind and water erosion before it is seeded or planted; and

(6) Nutrients and soil amendments shall be applied as needed to establish vegetative growth quickly.

(F) Revegetation. Each person who conducts coal mining and reclamation operations on prime farmland shall meet the ground-cover and cropping requirements specified under rule 1501:13-9-15 of the Administrative Code.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-16 Cessation of operations.

(A) Temporary cessation.

(1) Each person who conducts coal mining operations shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a person of his or her obligation to comply with any provisions of the approved plan of mining and reclamation for the permit.

(2) Before temporary cessation of mining and reclamation operations for a period of thirty days or more, or as soon as it is known that a temporary cessation will extend beyond thirty days, a person who conducts coal mining operations shall submit to the chief a notice of intention to cease or abandon mining and reclamation operations. This notice shall include a statement of the exact number of acres which will have been affected in the permit area prior to such temporary cessation, the extent and kind of reclamation of those areas which will have been accomplished, identification of the backfilling, regrading, revegetation, environmental monitoring, and water treatment activities that will continue during the temporary cessation, and an estimate of the date that operations will resume.

(B) Permanent cessation.

(1) Persons who cease coal mining operations permanently shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with Chapter 1513. of the Revised Code, these rules and the approved plan of mining and reclamation for the permit.

(2) All underground openings, equipment, structures, or other facilities not required for monitoring, unless approved by the chief as suitable for the postmining land use or environmental monitoring, shall be removed and the affected land reclaimed.

Last updated February 27, 2023 at 9:59 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-18 Extension of time for limestone, clay and shale removal.

(A) Request for extension of the time limits of paragraph (A)(3) of rule 1501:13-9-13 of the Administrative Code for the purpose of removing limestone, clay, or shale shall be submitted in writing to the chief of the division of mineral resources management not less than sixty days prior to the time the reclamation required by paragraph (A) of rule 1501:13-9-13 of the Administrative Code must otherwise commence.

(B) Requests for extension of time filed pursuant to paragraph (A) of this rule shall be on a form prescribed by the chief and shall include the following information:

(1) The name and address of the permittee or operator;

(2) The permit number of the area on which the extension of time is requested;

(3) The date the original permit was issued and the date mining began;

(4) The number of acres permitted;

(5) The number of acres with respect to which the extension of time to begin or complete reclamation is requested, and if such request for extension does not include the entire permitted area, a map prepared in accordance with these rules and showing the acreage of the request shall be filed;

(6) A time schedule for beginning and completion reclamation, which schedule shall include the dates backfilling will begin and be completed; the dates grading will begin and be completed; the dates resoiling will begin and be completed; and the date planting will begin and be completed;

(7) Identification of coal, limestone, clay, and shale seams to be mined, including:

(a) The name or identifying number of coal seam;

(b) The average thickness of the coal seam;

(c) The name or identifying number of the shale seam;

(d) The average thickness of the shale seam;

(e) The name or identifying number of the clay seam;

(f) The average thickness of the clay seam;

(g) The name or identifying number of the limestone seam; and

(h) The average thickness of the limestone seam;

(8) Production data or other information indicating that the permittee or operator requesting such extension is in a business which substantially utilizes the limestone, clay or shale, which data or other information shall cover the three preceding years, if available, and include the tonnage produced per month; the person to whom the limestone, clay or shale is sold or by whom it is otherwise utilized; and the number of years the permittee or operator has been engaged in limestone, clay or shale production;

(9) A statement by the permittee or operator explaining in detail the facts, circumstances, conditions and reasons why the permittee or operator would not be able to begin or complete reclamation as required by paragraph (A) of rule 1501:13-9-13 of the Administrative Code; and

(10) The signature of the permittee or operator and the date of request.

Last updated February 27, 2023 at 9:59 AM

History

• Effective: February 12, 2009
• Promulgated Under: 119.03

Chapter 1501:13-10 Roads

Ohio Adm.Code 1501:13-10-01 Roads: performance standards.

(A) Road classification system.

(1) Each road shall be classified as either a primary road or a secondary road.

(2) A "primary road" is any road which is:

(a) Used for transporting coal or spoil;

(b) Frequently used for access or other purposes for a period in excess of six months; or

(c) To be retained for an approved postmining land use.

(3) A "secondary road" is any road not classified as a primary road.

(B) Performance standards. Primary and secondary roads shall be located, designed, constructed, reconstructed, used, maintained and reclaimed so as to:

(1) Control or prevent erosion, siltation and the air pollution attendant to erosion, including road dust as well as dust occurring on other exposed surfaces, by measures such as vegetating or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices;

(2) Control or prevent damage to fish, wildlife, or their habitat and related environmental values;

(3) Control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;

(4) Neither cause nor contribute to, directly or indirectly, the violation of state or federal water quality standards applicable to receiving waters;

(5) Minimize the diminution to or degradation of the quality or quantity of surface- and ground-water systems;

(6) Refrain from significantly altering the normal flow of water in streambeds or drainage channels;

(7) Prevent or control damage to public or private property; and

(8) Use nonacid- or nontoxic-forming substances in road surfacing.

(C) Design and construction limits and establishment of design criteria. To ensure environmental protection and safety appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, culvert size, and any necessary design criteria established by the chief.

(D) Location.

(1) No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the chief in accordance with paragraphs (A), (B), (E), (F), (J), (K) and (M) of rule 1501:13-9-04 of the Administrative Code.

(2) Roads shall be located to minimize downstream sedimentation and flooding.

(E) Maintenance.

(1) A road shall be maintained throughout the life of the permit to meet the performance standards of this rule and any additional criteria specified by the chief.

(2) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as practical after the damage has occurred.

(F) Reclamation. A road not to be retained for use under an approved postmining land use shall be reclaimed immediately after it is no longer needed for mining and reclamation operations, including:

(1) Closing the road to traffic;

(2) Removing all bridges and culverts;

(3) Restoring the natural drainage patterns;

(4) Reshaping all cut and fill slopes to be compatible with the postmining land use and to complement the drainage pattern of the surrounding terrain;

(5) Scarifying or ripping the road bed, replacing topsoil and revegetating disturbed surfaces in accordance with rules 1501:13-9-03 and 1501:13-9-15 of the Administrative Code; and

(6) Removing or otherwise disposing of road-surfacing materials that interfere with the postmining land use.

(G) Primary roads. In addition to paragraphs (A) to (F) of this rule, primary roads shall meet the requirements of paragraph (G) of this rule.

(1) Certification.

(a) The plans and drawings of primary roads shall be prepared by, or under the direction of, an engineer, and shall be certified by an engineer, or jointly by an engineer and a surveyor to the extent such joint certification is permitted by state law, as meeting: the requirements of Chapters 1501:13-1 to 1501:13-14 of the Administrative Code; current, prudent engineering practices; and any design criteria established by the chief.

(b) The construction or reconstruction of primary roads shall be certified in a report to the chief by an engineer or a surveyor, or jointly by an engineer and a surveyor to the extent required by state law, as having been completed as designed and in accordance with the approved plan.

(2)

(a) Location. To minimize erosion, a primary road is to be located, insofar as practical, on the most stable available surfaces.

(b) Stream fords by primary roads are prohibited unless they are specifically approved by the chief as temporary routes during periods of construction.

(3) Stability. Each primary road embankment shall have a minimum static safety factor of 1.3 or be designed in accordance with paragraph (M)(2) of rule 1501:13-4-05 or paragraph (L)(2) of rule 1501:13-4-14 of the Administrative Code.

(4) Drainage control.

(a) Each primary road shall be designed, constructed or reconstructed, and maintained to have adequate drainage control, using structures such as, but not limited to, bridges, ditches, cross drains, and ditch relief drains. The drainage control system shall be designed to pass the peak runoff safely from a ten-year, six-hour precipitation event or greater event, as specified by the chief.

(b) Drainage pipes and culverts shall be constructed to avoid plugging or collapse and erosion at inlets and outlets.

(c) Drainage ditches shall be designed to prevent uncontrolled drainage over the road surface and embankment. Trash racks and debris basins shall be installed in the drainage ditches where debris from the drainage area may impair the functions of drainage and sediment control structures.

(d) Culverts shall be designed, installed, and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road.

(e) Natural stream channels shall not be altered or relocated without the prior approval of the chief in accordance with rule 1501:13-9-04 of the Administrative Code.

(f) Except as provided in paragraph (G)(2)(b) of this rule, drainage structures for stream channel crossings shall be made using bridges, culverts or other structures designed, constructed, and maintained using current, prudent engineering practices.

(5) Surfacing. Primary roads shall be surfaced with rock, crushed gravel, asphalt, or other material approved by the chief as being sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road.

(6) Maintenance. Routine maintenance of primary roads shall include repairs to the road surface, blading, filling potholes and adding replacement gravel or asphalt. It shall also include revegtation, brush removal, and minor reconstruction of road segments as necessary.

Last updated February 27, 2023 at 10:00 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-04

(A) General. Mining shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance in both the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the requirements of mining and reclamation rules. The chief may require additional preventive, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.

(B) Water quality standards and effluent limitations.

(1) All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area until vegetation is established, at which time vegetation of the area may be the best technology currently available, provided that drainage from the area:

(a) Meets effluent limitations; and

(b) Does not contribute suspended solids to streamflow.

(2) Sedimentation ponds and other treatment facilities shall be maintained until the quality of the untreated drainage from the disturbed area meets the applicable state and federal water quality standard requirements.

(3) The chief may grant exemptions from the requirements of paragraph (B)(1) of this rule only when:

(a) The chief determines that the disturbed drainage area relative to the total disturbed area is small;

(b) Alternative sediment control measures are provided, if required by the chief; and

(c) The operator demonstrates that the drainage from the disturbed area will meet the effluent limitations of mining and reclamation rules.

(4) For the purposes of this rule only, "disturbed area" shall not include those areas in which only diversion ditches, sedimentation ponds, or roads are installed in accordance with this rule and rule 1501:13-10-01 of the Administrative Code and the upstream area is not otherwise disturbed by the person who conducts coal mining operations.

(5) Before mining commences in any watershed:

(a) A proper sediment control system including sedimentation ponds, diversions, and other treatment methods shall be constructed; and

(b) Upon completion of construction, this sediment control system shall be certified by an engineer or jointly by an engineer and a surveyor, to the extent such joint certification is required or permitted by the chief, as meeting the dimensions and design criteria set forth in the engineering plans, drawings, and design details submitted as part of the application for a permit.

(6) Point source discharge of water from areas disturbed by coal mining operations shall be made in compliance with effluent limitations of all applicable federal and state laws and regulations. All other surface drainage shall not cause additional contributions of suspended solids to streamflows.

(7) Where the sedimentation pond or series of sedimentation ponds is used so as to result in the mixing of drainage from the disturbed areas with drainage from other areas not disturbed by current surface coal mining and reclamation operations, the permittee shall achieve the effluent limitations for all of the mixed drainage when it leaves the permit area.

(C) All facilities utilized by an operator to achieve compliance with federal and state water quality laws shall be properly installed, maintained and operated so that they will perform the functions for which they were designed, and shall be removed in accordance with this rule when no longer needed, unless they have been approved as part of the postmining land use.

(D) Sediment control measures.

(1) The purpose of this rule is to meet the applicable state and federal effluent limitations by means of a combination of sediment control measures which, taken together, comprise a complete sediment control system.

(2) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:

(a) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;

(b) Meet the more stringent of applicable state or federal effluent limitation; and

(c) Minimize erosion to the extent possible.

(3) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to:

(a) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling and grading, and prompt revegetation as required in rule 1501:13-9-15 of the Administrative Code.

(b) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of rule 1501:13-9-14 of the Administrative Code;

(c) Retaining sediment within disturbed areas;

(d) Diverting runoff away from disturbed areas;

(e) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;

(f) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and

(g) Treating with chemicals.

(E) Stream buffer zones.

(1) No land within one hundred feet, measured horizontally, of a perennial or intermittent stream shall be disturbed unless the chief specifically authorizes coal mining operations closer to or through such a stream. The chief may authorize such operations only upon making a finding under both paragraphs (E)(1)(a) and (E)(1)(b) of this rule or under paragraph (E)(1)(c) of this rule:

(a) The operations will not cause or contribute to the violation of applicable state or federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(b) If there will be a temporary or permanent stream channel diversion, it will comply with paragraph (F) of this rule; or

(c) If restoration of a stream or a portion of a stream on the permit area is not possible, restoration off the permit area by means of mitigation has been approved by the chief under rule 1501:13-13-08 of the Administrative Code.

(2) The area not to be disturbed shall be described as a buffer zone, and the operator shall mark it as specified by paragraph (E) of rule 1501:13-9-01 of the Administrative Code.

(F) Diversions.

(1) General requirements.

(a) With the approval of the chief, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of paragraph (G) of this rule for siltation structure removal, may be diverted away from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the chief under paragraph (Q) of this rule.

(b) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to:

(i) Be stable;

(ii) Provide protection against flooding and resultant damage to life and property;

(iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and

(iv) Comply with all applicable local, state, and federal laws and regulations.

(c) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with these rules. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.

(d) The chief may specify design criteria for diversions to meet the requirements of this rule.

(2) Diversion of perennial and intermittent streams.

(a) Diversion of perennial and intermittent streams within the permit area may be approved by the chief after making the finding relating to stream buffer zones that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream.

(b) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a ten-year, six hour precipitation event for a temporary diversion and a one-hundred-year, six hour precipitation event for a permanent diversion.

(d) A permanent stream-channel diversion or a stream channel restored after the completion of mining shall be designed and constructed using natural channel design techniques so as to restore or approximate the premining characteristics of the original stream channel, including the natural riparian vegetation and the natural hydrological characteristics of the original stream, to promote the recovery and enhancement of the aquatic habitat and to minimize adverse alteration of stream channels on and off the site, including channel deepening or enlargement, to the extent possible.

(e) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by an engineer as meeting the performance standards of Chapter 1501:13-9 of the Administrative Code and any design criteria set by the chief.

(3) Diversion of miscellaneous flows.

(a) Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the chief. Miscellaneous flows shall include ground-water discharges and ephemeral streams.

(b) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in paragraph (F)(1) of this rule.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a two-year, six hour precipitation event for a temporary diversion and a ten-year, six hour precipitation event for a permanent diversion.

(G) Siltation structures.

(1) Definitions. For the purposes of this rule only:

(a) "Siltation structure" means a sedimentation pond, a series of sedimentation ponds, or other treatment facility;

(b) "Disturbed" area shall not include those areas:

(i) In which the only surface mining operations include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with mining and reclamation rules; and

(ii) For which the upstream area is not otherwise disturbed by the operator; and

(c) "Other treatment facility" means any chemical treatment, such as flocculation, or mechanical structure, such as a clarifier, that has a point-source discharge and that is utilized to prevent additional contribution of suspended solids to streamflow or runoff outside the permit area.

(2) General requirements.

(a) Additional contributions of suspended solids to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.

(b) All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (B)(3) or (G)(2)(e) of this rule.

(c) Siltation structures for an area shall be constructed before beginning any surface mining operations in that area and, upon construction, shall be certified by an engineer as being constructed as designed and as approved in the reclamation plan.

(d) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with paragraph (H) of this rule.

(e) Siltation structures shall be maintained until removal is authorized by the chief and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than two years after the last augmented seeding, unless, after vegetation is established, the operator demonstrates and the chief approves under paragraph (E)(1)(g) of rule 1501:13-4-05 or paragraph (E)(1)(f) of rule 1501:13-4-14 of the Administrative Code alternative methods of sediment control as the best technology currently available.

(f) When a siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and rule 1501:13-9-15 of the Administrative Code.

(3) Sedimentation ponds.

(a) When used, sedimentation ponds shall:

(i) Be used individually or in series;

(ii) Be located as near as possible to the disturbed area and out of perennial streams unless approved by the chief; and

(iii) Be designed, constructed, and maintained to:

(a) Provide adequate sediment storage volume;

(b) Provide adequate detention time to allow the effluent from the ponds to meet state and federal effluent limitations;

(c) Contain or treat the ten-year twenty-four hour precipitation event ("design event") unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and on a demonstration by the operator that the effluent limitations of this rule will be met;

(d) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraph (G)(3)(a)(iii)(b) of this rule;

(e) Minimize, to the extent possible, short circuiting;

(f) Provide periodic sediment removal sufficient to maintain adequate volume for the design event;

(g) Ensure against excessive settlement;

(h) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal-mine waste; and

(i) Be compacted properly.

(4) Other treatment facilities.

(a) Other treatment facilities shall be designed to treat the ten-year, twenty-four-hour precipitation event unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and a demonstration by the operator that the effluent limitations of this rule will be met.

(b) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph (G)(3) of this rule.

(H) Impoundments.

(1) General requirements. The requirements of paragraph (H)(1) of this rule apply to both temporary and permanent impoundments.

(a) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S. department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, (which is hereby incorporated by reference) shall comply with the design and construction requirements of paragraph (H) of this rule and either paragraphs (H)(1) and (H)(2) of rule 1501:13-4-05 or paragraphs (H)(1) and (H)(2) of rule 1501:13-4-14 of the Administrative Code. Copies of technical release TR-210-60 may be obtained from the "USDA Natural Resources Conservation Service eDirectives" webpage, https://directives.sc.egov.usda.gov/. Copies can be inspected at the division of mineral resources management headquarters office at 2045 Morse road, building H, Columbus, Ohio 43229.

(b) Design certification. The design of impoundments shall be certified in accordance with rule 1501:13-4-05 or 1501:13-4-14 of the Administrative Code as designed to meet the requirements of this rule using current, prudent, engineering practices and any design criteria established by the chief.

(c) Stability.

(i) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.

(ii) Impoundments not meeting the criteria of paragraph (H)(1)(c)(i) of this rule, except for coal mine waste impounding structures, shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions or be designed in accordance with paragraph (H)(2)(c) of rule 1501:13-4-05 or paragraph (H)(2)(c) of rule 1501:13-4-14 of the Administrative Code.

(d) Freeboard. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall comply with the freeboard hydrograph criteria in "Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria" in technical release TR-210-60.

(e) Foundation.

(i) Foundation and abutments for the impounding structure shall be designed to be stable under all conditions of construction and operation of the impoundment. For impoundments meeting the size or other criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60, sufficient foundation investigations as well as any necessary laboratory testing shall be performed in order to determine the design requirements for foundation stability.

(ii) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.

(f) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.

(g) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.

(h)

(i) An impoundment meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a one-hundred-year, six-hour precipitation event, or greater event as specified by the chief.

(ii) An impoundment not meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a twenty-five-year, six-hour precipitation event, or greater event as specified by the chief.

(iii) An impoundment meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass the design precipitation event using the auxiliary spillway hydrograph criteria in "Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria" in technical release TR-210-60, or greater event specified by the chief.

(iv) Impoundments may use a single open-channel spillway designed and constructed according to paragraph (H)(1)(h)(i), (H)(1)(h)(ii), or (H)(1)(h)(iii) of this rule if the spillway:

(a) Is of nonerodible construction and designed to carry sustained flows; or

(b) Is earth- or grass-lined and designed to carry short-term infrequent flows at nonerosive velocities where sustained flows are not expected.

(i) The vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of highwall to provide adequate safety and access for the proposed water users. For permanent impoundments, the vertical portion of the remaining highwall shall also meet the requirements of paragraph (H)(2)(d) of this rule.

(j) Inspections. An engineer or other qualified professional specialist, under the direction of the engineer, shall inspect the impoundment. The engineer or specialist shall be experienced in the construction of impoundments.

(i) Inspections shall be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance security.

(ii) The engineer shall promptly, after each inspection, provide to the chief a certified report that the impoundment has been constructed and maintained as designed in accordance with the approved plan and these rules. The report shall include discussion of any appearances of instability, structural weakness or other hazardous conditions, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation and any other aspects of the structure affecting stability.

(iii) A copy of the report shall be retained at or near the minesite.

(k) Impoundments meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 or subject to 30 C.F.R. 77.216 must be examined in accordance with 30 C.F.R. 77.216-3. Other impoundments shall be examined for appearance of structural weakness and other hazardous conditions at least quarterly by a qualified person designated by the operator.

(l) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the chief of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the chief shall be notified immediately. The chief shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(2) Permanent impoundments. A permanent impoundment of water may be created if authorized by the chief in the approved permit based upon the following demonstration:

(a) The size and configuration of such impoundment will be adequate for its intended purposes;

(b) The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet applicable state and federal water quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable state and federal water quality standards;

(c) The water level will be sufficiently stable and be capable of supporting the intended use;

(d) Final grading will provide for adequate safety and access for proposed water users. For impoundments where the vertical portion of a highwall remains, the vertical portion shall be located at least eight feet below the low-water line;

(e) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses;

(f) The impoundment will be suitable for the approved postmining land use;

(g) The reduced portion of any highwall shall have a final slope appropriate for the postmining land use and shall have a minimum static safety factor of 1.3; and

(h) The face of the reduced portion of any highwall shall be vegetated with species appropriate for the postmining land use.

(3) Temporary impoundments. The chief may authorize the construction of temporary impoundments as part of a mining operation.

(4) Sumps.

(a) Definitions. "Sump" means an excavated temporary impoundment:

(i) Used as:

(a) A secondary structure which discharges into a sedimentation pond, provided the sedimentation pond, in combination with the sump and any other sediment control measures used, achieves the applicable state and federal effluent limitations; or

(b) A primary structure to control the runoff from roads or small drainage exemption areas provided by paragraph (B)(3) of this rule; and

(ii) That has a volume which is compatible with its role within the complete sediment control system.

(b) Sumps are exempt from the requirements of paragraphs (H)(1) to (H)(3) of this rule.

(c) Sump designs shall include size and spillway information and shall address the stability of the structure with respect to public health and safety.

(d) Sumps shall be constructed and maintained to prevent, to the extent possible, additional contributions of suspended solids to runoff outside the permit area.

(e) Before a sump becomes full of sediment, the sediment shall be removed, and the original sump capacity restored.

(I) Discharge structures. Discharges from sedimentation ponds, permanent and temporary impoundments, mine waste disposal areas, and diversions shall be controlled by energy dissipators, riprap channels, and other devices where necessary to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbances to the hydrologic balance. Discharge structures shall be designed according to standard engineering design procedures.

(J) Acid-forming and toxic-forming spoil. Drainage from acid-forming and toxic-forming mine waste materials and spoils into ground and surface water shall be avoided by:

(1) Identifying, burying, and treating where necessary spoil or other materials that, in the judgment of the chief, may be detrimental to vegetation or may adversely affect water quality if not treated or buried;

(2) Preventing water from coming into contact with acid-forming and toxic-forming materials in accordance with paragraph (J) of rule 1501:13-9-14 of the Administrative Code, and other measures as required by the chief; and

(3) Burying or otherwise treating all acid-forming or toxic-forming spoil within thirty days after it is first exposed on the mine site, or within a lesser period designated by the chief. Temporary storage of the spoil may be approved by the chief upon finding that burial or treatment within thirty days is not feasible and will not result in any material risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water.

(K) Ground-water protection.

(1) Backfilled materials shall be placed so as to minimize contamination of ground-water systems with acid, toxic, or otherwise harmful mine drainage, minimize adverse effects of mining on ground-water systems outside the permit area, and to support approved postmining land uses.

(2) To control the effects of mine drainage, pits, cuts, and other mine excavations or disturbances shall be located, designed, constructed, and utilized in such manner as to prevent or control discharge of acid, toxic, or otherwise harmful mine drainage waters into ground-water systems and to prevent adverse impacts on such ground-water systems or on approved postmining land uses.

(L) Protection of ground-water recharge capacity. Other than underground mining operations, all coal mining operations shall be conducted in a manner that facilitates reclamation which will restore approximate premining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding coal processing waste and underground development waste disposal areas and fills, to transmit water to the ground-water system. The recharge capacity shall be restored to a condition which:

(1) Supports the approved postmining land use;

(2) Minimizes disturbances to the prevailing hydrologic balance in the permit and adjacent areas; and

(3) Provides a rate of recharge that approximates the premining recharge rate.

(M) Surface water protection. In order to protect the hydrologic balance, mining operations shall be conducted according to the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code, and the following:

(1) Surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage, prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area, and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this rule, then the operator shall use and maintain the necessary water-treatment facilities or water quality controls.

(2) Surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(N) Surface and ground-water monitoring.

(1) Ground-water monitoring.

(a) Surface mining operators shall monitor ground-water levels and the quality of ground water at least quarterly or more frequently as prescribed by the chief, in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-05 of the Administrative Code, to determine the effects of the coal mining operations on the recharge capacity of reclaimed lands and on the quality and quantity of water in ground-water systems in the permit and adjacent areas.

(i) Monitoring shall include measurements from a sufficient number of wells and springs that are adequate to reflect changes in ground-water quality and quantity resulting from those operations.

(ii) Monitoring shall be adequate to plan for modification of coal mining operations, if necessary, to minimize disturbance of the prevailing hydrologic balance.

(iii) As specified and approved by the chief, the person who conducts surface mining operations shall conduct additional hydrologic tests, including drilling, infiltration tests, and aquifer tests and shall submit the results to the chief, to demonstrate compliance with paragraphs (K) to (N) of this rule.

(b) Underground mining operators shall monitor, at least quarterly or more frequently as prescribed by the chief, the quality and quantity of ground water in the permit and adjacent areas in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-14 of the Administrative Code. Monitoring of an area shall begin one year before the area is mined, shall continue during mining, and shall continue for at least one year after the area is mined, unless the chief determines that monitoring for a shorter period will allow accurate assessment of the impacts on the ground water of the area.

(c) Ground-water monitoring shall result in quarterly or more frequent reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation shall be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(2) Surface-water monitoring.

(a) All surface and underground mining operators shall monitor pond discharges for the national pollutant discharge elimination system (NPDES) permit quarterly in accordance with the monitoring plan submitted under either paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality of the discharges from the permit area;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition or applicable standard within five days of receipt of such results. If there is a failure to comply with an effluent limitation set forth in a NPDES permit, the person who conducts coal mining operations shall forward the analytical results concurrently with the written notice of non-compliance; and

(iii) Result in quarterly reports to the chief submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(b) The chief may require additional surface-water monitoring to be conducted quarterly on the permit or adjacent areas in accordance with the monitoring plans submitted under paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. The chief shall determine the nature of the data and reporting requirements. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition within five days of receipt of such results; and

(iii) Result in quarterly reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(3) Duration of and modifications to monitoring.

(a) Monitoring for ground water and surface water shall be conducted throughout mining and reclamation until final performance security release unless the chief determines, pursuant to paragraph (N)(3)(b)(ii) of this rule, that monitoring is no longer necessary.

(b) Any modification of the monitoring requirements of paragraph (N) of this rule, including the parameters covered and the sampling frequency, shall be made by means of a permit revision pursuant to paragraph (E) of rule 1501:13-4-06 of the Administrative Code. A permit revision may be obtained pursuant to this paragraph if the operator demonstrates, using the monitoring data of this rule, that:

(i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area, water quantity and quality are suitable to support approved postmining land uses, and the water rights of other users have been protected or replaced; or

(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under paragraph (F) of rule 1501:13-4-05 or paragraph (F) of rule 1501:13-4-14 of the Administrative Code.

(O) Transfer of wells. Before final release of performance security, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with rule 1501:13-9-02 of the Administrative Code. With the prior approval of the chief, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with state and local law and the permittee shall remain responsible for the proper management of the well in accordance with rule 1501:13-9-02 of the Administrative Code until performance security release.

(P) Water rights and replacement.

(1) Any person who conducts coal mining operations shall:

(a) Replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been affected by contamination, diminution, or interruption proximately resulting from the coal mining operations; and

(b) Reimburse the owner for the reasonable cost of obtaining a water supply from the time of the contamination, diminution or interruption by the operation until the water supply is replaced.

(2) The hydrologic information required in paragraphs (B) to (G) of rule 1501:13-4-04 or paragraphs (B) to (G) of rule 1501:13-4-13 of the Administrative Code shall, at a minimum, be used to determine the extent of the impact of mining on ground and surface water.

(Q) Discharge of water into underground mines.

(1) Discharges into an underground mine are prohibited, unless specifically approved by the chief after a demonstration that the discharge will:

(a) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from surface mining operations;

(b) Not result in a violation of applicable water quality standards or effluent limitations;

(c) Be at a known rate and quality which shall meet the effluent limitations of this rule for pH and total suspended solids, except that the pH and total suspended solids limitations may be exceeded, if approved by the chief; and

(d) Meet with the approval of MSHA.

(2) Discharges shall be limited to the following:

(a) Water;

(b) Coal processing waste;

(c) Fly ash from a coal-fired facility;

(d) Sludge from an acid-mine-drainage treatment facility;

(e) Flue-gas desulfurization sludge;

(f) Inert material used for stabilizing underground mines; and

(g) Underground mine development wastes.

(R) Postmining rehabilitation of sedimentation ponds, diversions, impoundments and treatment facilities. Before abandoning a permit area or seeking performance security release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of these rules for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structure if necessary to meet requirements of these rules and to conform to the approved reclamation plan.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:04 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-03

(A) To prevent topsoil from being contaminated by spoil or waste materials or otherwise wasted, the permittee or operator shall remove the topsoil as a separate operation from areas to be disturbed. Topsoil shall be immediately redistributed according to the requirements of paragraph (C) of this rule on areas graded to the approved postmining configuration. The topsoil shall be segregated, stockpiled, and protected from wind and water erosion and from contaminants which lessen its capability to support vegetation if sufficient graded areas are not immediately available for redistribution. Areas of surplus soil materials may be identified for use in future reclamation.

(B) Topsoil to be salvaged shall be removed before any drilling for blasting, mining, spoil or other surface disturbance.

(1) All topsoil shall be removed and if the topsoil is less than six inches, a six-inch layer that includes the topsoil and the unconsolidated materials immediately below the "A" horizon shall be removed and segregated for resoiling, unless an alternative material is approved by the chief in accordance with paragraph (B)(3) of this rule.

(2) Where necessary to obtain soil productivity consistent with postmining land use, the chief may require that the subsoil be segregated and replaced prior to the redistribution of the topsoil.

(3) Alternative resoiling materials may be used instead of, or as a supplement to, topsoil where the resulting soil medium is equal to or more suitable for vegetation or if the topsoil is of insufficient quantity or quality for sustaining vegetation and if all the following requirements are met:

(a) The applicant or permittee demonstrates that the alternative resoiling materials, or an overburden topsoil mixture is more suitable for restoring land capability and productivity by the results of chemical and physical analyses. These analyses shall include determinations of pH, per cent organic material, phosphorus, potassium, and texture class, and such other analyses as required by the chief. The chief may require the results of field-site trials or greenhouse tests be used to demonstrate the feasibility of using such alternative resoiling;

(b) The chemical and physical analysis and the results of field-site trials and greenhouse tests are accompanied by a certification from a qualified soil scientist or agronomist; and

(c) If alternative resoiling materials are used, such materials are removed, segregated, and replaced in conformance with this rule.

(4) If there is insufficient topsoil on the permit area, the applicant or permittee shall:

(a) Identify the alternative resoiling materials to be used for resoiling;

(b) Submit the results of the analysis required by paragraph (B)(3)(a) of this rule;

(c) Submit certification by a qualified soil scientist or agronomist that the alternative resoiling materials are suitable for establishing the permanent vegetative species proposed by the applicant in the mining and reclamation plan; and

(d) If alternative resoiling materials are to be used, submit a plan, where appropriate, for the removal, segregation, and replacement of such materials.

(5) Limits on topsoil removal area. Where the removal of vegetation materials, topsoil, or other materials may result in erosion which may cause air or water pollution:

(a) The size of the area from which topsoil is removed at any one time shall be limited;

(b) The surface soil layer shall be redistributed at a time when the physical and chemical properties of topsoil can be protected and erosion can be minimized; and

(c) Such other measures shall be taken as the chief may approve or require to control erosion.

(6) The chief may choose not to require the removal of topsoil for minor disturbances which:

(a) Occur at the site of small structures, such as power poles, signs, or fence lines; or

(b) Will not destroy the existing vegetation and will not cause erosion.

(C) Final grading and replacement of topsoil. Final grading shall follow the completion of backfilling and rough grading within a time that will allow replacement of topsoil or approved resoiling materials to begin and be completed during either the current normal period for favorable planting or at the start of the first appropriate normal period for favorable planting following final grading, whichever occurs first. After final grading and before the topsoil or approved alternative resoiling materials are replaced, regraded land shall be scarified or otherwise treated to eliminate slippage surfaces and to promote root penetration. Resoiling shall begin, continue reasonably uninterrupted, and be completed prior to the end of the normal period for favorable planting unless the permittee receives an extension of the time limit because of climatic conditions in accordance with paragraph (D) of this rule. Topsoil or approved alternative resoiling materials shall be redistributed in a manner that:

(1) Achieves an approximately uniform, stable thickness when consistent with the postmining land use, contours, and surface-water drainage systems. Soil thickness may also be varied to the extent such variations help meet the specific revegetation goals identified in the permit;

(2) Prevents excess compaction of the spoil and topsoil; and

(3) Protects from wind and water erosion before and after seeding and planting.

(D) If resoiling and protection of that resoiling cannot reasonably be done within a prescribed time limit because of climatic conditions existing at that time of the year, the permittee may apply to the chief for an extension of the time limit and the chief shall not issue a notice under paragraph (A) of rule 1501:13-7-06 of the Administrative Code during such time extension.

(E) If the permit allows storage of topsoil or approved alternative resoiling materials, such materials shall be placed on a stable area within the permit area where it will not be disturbed or exposed to excessive water, wind erosion, unnecessary compaction and contamination by undesirable materials. Stockpiled materials shall be protected from wind and water erosion, unnecessary compaction, and contaminants either by: an effective cover of non-noxious, quick-growing annual and perennial plants, seeded or planted during the first normal period after removal for favorable planting conditions; or other methods demonstrated and approved by the chief to provide equal protection. Unless approved by the chief, stockpiled topsoil or approved alternative resoiling materials shall not be moved until required for redistribution on a disturbed area.

(F) Nutrients and soil amendments in the amounts and analysis as determined by soil tests taken in accordance with agronomically acceptable practices shall be applied to the surface soil layer so that it will support the postmining requirements of rule 1501:13-9-17 of the Administrative Code and the revegetation requirements of rule 1501:13-9-15 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-15

(A) Definitions.

(1) "Countable tree" means a tree or shrub that:

(a) Is in place for at least two years;

(b) Is alive and healthy;

(c) Has at least one-third of its length in live crown, with green foliage during its growing season, and is not diseased or insect-infested; and

(d) Has a root crown or root sprouts over one foot in height. Root crowns or root sprouts over one foot in height shall count as one towards meeting the stocking requirements. Where multiple stems occur, only the tallest stem will be counted.

(2) "Ground cover" means the area of ground covered by the aerial parts of perennial and biennial vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.

(3) "Herbaceous species" means grasses and non-woody legumes.

(4) "Woody plants" means woody shrubs, trees, and vines.

(B) General requirements. The permittee shall establish on regraded areas and on all other disturbed areas except water areas and the surface areas of roads that are approved as part of the postmining land use, and other small incidental areas where revegetation would conflict with the postmining land use and no environmental harm would result, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is:

(1) Diverse, effective, and permanent;

(2) Comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the chief;

(3) At least equal in extent of cover to the natural vegetation of the area; and

(4) Capable of stabilizing the soil surface from erosion.

(C) Use of native and introduced species.

(1) The reestablished plant species shall:

(a) Be compatible with the approved postmining land use;

(b) Have the same seasonal characteristics of growth as the original vegetation;

(c) Be capable of self-regeneration and plant succession;

(d) Be compatible with the plant and animal species of the area; and

(e) Meet the requirements of applicable state and federal seed, poisonous and noxious plant, and introduced species laws or regulations.

(2) The chief may grant exceptions to the requirements of paragraphs (C)(1)(b) and (C)(1)(c) of this rule when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.

(3) When the chief approves a cropland postmining land use, the chief may grant exception to the requirements of paragraphs (B)(1), (B)(3), (C)(1)(b) and (C)(1)(c) of this rule. The requirements of rule 1501:13-13-03 of the Administrative Code apply to areas identified as prime farmland.

(D) Time of revegetation. Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after replacement of the topsoil or topsoil substitute. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, any disturbed areas shall be seeded and planted as contemporaneously as practicable after the completion of backfilling, grading, and topsoiling with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.

(E) Mulching and other soil stabilizing practices.

(1) Suitable mulch and/or other stabilizing practices shall be used on all areas that have been regraded and resoiled in order to control erosion, promote germination of seeds, or increase the moisture-retention capacity of the soil. The chief may suspend the requirements for mulch if the permittee can demonstrate that:

(a) Seasonal, soil, or slope factors result in a condition for which mulch and other soil-stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetative cover; and

(b) Alternative procedures will achieve the revegetation success standards of this rule for the approved postmining land use and will not cause or contribute to air or water pollution.

(2) Annual grasses and grains may be used alone as natural mulch, or in conjunction with another mulch, when the chief determines that they will provide adequate soil erosion control and cover and will later be replaced by perennial species approved for the postmining land use.

(3) Chemical soil stabilizers alone, or in combination with appropriate mulches, may be used in conjunction with vegetative covers approved for the postmining land use.

(F) General requirements for measuring success of revegetation.

(1) Success standards will differ depending on the approved postmining use of an area. In all revegetation efforts, the general requirements of this rule shall be met and the success of revegetation shall be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of cover compared to the cover occurring in natural vegetation of the area, and the requirements of paragraphs (B) and (C) of this rule. Statistically valid sampling techniques for measuring success of ground cover, production, or stocking for final performance security release shall be specified in guidelines for evaluating revegetation success compiled by the chief. The statistical sampling techniques shall use a ninety per cent confidence interval (i.e., one-sided test with a 0.10 alpha error).

(2) Except as provided in paragraph (F)(2)(a) of this rule the period of extended responsibility for revegetation success under the performance security requirement shall continue for not less than five full years.

(a) On lands eligible for remining included in permits issued pursuant to the requirements of rule 1501:13-4-12 of the Administrative Code and renewals thereof, the period of extended responsibility for revegetation success under the performance security requirement shall continue for not less than two full years.

(3) Except as provided in paragraph (F)(3)(a) of this rule, the period of extended responsibility shall begin on the date of the last augmented seeding, fertilizing, planting or other work necessary to ensure successful vegetation. The date of this last seeding, fertilizing, planting or other work shall be the same date that is recorded in the planting report required in paragraph (P) of this rule.

(a) For row crops planted on areas to be used for agricultural cropland, including prime farmland, the period of extended responsibility for revegetation shall commence on the date on which the initial planting of the crop has been completed. Promptly thereafter, the chief shall inspect the area to verify that the initial planting has been completed.

(4) The following practices will not be considered augmentative when the practice and the rate of application is an accepted local practice for comparable unmined lands that can be expected to continue as a postmining practice:

(a) Seeding, applying soil amendments, and irrigating to maintain productivity, as recommended by or as specified in technical guidelines published by the Ohio state university cooperative extension service as normal practices on cropland, pasture land or grazing land;

(b) Limited repair of rills and gullies. The chief will classify instances of rill and gully erosion repair as either limited or extensive, based on the extent of repairs needed and the cause of the erosion. The chief will consider extensive repairs to be augmentative;

(c) Reseeding and adding soil amendments when necessary to repair damage to land and/or established permanent vegetation that is unavoidably disturbed in order to meet the reclamation standards of this chapter, provided that:

(i) The damage is not caused by a lack of planning, design, or implementation of the mining and reclamation plan, inappropriate reclamation practices on the part of the permittee, or the lack of established permanent vegetation; and

(ii) The total acreage of repaired areas under paragraphs (F)(4)(b) and (F) (4)(c) of this rule does not exceed ten per cent of the total land affected, with no individual area exceeding three acres;

(d) Replanting of trees as a reinforcement measure on areas for which the approved planting plan requires woody vegetation; and

(e) Reseeding of legumes within three years after the initial planting where the legumes are expected to be present at the end of the period of extended responsibility.

(5) Reseeding of areas that have been unavoidably disturbed in the course of gaining access for removal of structures that are part of the sediment control system or initial seeding of areas upon which the sediment control system was located and subsequently removed will not restart the period of extended responsibility for revegetation success.

(6) For the purposes of paragraphs (F)(4)(c) and (F)(5) of this rule, permanent vegetation that is established or reestablished on these areas must have been seeded a minimum of twelve months prior to the request for phase III performance security release unless the chief determines the extent of the area of repair was limited in size and the permittee remains in compliance with paragraph (G)(3)(b) of this rule.

(G) Revegetation success standards for pasture or grazing land.

(1) Species diversity, seasonal variety and regenerative capacity of the vegetation of the revegetated area shall be evaluated on the basis of the results which could reasonably be expected using the revegetation methods described in the reclamation plan.

(2) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, are established and the area has sufficient ground cover to control erosion. As used in this paragraph, "established" means that individual plants have matured to the point that they are deriving their nourishment from the soil instead of from stored food in the seed. Development of secondary leaves is considered an indication that a plant is established.

(3) Revegetation shall be determined to be successful for a phase III performance security release when:

(a) The period of extended responsibility has expired and the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, equal or exceed the county average yield for hay for any two years of the period of extended responsibility except the first year; and

(b) For the last year of the period of extended responsibility and one additional year, except the first year, the ground cover shall equal or exceed ninety per cent and no single area with less than thirty per cent cover shall exceed the lesser of three thousand square feet or 0.3 per cent of the land affected.

(H) Revegetation success standards for areas to be used for agricultural cropland, other than prime farmland.

(1) Revegetation shall be determined to be successful for a reclamation phase approval or a phase II performance security release for row and hay crops when the species planted in accordance with the approved reclamation plan meet, at a minimum, the ground-cover standards of paragraph (G)(2) of this rule.

(2) Revegetation shall be determined to be successful for a phase III performance security release for row and hay crops when:

(a) The period of extended responsibility has expired and the yield data of crop harvest on the mined area for any two years of the period of extended responsibility, except the first year, equals or exceeds the average county yield for comparable crops and hay crops; and

(b) The vegetation meets, at a minimum, the ground cover standards of paragraph (G)(3)(b) of this rule during the last year of the period of extended responsibility.

(I) Revegetation success standards for prime farmland.

(1) The success in revegetation shall be determined on the basis of an average crop production from the reclaimed prime farmland areas compared to the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.

(2) The measurement of soil productivity shall be initiated within ten years after completion of soil replacement.

(3) The level of management applied during the measurement period shall be the same as the level of management used on nonmined prime farmland in the surrounding area.

(4) The reference crop on which restoration of soil productivity is proven shall be selected from the crops most commonly produced on the surrounding prime farmland. Where row crops are the dominant crops grown on the prime farmland in the area, the row crop requiring the greatest rooting depth shall be chosen as one of the reference crops.

(5) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release for row and hay crops when the yield data from three years of crop harvest on the mined area equals or exceeds the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.

(6) Revegetation shall be determined to be successful for a phase III performance security release for row and hay crops when the period of extended responsibility has expired and the yield data from at least three years of crop harvest on the mined area equals or exceeds the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. The same yield data that was submitted for the phase II approval or the phase II release may be submitted for the phase III release.

(7) The average crop yield for prime farmland may be adjusted, if approved by the chief with the concurrence of the U.S. natural resources conservation service, for:

(a) Disease, pest, and weather-induced seasonal variations; or

(b) Differences in specific management practices when the overall management practices of the crops being compared are equivalent.

(J) Revegetation success standards for areas for which the postmining land use is industrial, residential, or commercial use, other than commercial forest land.

(1) For areas to be developed for the intended postmining land use within two years after regrading is completed:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the species planted in accordance with the approved mining and reclamation plan provide sufficient ground cover to control erosion; and

(b) Revegetation shall be determined to be successful for a phase III performance security release in the last year of the period of extended responsibility for revegetation success when substantial construction has begun, the area not disturbed by construction activity has sufficient ground cover to control erosion and the period of extended responsibility has expired.

(2) For areas to be developed for the intended postmining land use two or more years after regrading is completed, revegetation shall meet the ground cover success standards contained in paragraph (G)(2) of this rule for reclamation phase II approval or phase II performance security release and paragraph (G)(3)(b) of this rule for phase III performance security release, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release.

(K) General requirements for woody vegetation.

(1) For areas for which the approved postmining land use requires woody plants as the primary vegetation, success of revegetation shall be determined on the basis of tree, shrub, or half-shrub stocking and ground cover to ensure that commercial tree species, non-commercial tree species, or shrubs, sufficient for adequate use of available growing space, are established after coal mining.

(2) Quality stock and proven field techniques in the science of woody revegetation on mined areas shall be employed.

(3) The chief shall determine the appropriate stocking level of trees and shrubs, the appropriate species of trees and shrubs, the appropriate herbaceous species and mixtures of herbaceous species, and the appropriate planting arrangement after consultation with and approval by the division of forestry for areas where the approved postmining land use is forest, or consultation with and approval by the division of wildlife for areas where the approved postmining land use is fish and wildlife habitat or undeveloped land.

(4) The number of stems per unit area will be used to determine the degree to which space is occupied by properly distributed acceptable trees. Volunteer stems of acceptable tree species may also be counted.

(L) Revegetation success standards for forest land, fish and wildlife habitat, or other postmining land uses that require establishment of woody vegetation.

(1) For areas where the approved postmining land use is forest or fish and wildlife habitat, revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when:

(a) There are at least six hundred trees or shrubs per acre on each acre on which trees or shrubs are to be planted; and

(b) The herbaceous ground cover provides the greater of thirty per cent cover or sufficient cover to control erosion.

(2) Revegetation shall be determined to be successful for a phase III performance security release in the last year of the period of extended responsibility for revegetation success when the period of extended responsibility has expired, the herbaceous ground cover is at least seventy per cent, and:

(a) For areas where the approved postmining land use is forest, the area has a minimum of four hundred fifty countable trees per acre, of which a minimum of seventy-five per cent are commercial tree species, and of which eighty per cent have been in place for at least three years, on each acre on which trees or shrubs are to be planted; or

(b) For areas where the approved postmining land use is fish and wildlife habitat, the area has a minimum of two hundred fifty countable trees per acre, of which eighty per cent have been in place for at least three years, on each acre on which trees or shrubs are to be planted.

(M) Revegetation success standards for undeveloped land.

(1) For areas for which the approved postmining land use is undeveloped land, success of revegetation shall be determined on the basis of ground cover and the proper planting of appropriate tree and shrub species specified in the approved planting plan. Such plans shall include tree or shrub plantings over ten to fifty per cent of the revegetated area. Planting locations shall include slopes steeper than twenty degrees and areas along drainways and permanent sources of water.

(2) In addition to meeting the general requirements for woody vegetation contained in paragraphs (K)(2) and (K)(3) of this rule, the selected tree and shrub species and herbaceous ground cover species shall have value as wildlife habitat, and the herbaceous ground cover species shall be compatible with the growth of acceptable species of trees and shrubs, as determined by the chief with consultation of the division of wildlife.

(3) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the herbaceous ground cover species are established and provide sufficient ground cover to control erosion.

(4) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired, and:

(a) Acceptable species of trees and shrubs have been properly planted and in accordance with the approved planting plan at a rate of six hundred trees or shrubs per acre on each acre on which trees or shrubs are to be planted;

(b) The herbaceous ground cover on areas not planted with trees or shrubs meets the ground cover standards of paragraph (G)(3)(b) of this rule, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release; and

(c) The herbaceous ground cover on areas on which trees or shrubs are planted is at least seventy per cent in the last year of the period of extended responsibility for revegetation success.

(N) Revegetation success standards for recreation areas.

(1) For areas where the approved postmining land use is developed recreation facilities, including but not limited to portions of parks, camps, and amusement areas where woody vegetation would be incompatible with the approved postmining land use, the area shall meet the ground cover standards of paragraph (G)(2) of this rule for reclamation phase II approval or phase II performance security release and paragraph (G)(3)(b) of this rule for phase III performance security release, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release.

(2) For areas where the approved postmining land use is recreation area with less intensive uses, such as hiking or canoeing, the area shall meet the general requirements for woody vegetation in accordance with paragraph (K) of this rule, and the revegetation success standards of paragraph (L)(1) of this rule for reclamation phase II approval or phase II performance security release and paragraph (L)(2) of this rule in the last year of the period of extended responsibility for revegetation success for phase III performance security release.

(O) Revegetation success standards on lands eligible for remining.

(1) For pasture and grazing land:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the standards of paragraph (G)(2) of this rule are met; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired and the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, have provided, during the last year of the period of extended responsibility, ground cover equal to or exceeding seventy percent cover and adequate to control erosion, with no single area with less than thirty percent cover exceeding the lesser of three thousand square feet or 0.3 per cent of the land affected.

(2) For cropland, other than prime farmland:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the standards of paragraph (G)(2) of this rule are met; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when:

(i) The period of extended responsibility has expired and the yield data of crop harvest on the mined area for any year of the period of extended responsibility, except the first year, equals or exceeds the average county yield for comparable crops and hay crops; and

(ii) The vegetation meets, at a minimum, the ground cover standards of paragraph (O)(1)(b) of this rule during the last year of the period of extended responsibility.

(3) For industrial, residential, or commercial land use, other than commercial forest land:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when vegetation meets the ground cover success standards of paragraph (G)(2) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when vegetation meets the standards of paragraph (O)(1)(b) of this rule.

(4) For forest land, fish and wildlife habitat, or other land use which requires the establishment of woody vegetation:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when vegetation meets the success standards of paragraph (L)(1) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when vegetation meets the standards of paragraph (L)(2) of this rule, except that of the minimum countable trees per acre, eighty per cent have been in place for at least two years, on each acre on which trees or shrubs are to be planted.

(5) For undeveloped land:

(a) Success of revegetation shall be determined as provided in paragraphs (M)(1), (M)(2) and (M)(3) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired and the vegetation meets the requirements of paragraph (M)(4) of this rule except that the herbaceous ground cover on areas not planted with trees or shrubs must meet the standards of paragraph (O)(1)(b) of this rule.

(6) For recreation areas:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release, for areas where herbaceous vegetation comprises the ground cover, when the standard of paragraph (G)(2) of this rule are met;

(b) Revegetation shall be determined to be successful for a phase III performance security release, for the areas listed in paragraph (O)(6)(a) of this rule, when the standards of paragraph (O)(1)(b) of this rule are met;

(c) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release, for areas which require the planting of woody vegetation as described in paragraph (N)(2) of this rule, when the standards of paragraph (L)(1) of this rule are met; and

(d) Revegetation shall be determined to be successful for a phase III performance security release for areas listed in paragraph (O)(6)(c) of this rule, when the standards of paragraph (L)(2) of this rule are met.

(P) Planting report. Upon completion of planting, the permittee shall file planting reports with the chief, on a form prescribed and furnished by the chief, providing the following information:

(1) Permit number;

(2) The type of planting or seeding, including mixtures and amounts;

(3) The date of planting, seeding, or reseeding;

(4) The area of land planted; and

(5) Such other relevant information as the chief may require.

Last updated February 27, 2023 at 9:59 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-05

(A) Operation plan: general requirements.

(1) This rule shall apply only to coal mining operations other than underground mining operations.

(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations;

(i) The description shall identify the mining method as area mining, contour mining, another named mining method, or combination of methods to be identified by name;

(ii) For contour mining or area mining, the description shall include, at a minimum, the maximum extent of cover to be mined, the location where the mining will begin, the direction the mining will proceed, and the ending point of the operation. If the mining operation will utilize multiple pits, the description shall be included for each mining pit;

(iii) For mining methods other than area mining or contour mining, or for combinations of methods, the description shall include each of the items required under paragraph (A)(2)(a)(ii) of this rule and in addition shall include other information that demonstrates the orderly and reasonable progression of mining, including, but not limited to, spoil placement plans, proposed locations of haul roads that will be used or retained for an extended period of time, and the intended timing of mining operations;

(iv) The description shall specify for the mining method(s) proposed how the time and distance requirements of rule 1501:13-9-13 of the Administrative Code will be met; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code and is approved by the chief):

(i) Dams, embankments, and other impoundments;

(ii) Overburden and topsoil handling and storage areas and structures;

(iii) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(iv) Spoil, coal processing waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;

(v) Mine facilities; and

(vi) Water and air pollution control facilities.

(3) Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in the detail necessary for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(B) Operation plan: existing structures.

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal mining and reclamation operation. The description shall include:

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal mining and reclamation operation. The compliance plan shall include:

(a) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code;

(b) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(C) Operation plan: blasting. Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:

(1) Information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations;

(2) A description of any system to be used to monitor compliance with the airblast and ground vibration limits established under paragraph (C)(1) of this rule, including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring; and

(3) For blasting operations within five hundred feet of active underground mines, copies of the approvals given by the state and federal regulatory authorities concerned with the health and safety of underground miners.

(D) Reclamation plan: general requirements.

(1) Each application shall contain a plan for describing reclamation of the lands within the proposed permit area, showing how the applicant will comply with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder. The plan shall include, at a minimum, all information required under paragraphs (D) to (P) of this rule.

(2) Each plan shall contain, where appropriate, the following information for the proposed permit area:

(a) A detailed timetable for the completion of each major step in the reclamation plan which, at a minimum, addresses the reclamation timing requirements of paragraph (A) of rule 1501:13-9-13 of the Administrative Code, and is specific to the mining method described in accordance with paragraph (A)(2)(a) of this rule;

(b) A description of the backfilling, soil stabilization and grading;

(c) A description of the removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of rule 1501:13-9-03 of the Administrative Code. A demonstration of the suitability of topsoil substitutes or supplements under rule 1501:13-9-03 of the Administrative Code shall be based upon analysis of the thickness of soil horizons, total depth, texture, per cent coarse fragments, pH, and areal extent of the different kinds of soils. The chief may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(d) A description of the revegetation as required in rule 1501:13-9-15 of the Administrative Code, including, but not limited to, descriptions of the:

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(vi) Irrigation, if appropriate, and disease, pest and vermin control, if any; and

(vii) The measures proposed to be used to determine the success of revegetation as required under rule 1501:13-9-15 of the Administrative Code;

(e) A description of the measures to be used to maximize the use and conservation of the coal resources as required by rule 1501:13-9-05 of the Administrative Code;

(f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with paragraph (E) of rule 1501:13-9-09 of the Administrative Code and paragraph (J) of rule 1501:13-9-14 of the Administrative Code and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(g) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with rule 1501:13-9-02 of the Administrative Code; and

(h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and regulations and health and safety standards.

(E) Reclamation plan: protection of the hydrologic balance.

(1) Each application shall contain a plan for the protection of the hydrologic balance. The plan shall be specific to the local hydrologic conditions and shall describe the measures to be taken during and after the proposed coal mining operations in accordance with rule 1501:13-9-04 of the Administrative Code to:

(a) Minimize disturbance to the hydrologic balance within the permit and adjacent areas and to prevent material damage outside the permit area;

(b) Protect the rights of present users of surface and ground water;

(c) Avoid acid or toxic drainage;

(d) Control surface water drainage into, through, and out of the proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative Code;

(e) Treat, when required under these rules, surface and ground water drainage from the area to be disturbed by the proposed activities, so as not to exceed quantitative limits on pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the Administrative Code;

(f) Restore the approximate recharge capacity of the proposed permit area in accordance with paragraph (L) of rule 1501:13-9-04 of the Administrative Code and protect or replace rights of present water users;

(g) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area. Vegetation may be determined by the chief to be the best technology currently available upon a demonstration by the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule 1501:13-9-04 of the Administrative Code have been met. If the applicant proposes to make such a demonstration after vegetation is established and remove siltation structures sooner than two years after the last augmented seeding of a drainage area, the applicant shall state such intentions in the timetable and plans for removal of sediment control structures required by paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;

(h) Address any potential adverse hydrologic consequences identified in the determination of probable hydrologic consequences under paragraph (E)(2) of this rule and include preventative and remedial measures; and

(i) Meet applicable state and federal water quality laws and regulations.

(2) Determination of probable hydrologic consequences (PHC).

(a) The plan shall include a determination of the probable hydrologic consequences of the proposed coal mining operations on the proposed permit area and adjacent areas. This determination shall be based on baseline hydrologic, geologic and other information collected for the permit application with respect to the hydrologic regime, providing information on the quantity and quality of water in surface and ground-water systems under seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, and total manganese.

(b) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area;

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(c) Flooding or streamflow alteration;

(d) Ground-water and surface-water availability; and

(e) Other characteristics as required by the chief.

(c) An application for a permit revision shall be reviewed by the chief to determine whether a new or updated PHC determination shall be required.

(F) Ground-water and surface-water monitoring plans.

(1) Ground-water monitoring plan.

(a) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (E)(1) of this rule. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, specific conductance corrected to twenty-five degrees centigrade, pH, total iron, total manganese, and water levels shall be monitored. The data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(b) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the general area, then monitoring of that stratum may be waived by the chief.

(2) Surface-water monitoring plan.

(a) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R. part 434.

(b) The plan shall identify the surface-water quantity and the quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in the permit and adjacent areas, surface-water bodies such as streams, lakes and impoundments, that are potentially affected or into which water will be discharged, and at upstream monitoring locations, the specific conductance corrected to twenty-five degrees centigrade, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.

(iii) The data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(G) Reclamation plan: postmining land uses.

(1) Each application shall contain a plan for the postmining land use. The plan shall describe the proposed use following reclamation of the land within the proposed permit area including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and

(b) When a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under these rules.

(2) The plan shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation. In cases where no surface disturbance will result from the applicant's proposed use of auger/highwall mining, this paragraph shall not apply.

(3) The plan shall describe the consideration which has been given to making all of the proposed coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.

(1) General requirements.

(a) Each application shall include a detailed design plan for each proposed siltation structure, water impoundment, and coal mine waste bank, dam, or embankment within the proposed permit area. Each plan shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(b) Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (H)(1)(b) of this rule, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any design and construction requirements for the structure, including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(2) Impoundments.

(a) Permanent and temporary impoundments shall be designed in compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any impoundment shall be certified by an engineer experienced in impoundment design and construction. The certification statement shall state that the structure is designed to meet the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each design plan for an impoundment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a). The plan required to be submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be submitted to the chief as part of the permit application.

(c) Impoundments not meeting the size or other criteria of paragraph (H)(1)(b) of this rule may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative Code:

(i) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(ii) If the natural slope of the foundation as measured at right angles to the embankment center line is steeper than 10:1V (ten per cent), the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(iii) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(iv) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(v) The moisture content of the fill material shall be sufficient to secure proper compaction. (An indication of sufficient moisture content is that when kneaded by hand the soil should just form a ball which does not readily separate. The engineer may specify other methods of testing moisture content, if appropriate.) When it is necessary to use materials of varying texture and gradation, the more impervious material shall be placed in the upstream and center portions of the embankment and the more pervious material shall be placed in the downstream portion of the fill;

(vi) The embankment's combined upstream and downstream side slopes shall be no steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added together.); and

(vii) The minimum top width of the embankment shall be (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment.

(3) Siltation structures.

(a) Permanent and temporary siltation structures shall be designed in compliance with the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code. The design of any siltation structure shall be certified by an engineer experienced in impoundment design and construction. The certification shall state that the structure is designed to meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code.

(b) In addition to the requirements of paragraph (H)(1) of this rule, the plan shall include a determination of:

(i) The required sediment storage volume; and

(ii) The detention time provided by the pond.

(c) Each design plan for a siltation structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(4) Coal mine waste dams and embankments.

(a) Coal mine waste dams and embankments shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste dam or embankment shall be certified by an engineer experienced in design of similar earth and waste structures. The certification statement shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current, prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

(iv) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(c) Each design plan for a coal mine waste dam or embankment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(5) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions regarding impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank shall be certified by an engineer experienced in design of similar earth and waste structures. The certification shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current, prudent engineering practices.

(6) If the structure meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called Class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(7) For further information about natural resources conservation service technical release TR-210-60, which is incorporated by reference in paragraph (H) of this rule, see paragraph (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.

(I) Surface mining near underground mining. For surface mining operations within the proposed permit area to be conducted within five hundred feet of an underground mine either active or abandoned, the application shall describe the measures to be used to comply with rule 1501:13-9-08 of the Administrative Code.

(J) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.

(K) Protection of public parks and historic places.

(1) For any publicly owned parks or any places listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, that may be adversely affected by the proposed operation, each application shall describe the measures to be used:

(a) To prevent adverse impacts; or

(b) If valid existing rights exist or joint agency approval is to be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code, to minimize adverse impacts. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(2) The chief may require the applicant to protect historic or archeological properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (K)(1) of this rule, through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

(L) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:

(1) Conducting the proposed coal mining operations within one hundred feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or

(2) Relocating a public road.

(M) Transportation facilities.

(1) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross sections, and the following:

(a) Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

(b) A description of measures to be taken to obtain approval of the chief for alteration or relocation of a natural drainageway under rule 1501:13-10-01 of the Administrative Code;

(c) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the chief under rule 1501:13-10-01 of the Administrative Code;

(d) Drawings and specifications for each proposed ford of perennial or intermittent streams outside the mined-out area that is used as a temporary route, as necessary for approval of the ford by the chief in accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative Code; and

(e) A description of plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road embankments may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (G)(3) of rule 1501:13-10-01 of the Administrative Code:

(a) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(b) If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8h:1v, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(c) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(d) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(e) The moisture content of the fill material shall be sufficient to secure proper compaction;

(f) The side slopes of the embankment shall be no steeper than 2h:1v;

(g) Embankments with upstream and downstream slopes shall have a minimum top width of (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment;

(h) Hillside embankments shall have a minimum top width adequate for the intended use; and

(i) Culverts shall be placed such that the embankment, as defined in rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time.

(N) Disposal of excess spoil.

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to rule 1501:13-9-07 of the Administrative Code. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(a) The character of bedrock and any adverse geologic conditions in the disposal area;

(b) A survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;

(c) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(d) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(e) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(3) If, under paragraph (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or keyway cuts are required, the application shall include the following:

(a) The number, location and depth of borings or test pits. The number, location and depth shall be determined with respect to the size of the spoil disposal structure and sub-surface conditions; and

(b) Engineering specifications utilized to design the rock-toe buttresses or key-way cuts which shall be determined in accordance with paragraph (N)(2)(e) of this rule.

(O) Air pollution control plan. Each application shall contain an air pollution control plan, in order to address fugitive dust resulting from erosion. The plan shall include the following:

(1) An air quality monitoring program, if required by the chief, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (O)(2) of this rule to comply with applicable federal and state air quality standards; and

(2) A plan for fugitive dust control practices.

(P) Fish and wildlife plan.

(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(a) The scope and level of detail for such information shall be determined by the chief in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (P)(2) of this rule.

(b) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary of the interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(2) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable.

(a) This description shall:

(i) Be consistent with the requirements of rule 1501:13-9-11 of the Administrative Code;

(ii) Apply, at a minimum, to species and habitats identified under paragraph (P)(1) of this rule;

(iii) Include protective measures that will be used during the active mining phase of the operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(iv) Include enhancement measures that will be used during the reclamation and postmining phase of the operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(3) Fish and wildlife service review. Upon request, the chief shall provide the resource information required under paragraph (P)(1) of this rule and the protection and enhancement plan required under paragraph (P)(2) of this rule to the U.S. department of the interior, fish and wildlife service regional or field office for their review. This information shall be provided within ten days of receipt of the request from the service.

(Q) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-14

(A) Operation plan: general requirements.

(1) This rule shall apply only to underground mining operations.

(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine including:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code and is approved by the chief):

(i) Dams, embankments, and other impoundments;

(ii) Overburden and topsoil handling and storage areas and structures;

(iii) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(iv) Spoil, coal processing, waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;

(v) Mine facilities; and

(vi) Water and air pollution control facilities.

(3) Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in the detail necessary for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(B) Operation plan: existing structures.

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal mining and reclamation operation. The description shall include:

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) A showing, including relevant monitoring data or other evidence, of whether the structure meets the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal mining and reclamation operation. The compliance plan shall include:

(a) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code;

(b) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(C) Operation plan: blasting. If surface blasting incident to the underground mine operation is to be conducted, the application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:

(1) Information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations;

(2) Description of any system to be used to monitor compliance with the airblast and ground vibration limits established under paragraph (C)(1) of this rule, including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring; and

(3) For blasting operations within five hundred feet of active underground mines, copies of the approvals given by the state and federal authorities concerned with the health and safety of underground miners.

(D) Reclamation plan: general requirements.

(1) Each application shall contain a plan for describing reclamation of the lands within the proposed permit area, showing how the applicant will comply with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder. The plan shall include, at a minimum, all information required under paragraphs (D) to (R) of this rule.

(2) Each plan shall contain, where appropriate, the following information for the proposed permit area:

(a) A detailed timetable for the completion of each major step in the reclamation plan;

(b) A plan for the backfilling, soil stabilization, compacting, and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with rule 1501:13-9-14 of the Administrative Code;

(c) A description of the removal, storage, and redistribution of the topsoil, subsoil, and other material to meet the requirements of rule 1501:13-9-03 of the Administrative Code. A demonstration of the suitability of topsoil substitutes or supplements under rule 1501:13-9-03 of the Administrative Code shall be based upon analysis of the thickness of soil horizons, total depth, texture, per cent coarse fragments, pH, and areal extent of the different kinds of soils. The chief may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(d) A description of the revegetation as required in rule 1501:13-9-15 of the Administrative Code, including, but not limited to, descriptions of the:

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(vi) Irrigation, if appropriate, and disease, pest and vermin control, if any; and

(vii) The measures proposed to be used to determine the success of revegetation as required under rule 1501:13-9-15 of the Administrative Code;

(e) A description of the measures to be used to maximize the use and conservation of the coal resources as required by rule 1501:13-9-05 of the Administrative Code;

(f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials and materials constituting a fire hazard are disposed of in accordance with paragraph (E) of rule 1501:13-9-09 and paragraph (J) of rule 1501:13-9-14 of the Administrative Code and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(g) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings and to plug, case or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with rule 1501:13-9-02 of the Administrative Code; and

(h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and regulations and health and safety standards.

(E) Reclamation plan: protection of hydrologic balance.

(1) Each application shall contain a plan for the protection of the hydrologic balance. The plan shall be specific to the local hydrologic conditions and shall describe the measures to be taken during and after the proposed underground mining operations in accordance with rule 1501:13-9-04 of the Administrative Code to:

(a) Minimize disturbance to the hydrologic balance within the permit and adjacent areas and to prevent material damage outside the permit area;

(b) Protect the rights of present users of surface and ground waters within the permit area and adjacent areas;

(c) Avoid acid or toxic drainage;

(d) Control surface-water drainage into, through, and out of the proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative Code;

(e) Treat, when required under these rules, surface- and ground-water drainage from the area to be disturbed by the proposed underground mining surface operations, so as not to exceed quantitative limits on pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the Administrative Code;

(f) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area. Vegetation may be determined by the chief to be the best technology currently available upon a demonstration by the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule 1501:13-9-04 of the Administrative Code have been met. If the applicant proposes to make such a demonstration after vegetation is established and remove siltation structures sooner than two years after the last augmented seeding of a drainage area, the applicant shall state such intentions in the timetable and plans for removal of sediment control structures required by paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;

(g) Address any potential adverse hydrologic consequences identified in the determination of probable hydrologic consequences under paragraph (E)(2) of this rule and include preventative and remedial measures; and

(h) Meet applicable federal and state water quality laws and regulations.

(2) Determination of probable hydrologic consequences (PHC).

(a) The plan shall include a determination of the probable hydrologic consequences of the proposed underground mining operations on the proposed permit area and adjacent areas. This determination shall be based on baseline hydrologic, geologic and other information collected for the permit application with respect to the hydrologic regime, providing information on the quantity and quality of water in surface- and ground-water systems under seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, and total manganese.

(b) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area;

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(c) Flooding or streamflow alteration;

(d) Ground-water and surface-water availability; and

(e) Other characteristics as required by the chief.

(c) An application for a permit revision shall be reviewed by the chief to determine whether a new or updated PHC determination shall be required.

(3) Each plan shall contain a detailed description, with appropriate drawings, of permanent entry seals and downslope barriers designed to ensure stability under anticipated hydraulic heads developed while promoting mine inundation after mine closure for the proposed permit area.

(F) Ground-water and surface-water monitoring plans.

(1) Ground-water monitoring plan.

(a) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (E)(1) of this rule. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, specific conductance corrected to twenty-five degrees centigrade, pH, total iron, total manganese, and water levels shall be monitored. Data resulting from monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(b) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the general area, then monitoring of that stratum may be waived by the chief.

(2) Surface-water monitoring plan.

(a) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R. part 434.

(b) The plan shall identify the surface-water quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in the permit and adjacent areas, surface-water bodies such as streams, lakes and impoundments, that are potentially affected or into which water will be discharged, and at upstream monitoring locations, the specific conductance corrected to twenty-five degrees centigrade, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.

(iii) Data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(G) Reclamation plan: postmining land uses.

(1) Each application shall contain a plan for the postmining land use. The plan shall describe the proposed use following reclamation of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use polices and plans. This description shall explain:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and

(b) When a land use different from the premining land use is proposed, all materials needed for approval of the alternatives used under these rules.

(2) The plan shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.

(3) The plan shall describe the consideration which has been given to making all of the proposed coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.

(1) General requirements.

(a) Each application shall include a detailed design plan for each proposed siltation structure, water impoundment, and coal mine waste bank, dam, or embankment within the proposed permit area. Each plan shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(b) Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (H)(1)(b) of this rule, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any design and construction requirements for the structure including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(2) Impoundments.

(a) Permanent and temporary impoundments shall be designed in compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any impoundment shall be certified by an engineer experienced in impoundment design and construction. The certification statement shall state that the structure is designed to meet the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each design plan for an impoundment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a). The plan required to be submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be submitted to the chief as part of the permit application.

(c) Impoundments not meeting the size or other criteria of paragraph (H)(1)(b) of this rule may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative Code:

(i) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(ii) If the natural slope of the foundation as measured at right angles to the embankment center line is steeper than 10h:1v (ten per cent), the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(iii) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(iv) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(v) The moisture content of the fill material shall be sufficient to secure proper compaction. (An indication of sufficient moisture content is that when kneaded by hand the soil should just form a ball which does not readily separate. The engineer may specify other methods of testing moisture content if appropriate). When it is necessary to use materials of varying texture and gradation, the more impervious material shall be placed in the upstream and center portions of the embankment and the more pervious material shall be placed in the downstream portion of the fill;

(vi) The embankment's combined upstream and downstream side slopes shall be no steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added together.); and

(vii) The minimum top width of the embankment shall be (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment.

(3) Siltation structures.

(a) Permanent and temporary siltation structures shall be designed in compliance with the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code. The design of any siltation structure shall be certified by an engineer experienced in impoundment design and construction. The certification shall state that the structure is designed to meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code.

(b) In addition to the requirements of paragraph (H)(1) of this rule, the plan shall include a determination of:

(i) The required sediment storage volume; and

(ii) The detention time provided by the pond.

(c) Each design plan for a siltation structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(4) Coal mine waste dams and embankments.

(a) Coal mine waste dams and embankments shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste dam or embankment shall be certified by an engineer experienced in design of similar earth and waste structures. The certification statement shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current, prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

(iv) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(c) Each design plan for a coal mine waste dam or embankment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(5) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions regarding impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank shall be certified by an engineer experienced in design of similar earth and waste structures. The certification shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current, prudent engineering practices.

(6) If the structure meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216 (a), or meets the significant hazard potential or high hazard potential classification (formerly called Class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(7) For further information about natural resources conservation service technical release TR-210-60, which is incorporated by reference in paragraph (H) of this rule, see paragraph (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.

(I) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.

(J) Protection of public parks and historic places.

(1) For any publicly owned parks or any places listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, that may be adversely affected by the proposed operation, each application shall describe the measures to be used:

(a) To prevent adverse impacts; or

(b) If valid existing rights exist or joint agency approval is to be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code to minimize adverse impacts. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html.

(2) The chief may require the applicant to protect historic or archeological properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (J)(1) of this rule, through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

(K) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:

(1) Conducting the proposed coal mining operation within one hundred feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or

(2) Relocating a public road.

(L) Transportation facilities.

(1) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross sections, and the following:

(a) Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

(b) A description of measures to be taken to obtain approval of the chief for alteration or relocation of a natural drainageway under rule 1501:13-10-01 of the Administrative Code;

(c) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the chief under rule 1501:13-10-01 of the Administrative Code;

(d) Drawings and specifications for each proposed ford of perennial or intermittent streams outside the mined-out area that is used as a temporary route, as necessary for approval of the ford by the chief in accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative Code; and

(e) A description of plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road embankments may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (G)(3) of rule 1501:13-10-01 of the Administrative Code:

(a) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(b) If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8h:1v, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(c) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(d) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(e) The moisture content of the fill material shall be sufficient to secure proper compaction;

(f) The side slopes of the embankment shall be no steeper than 2h:1v;

(g) Embankments with upstream and downstream slopes shall have a minimum top width of (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment;

(h) Hillside embankments shall have a minimum top width adequate for the intended use; and

(i) Culverts shall be placed such that the embankment, as defined in rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time.

(M) Subsidence control plan.

(1) The application shall include, for the shadow area, the most recent available U.S. geologic survey 7.5-minute topographic map showing:

(a) The extent of underground workings proposed for the term of the permit, including existing works that will continue to be used under the permit, all shown on a year-by-year basis;

(b) Those parts of the proposed underground workings from which there will be full coal recovery;

(c) The angle of draw for the workings described in paragraphs (M)(1)(a) and (M)(1)(b) of this rule; and

(d) Those areas in which measures will be taken to prevent or minimize subsidence and subsidence-related damage.

(2) The application shall include an inventory which shall show whether structures or renewable resource lands exist within the proposed permit and adjacent areas and whether subsidence, if it occurred, could cause material damage or diminution of the reasonably foreseeable use of such structures or renewable resource lands. If the inventory shows that no such structures or renewable resource lands exists or no such material damage or diminution could be caused in the event of mine subsidence, and if the chief agrees with such conclusion, no further information need be provided in the application under paragraphs (M)(2)(a) to (M)(2)(e) of this rule. In the event the inventory shows that such structures or renewable resource lands exist, and that subsidence could cause material damage or diminution of value or foreseeable use of such structures or renewable resource lands, or if the chief determines that such material damage or diminution could occur, the application shall include a subsidence control plan which shall contain the following information:

(a) A description of the method of coal removal, such as longwall, room-and-pillar removal, hydraulic mining, or other extraction methods, including the size, sequence, and timing for the development of underground workings;

(b) A map of the shadow area which describes the location and extent of areas in which planned-subsidence mining methods will be used and which includes all areas where the measures described in paragraphs (M)(2)(d) and (M)(2)(e) of this rule will be taken to prevent or minimize subsidence and subsidence-related damage; and, where appropriate, to correct subsidence-related material damage;

(c) A description of the physical conditions, such as depth of cover, seam thickness, and lithology, which affect the likelihood or extent of subsidence and subsidence-related damage;

(d) A description of monitoring, if any, needed to determine the commencement and degree of subsidence so that, when appropriate, other measures can be taken to prevent, reduce, or correct material damage in accordance with rule 1501:13-12-03 of the Administrative Code;

(e) Except for those areas where planned subsidence is projected to be used, a detailed description of the subsidence control measures that will be taken to prevent or minimize subsidence and subsidence-related damage, including such measures as:

(i) Backstowing or backfilling voids;

(ii) Leaving support pillars of coal;

(iii) Leaving areas in which no coal is removed, including a description of the overlying area to be protected by leaving the coal in place; and

(iv) Taking measures on the surface to prevent material damage or lessening of the value or reasonably foreseeable use of the surface;

(f) A description of the anticipated effects of planned subsidence, if any;

(g) A general description of the measures to be taken, in accordance with rule 1501:13-12-03 of the Administrative Code, to mitigate or remedy any subsidence-related damage to or diminution in value or reasonably foreseeable use of:

(i) The land; or

(ii) Structures, buildings, features, or facilities to the extent required pursuant to rule 1501:13-12-03 of the Administrative Code; and

(h) Other information required by the chief as necessary to demonstrate that the operation will be conducted in accordance with the performance standards of rule 1501:13-12-03 of the Administrative Code for subsidence control.

(N) Return of coal mine wastes to abandoned underground workings.

(1) Each application shall contain a plan for the return of coal mine wastes to abandoned underground workings. The plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the chief and MSHA under paragraph (A)(7) of rule 1501:13-9-09 of the Administrative Code.

(2) The plan shall describe the source and quality of waste to be stowed, area to be backfilled, per cent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling.

(3) The applicant shall describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime.

(4) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area.

(5) The requirements of paragraphs (N)(1) to (N)(4) of this rule shall also apply to pneumatic backfilling operations, except where the operations are exempted by the chief from requirements specifying hydrologic monitoring.

(O) Underground development waste. Each plan shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by underground mining surface operations and facilities according to rule 1501:13-9-07 of the Administrative Code. Each plan shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the structures and be prepared according to paragraph (P) of this rule.

(P) Disposal of excess spoil.

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to rule 1501:13-9-07 of the Administrative Code. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(a) The character of bedrock and any adverse geologic conditions in the disposal area;

(b) A survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;

(c) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(d) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(e) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(3) If, under paragraph (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or keyway cuts are required, the application shall include the following:

(a) The number, location, and depth of borings or test pits. The number, location, and depth shall be determined with respect to the size of the spoil disposal structure and sub-surface conditions; and

(b) Engineering specifications utilized to design the rock-toe buttresses or keyway cuts which shall be determined in accordance with paragraph (P)(2)(e) of this rule.

(Q) Air pollution control plan. For all underground mining surface operations, the application shall contain an air pollution control plan in order to address fugitive dust resulting from erosion. The plan shall include the following:

(1) An air quality monitoring program, if required by the chief, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (Q)(2) of this rule to comply with applicable federal and state air quality standards; and

(2) A plan for fugitive dust control practices.

(R) Fish and wildlife plan.

(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(a) The scope and level of detail for such information shall be determined by the chief in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (R)(2) of this rule.

(b) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary of the interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(2) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable.

(a) This description shall:

(i) Be consistent with the requirements of rule 1501:13-9-11 of the Administrative Code;

(ii) Apply, at a minimum, to species and habitats identified under paragraph (R)(1) of this rule;

(iii) Include protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(iv) Include enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(3) Fish and wildlife service review. Upon request, the chief shall provide the resource information required under paragraph (R)(1) of this rule and the protection and enhancement plan required under paragraph (R)(2) of this rule to the U.S. department of the interior, fish and wildlife service regional or field office for their review. This information shall be provided within ten days of receipt of the request from the service.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Chapter 1501:13-11 Transportation and Support Facilities and Utility Installation

Ohio Adm.Code 1501:13-11-01 Other transportation facilities.

Railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tramways, or other transportation facilities shall be designed, constructed or reconstructed, and maintained and the area restored to:

(A) Prevent, to the extent possible using the best technology currently available:

(1) Damage to fish, wildlife, and related environmental values; and

(2) Additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of state or federal law.

(B) Control and minimize diminution or degradation of water quality and quantity;

(C) Control and minimize erosion and siltation; and

(D) Prevent damage to public or private property.

Last updated February 27, 2023 at 10:00 AM

History

• Effective: October 27, 1982
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-11-02 Support facilities and utility installations.

(A) Each applicant for a coal mining and reclamation permit shall submit a description, plans and drawings for each support facility to be constructed, used or maintained within the proposed permit area, in addition to mapping of certain support facilities as required in paragraphs (A)(30) to (A)(36) of rule 1501:13-4-08 of the Administrative Code and paragraph (A)(23) of rule 1501:13-4-08.1 of the Administrative Code, submittal of narrative explanations and descriptions as required in paragraphs (A)(2)(b) and (B)(1) of rules 1501:13-4-05 and 1501:13-4-14 of the Administrative Code, and submittal of descriptions, including maps and cross-sections, as required in paragraph (M) of rule 1501:13-4-05 of the Administrative Code and paragraph (L) of rule 1501:13-4-14 of the Administrative Code. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with paragraph (B) of this rule.

(B) Support facilities required for, or used incidentally to, the operation of the mine, including, but not limited to, mine buildings, coal loading facilities at or near the minesite, coal storage facilities, equipment storage facilities, fan buildings, hoist buildings, preparation plants, sheds, shops, and other buildings, shall be designed, constructed or reconstructed and located to prevent or control erosion and siltation, water pollution, and damage to public or private property. Support facilities shall be designed, constructed or reconstructed, maintained and used in a manner which prevents, to the extent possible using the best technology currently available:

(1) Damage to fish, wildlife, and related environmental values;

(2) Additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of state or federal law.

(C) All coal mining operations shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells, oil, gas, and coal-slurry pipelines, railroads, electric lines, telephone and other telecommunication lines, and water and sewage lines which pass over, under, or through the permit area, unless otherwise approved by the owner of those facilities and the chief.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-08

This rule applies to coal mining operations, including underground mining surface operations, but does not apply to underground workings.

(A) Application map. The permit application shall include an application map prepared by or under the direction of and certified by a surveyor or jointly by a an engineer and a surveyor, to the extent such joint certification is required by state law, showing:

(1) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the proposed permit area; noting the boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin coal mining operations and which areas the applicant does not yet have this right;

(2) The location of all buildings on and within one thousand feet of the proposed permit area, with identification of the current use of the buildings using the map symbols set forth in rule 1501:13-4-10 of the Administrative Code;

(3) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area;

(4) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the chief, those surface waters which will receive discharges from affected areas in the proposed permit area and the location of any discharges to any surface body of water on or adjacent to the land to be affected;

(5) Each public road located in or within one hundred feet of the proposed permit area;

(6) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of rule 1501:13-4-04 of the Administrative Code, and known archeological sites within the proposed permit and adjacent areas;

(7) Each cemetery that is located in or within one hundred feet of the proposed permit area;

(8) Any land within the proposed permit area or adjacent area which is within the boundaries of any units of the national system of trails or the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., or study rivers or study river corridors as established in any guidelines pursuant to that act;

(9) The boundaries and names of counties, municipal corporations, townships, section and lot lines located in and within five hundred feet of the proposed permit area;

(10) The names, locations, and directions of flow of all perennial and intermittent streams located in and within five hundred feet of the proposed permit area;

(11) The name of the drainage basin in which the proposed permit area is located as listed in the "Gazetteer of Ohio Streams," published by the Ohio department of natural resources;

(12) That part of the proposed permit area that is prime farmland;

(13) The areas of land within the proposed permit area on which steep slope mining, mountaintop removal, and augering will be performed;

(14) The drainage control system within the proposed permit area to include the location of:

(a) Each sediment pond and the pond identification number;

(b) Any diversions; and

(c) Any treatment facilities;

(15) All haul roads and access roads proposed to be constructed within the proposed permit area in conjunction with the operations, and all existing haul roads and access roads within the proposed permit area to be used in conjunction with the operation;

(16) The location of the proposed final highwall for each coal seam to be mined within the proposed permit area;

(17) The point at which mining operations will begin and the point at which mining operations will end on the proposed permit area;

(18) Elevations and locations of test borings and core samplings;

(19) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

(20) All coal crop lines and the strike and dip of the coal to be mined in the proposed permit area;

(21) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface, within the proposed permit and adjacent areas;

(22) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas;

(23) Location and extent of existing or previously surface-mined areas within the proposed permit area;

(24) Location and extent of existing areas of spoil, waste, and refuse, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area;

(25) Location of gas and oil wells in and within twenty-five feet of the proposed permit area and the location of producing gas and oil wells in and within three hundred feet of the proposed permit area;

(26) Location of water wells in and within one thousand feet of the proposed permit area;

(27) The location and start and end points of all submitted cross sections within the proposed permit area;

(28) Sufficient slope measurements, in degrees, to adequately represent the existing land surface configuration of the proposed permit area;

(29) The boundaries of all areas proposed to be affected over the estimated total life of the proposed mining operation, with a description of size, sequence, and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;

(30) Buildings, utility corridors within the proposed permit area;

(31) Each coal storage, cleaning and loading area within the proposed permit area;

(32) Each topsoil, spoil, coal waste, and noncoal waste storage area within the proposed permit area;

(33) Each air pollution collection and control facility within the proposed permit area;

(34) Each facility to be used to protect and enhance fish and wildlife and related environmental values within the proposed permit area;

(35) Each explosive storage and handling facility within the proposed permit area;

(36) The location of each facility that will remain on the proposed permit area as a permanent feature after the completion of mining operations;

(37) The location of each water monitoring point within the proposed permit area;

(38) For underground mining surface operations, the location of each subsidence monitoring point within the proposed permit area; and

(39) Other relevant information required by the chief.

(B) Supplementary maps, cross sections, designs and plans. When necessary under these rules, the application shall include:

(1) Designs and plans prepared and certified by an engineer for the following:

(a) Sedimentation ponds, impoundments, coal mine waste banks, and coal mine waste dams;

(b) Spoil disposal facilities;

(c) The sealing or managing of any mine openings within the proposed permit area;

(d) Stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code; and

(e) Road stream crossings, bridges, culverts, drainages, ditches, drainage structures, road cuts, and fill embankments.

(2) Supplementary maps and cross sections, prepared by or under the direction of and certified by an engineer or jointly by an engineer and a surveyor to the extent such joint certification is required by state law, showing:

(a) Each sedimentation pond, permanent water impoundment, coal mine waste bank and coal mine waste dam;

(b) The fill area for the disposal of excess spoil;

(c) The nature, depth, and thickness of the coal seams to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;

(d) The permit area, the original surface topography and the proposed final surface contour;

(e) The location of the proposed final highwall;

(f) The location of each waste disposal facility relating to coal processing or pollution control;

(g) The location of any mine openings within the proposed permit area;

(h) Stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code; and

(i) Road widths, road gradients, road surfaces, road cuts, fill embankments, culverts, bridges, drainages, ditches, and drainage structures.

(C) Hydrologic map. Each application for a permit shall include a hydrologic map which, in addition to the applicable requirements of rules 1501:13-4-09 and 1501:13-4-10 of the Administrative Code, shall be at a scale of not more than five hundred feet to the inch. The hydrologic map shall be certified by a surveyor and, if required pursuant to paragraph (C) of rule 1501:13-4-09 of the Administrative Code, by an engineer. Except as provided in paragraph (D) of this rule, all hydrologic maps shall show the following:

(1) The proposed permit area;

(2) A line identifying the area within one thousand feet of the proposed permit area;

(3) All occupied buildings on or within one thousand feet of the proposed permit area;

(4) All perennial and intermittent streams on or within one thousand feet of the proposed permit area;

(5) The location of the coal outcrop on the proposed permit area and the name and number of each coal seam to be mined;

(6) The location of each cross-section drawn to show hydrogeologic information as required under paragraph (F) of this rule;

(7) The location and type of water supply used by the occupant of each building described in paragraph (C)(3) of this rule for the purpose of domestic, agricultural, or industrial use;

(8) All springs on or within one thousand feet of the proposed permit area;

(9) All seepage zones on and within one thousand feet of the proposed permit area;

(10) The location of sampling stations on each stream identified in paragraph (C)(4) of this rule at points just above and below the proposed permit area and the location and elevation of other sampling stations used to gather data on water quality and quantity in the preparation of the permit application;

(11) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface, within the proposed permit and adjacent areas;

(12) The location of monitoring stations, other than sediment pond outlets, to be monitored during the life of the permit;

(13) All existing water wells on or within one thousand feet of the proposed permit area;

(14) Any well, well field, reservoir, river, or other water source used for a public water supply on or within one thousand feet of the proposed permit area; and

(15) Any land determined to be eligible for remining.

(D)

(1) For the items listed in paragraphs (C)(3), (C)(4), and (C)(7) to (C)(14) of this rule, the chief may require additional information outside the thousand-foot limit to be shown on the hydrologic map if such identification is necessary based on site-specific conditions.

(2) The items listed in paragraphs (C)(3), (C)(7), (C)(8), (C)(9), (C)(10), (C)(11) and (C)(13) of this rule need not be shown on the hydrologic map when:

(a) They are located beyond an intermittent or perennial stream located within one thousand feet of the proposed permit area; and

(b) The lowest coal seam to be mined is at a higher elevation than such intermittent or perennial stream.

(E) The map symbols used to identify the items described in paragraphs (C)(8) to (C)(14) of this rule shall be highlighted in red on all hydrologic maps.

(F) Hydrologic cross-section. Each application for a permit shall include one or more cross-sections prepared by, or under the direction of, an engineer or a professional geologist showing:

(1) The location and extent of subsurface water, if encountered, within the proposed permit or adjacent areas;

(2) All wells, boreholes, piezometers, springs, or other features used to determine the configuration of the water table or potentiometric surface of each aquifer where such wells, boreholes, piezometers, springs, or other items fall on or reasonably close to the line of the cross-section;

(3) Within the permit and adjacent areas, all aquifers and the water table or potentiometric surface of each aquifer above the lowest coal seam to be mined and within the lowest coal seam to be mined if that seam is a water bearing stratum, and each potentially affected water bearing stratum below the lowest coal seam to be mined; and

(4) All coal seams to be mined.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated July 11, 2025 at 4:28 PM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-08.1

This rule applies only to underground workings.

(A) Application map. The permit application shall include an application map prepared by or under the direction of and certified by a surveyor or jointly by an engineer and a surveyor, to the extent such certification is required by state law, showing:

(1) All boundaries of land and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the proposed shadow area; noting the boundaries of land within the proposed shadow area upon which the applicant has the legal right to enter and begin coal mining operations and which areas the applicant does not yet have this right;

(2) The location of all buildings on and within one thousand feet of the proposed shadow area for full coal recovery mining operations and on and within three hundred feet of the proposed shadow area for room and pillar mining operations, with identification of the current use of the buildings using the map symbols set forth in rule 1501:13-4-10 of the Administrative Code;

(3) The location of surface and subsurface man-made features within, passing through, or passing over the proposed shadow and adjacent areas;

(4) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the chief, those surface waters which will receive discharges from the proposed shadow area and the location of any discharges to any surface body of water on or adjacent to the proposed shadow area;

(5) Each public road located within the proposed shadow and adjacent areas;

(6) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of rule 1501:13-4-13 of the Administrative Code, and known archeological sites within the proposed shadow and adjacent areas;

(7) Each cemetery that is located within the proposed shadow and adjacent areas;

(8) Any land within the proposed shadow area or adjacent area which is within the boundaries of any units of the national system of trails or the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., or study rivers or study river corridors as established in any guidelines pursuant to that act;

(9) The boundaries and names of counties, municipal corporations, townships, section and lot lines located in and within five hundred feet of the proposed shadow area;

(10) The names, locations, and directions of flow of all perennial and intermittent streams located in and within five hundred feet of the proposed shadow area;

(11) The name of the drainage basin in which the proposed shadow area is located as listed in the "Gazetteer of Ohio Streams," published by the Ohio department of natural resources;

(12) Elevations and locations of test borings and core samplings;

(13) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

(14) All coal contour lines and the strike and dip of the coal to be mined in the proposed shadow area;

(15) Location and extent of known workings of active, inactive or abandoned underground mines, including mine openings to the surface, within the proposed shadow and adjacent areas;

(16) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed shadow and adjacent areas;

(17) Location and extent of existing or previously surface-mined areas within the proposed shadow and adjacent areas;

(18) Location and extent of existing areas of waste, refuse, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed shadow and adjacent areas;

(19) Location of gas and oil wells in and within twenty-five feet of the proposed shadow area and the location of producing gas and oil wells in and within three hundred feet of the proposed shadow area;

(20) Location of water wells in the proposed shadow and adjacent areas;

(21) The location and start and end points of all submitted cross sections within the proposed shadow area;

(22) The boundaries of all areas proposed to be affected over the estimated total life of the proposed mining operation, with a description of size, sequence, and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;

(23) Buildings, utility corridors within the proposed shadow and adjacent areas;

(24) The location of each water monitoring point within the proposed shadow and adjacent areas;

(25) The location of each subsidence monitoring point within the proposed shadow area; and

(26) Other relevant information required by the chief.

(B) Supplementary maps and cross sections, designs and plans. When necessary under these rules, the application shall include:

(1) Supplementary maps and cross sections, prepared by or under the direction of and certified by an engineer or jointly by an engineer and a surveyor to the extent such joint certification is required by state law, showing the nature, depth, and thickness of the coal seams to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined; and

(2) Other relevant supplementary maps, cross sections, designs and plans required by the chief.

(C) Hydrologic map. Each application for a permit shall include a hydrologic map which, in addition to the applicable requirements of rules 1501:13-4-09 and 1501:13-4-10 of the Administrative Code, shall be at a scale of not more than five hundred feet to the inch. The hydrologic map shall be certified by a surveyor and, if required pursuant to paragraph (C) of rule 1501:13-4-09 of the Administrative Code, by an engineer. Except as provided in paragraph (D) of this rule, all hydrologic maps shall show the following:

(1) The proposed permit and shadow areas and the area within one thousand feet of the proposed shadow area for full coal recovery mining operations and within three hundred feet of the proposed shadow area for room and pillar mining operations;

(2) A line identifying the area within one thousand feet of the proposed shadow area a for full coal recovery mining operations and within three hundred feet of the proposed shadow area for room and pillar mining operations;

(3) All occupied buildings on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(4) All perennial and intermittent streams on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(5) The location of the coal outcrop on the proposed permit area and the name and number of each coal seam to be mined;

(6) The location of each cross-section drawn to show hydrogeologic information as required under paragraph (F) of this rule;

(7) The location and type of water supply used by the occupant of each building described in paragraph (C)(3) of this rule for the purpose of domestic, agricultural, or industrial use;

(8) All springs on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(9) All seepage zones on and within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations;

(10) The location of sampling stations on each stream identified in paragraph (C)(4) of this rule at points just above and below the proposed permit area and the location and elevation of other sampling stations used to gather data on water quality and quantity in the preparation of the permit application;

(11) Location and extent of known workings of active, inactive or abandoned underground mines, including mine openings to the surface, within the proposed shadow and adjacent areas;

(12) The location of monitoring stations, other than sediment pond outlets, to be monitored during the life of the permit;

(13) All existing water wells on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations; and

(14) Any well, well field, reservoir, river, or other water source used for a public water supply on or within one thousand feet of the proposed shadow area for full coal recovery mining operations and on or within three hundred feet of the proposed shadow area for room and pillar mining operations.

(D)

(1) For the items listed in paragraphs (C)(3), (C)(4), and (C)(7) to (C)(14) of this rule, the chief may require additional information outside the thousand-foot limit of the shadow area for full coal recovery mining operations or outside the three-hundred-foot limit of the proposed shadow area for room and pillar mining operations to be shown on the hydrologic map if such identification is necessary based on site-specific conditions.

(2) The items listed in paragraphs (C)(3), (C)(7), (C)(8), (C)(9), (C)(10), (C)(11), and (C)(13) of this rule need not be shown on the hydrologic map when:

(a) They are located beyond an intermittent or perennial stream located within one thousand feet of the proposed permit area; and

(b) The lowest coal seam to be mined is at a higher elevation than such intermittent or perennial stream.

(E) The map symbols used to identify the items described in paragraphs (C)(8) to (C)(14) of this rule shall be highlighted in red on all hydrologic maps.

(F) Hydrologic cross-section. Each application for a permit shall include one or more cross-sections prepared by, or under the direction of, an engineer or a professional geologist showing:

(1) The location and extent of subsurface water, if encountered, within the proposed shadow or adjacent areas;

(2) All wells, boreholes, piezometers, springs, or other features used to determine the configuration of the water table or potentiometric surface of each aquifer where such wells, boreholes, piezometers, springs, or other items fall on or reasonably close to the line of the cross-section;

(3) Within the proposed shadow and adjacent areas, all aquifers and the water table or potentiometric surface of each aquifer above the lowest coal seam to be mined and within the lowest coal seam to be mined if that seam is a water bearing stratum, and each potentially affected water bearing stratum below the lowest coal seam to be mined; and

(4) All coal seams to be mined.

(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 27, 2023 at 9:47 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-05

(A) Operation plan: general requirements.

(1) This rule shall apply only to coal mining operations other than underground mining operations.

(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations;

(i) The description shall identify the mining method as area mining, contour mining, another named mining method, or combination of methods to be identified by name;

(ii) For contour mining or area mining, the description shall include, at a minimum, the maximum extent of cover to be mined, the location where the mining will begin, the direction the mining will proceed, and the ending point of the operation. If the mining operation will utilize multiple pits, the description shall be included for each mining pit;

(iii) For mining methods other than area mining or contour mining, or for combinations of methods, the description shall include each of the items required under paragraph (A)(2)(a)(ii) of this rule and in addition shall include other information that demonstrates the orderly and reasonable progression of mining, including, but not limited to, spoil placement plans, proposed locations of haul roads that will be used or retained for an extended period of time, and the intended timing of mining operations;

(iv) The description shall specify for the mining method(s) proposed how the time and distance requirements of rule 1501:13-9-13 of the Administrative Code will be met; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code and is approved by the chief):

(i) Dams, embankments, and other impoundments;

(ii) Overburden and topsoil handling and storage areas and structures;

(iii) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(iv) Spoil, coal processing waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;

(v) Mine facilities; and

(vi) Water and air pollution control facilities.

(3) Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in the detail necessary for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(B) Operation plan: existing structures.

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal mining and reclamation operation. The description shall include:

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal mining and reclamation operation. The compliance plan shall include:

(a) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code;

(b) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(C) Operation plan: blasting. Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:

(1) Information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations;

(2) A description of any system to be used to monitor compliance with the airblast and ground vibration limits established under paragraph (C)(1) of this rule, including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring; and

(3) For blasting operations within five hundred feet of active underground mines, copies of the approvals given by the state and federal regulatory authorities concerned with the health and safety of underground miners.

(D) Reclamation plan: general requirements.

(1) Each application shall contain a plan for describing reclamation of the lands within the proposed permit area, showing how the applicant will comply with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder. The plan shall include, at a minimum, all information required under paragraphs (D) to (P) of this rule.

(2) Each plan shall contain, where appropriate, the following information for the proposed permit area:

(a) A detailed timetable for the completion of each major step in the reclamation plan which, at a minimum, addresses the reclamation timing requirements of paragraph (A) of rule 1501:13-9-13 of the Administrative Code, and is specific to the mining method described in accordance with paragraph (A)(2)(a) of this rule;

(b) A description of the backfilling, soil stabilization and grading;

(c) A description of the removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of rule 1501:13-9-03 of the Administrative Code. A demonstration of the suitability of topsoil substitutes or supplements under rule 1501:13-9-03 of the Administrative Code shall be based upon analysis of the thickness of soil horizons, total depth, texture, per cent coarse fragments, pH, and areal extent of the different kinds of soils. The chief may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(d) A description of the revegetation as required in rule 1501:13-9-15 of the Administrative Code, including, but not limited to, descriptions of the:

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(vi) Irrigation, if appropriate, and disease, pest and vermin control, if any; and

(vii) The measures proposed to be used to determine the success of revegetation as required under rule 1501:13-9-15 of the Administrative Code;

(e) A description of the measures to be used to maximize the use and conservation of the coal resources as required by rule 1501:13-9-05 of the Administrative Code;

(f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with paragraph (E) of rule 1501:13-9-09 of the Administrative Code and paragraph (J) of rule 1501:13-9-14 of the Administrative Code and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(g) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with rule 1501:13-9-02 of the Administrative Code; and

(h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and regulations and health and safety standards.

(E) Reclamation plan: protection of the hydrologic balance.

(1) Each application shall contain a plan for the protection of the hydrologic balance. The plan shall be specific to the local hydrologic conditions and shall describe the measures to be taken during and after the proposed coal mining operations in accordance with rule 1501:13-9-04 of the Administrative Code to:

(a) Minimize disturbance to the hydrologic balance within the permit and adjacent areas and to prevent material damage outside the permit area;

(b) Protect the rights of present users of surface and ground water;

(c) Avoid acid or toxic drainage;

(d) Control surface water drainage into, through, and out of the proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative Code;

(e) Treat, when required under these rules, surface and ground water drainage from the area to be disturbed by the proposed activities, so as not to exceed quantitative limits on pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the Administrative Code;

(f) Restore the approximate recharge capacity of the proposed permit area in accordance with paragraph (L) of rule 1501:13-9-04 of the Administrative Code and protect or replace rights of present water users;

(g) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area. Vegetation may be determined by the chief to be the best technology currently available upon a demonstration by the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule 1501:13-9-04 of the Administrative Code have been met. If the applicant proposes to make such a demonstration after vegetation is established and remove siltation structures sooner than two years after the last augmented seeding of a drainage area, the applicant shall state such intentions in the timetable and plans for removal of sediment control structures required by paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;

(h) Address any potential adverse hydrologic consequences identified in the determination of probable hydrologic consequences under paragraph (E)(2) of this rule and include preventative and remedial measures; and

(i) Meet applicable state and federal water quality laws and regulations.

(2) Determination of probable hydrologic consequences (PHC).

(a) The plan shall include a determination of the probable hydrologic consequences of the proposed coal mining operations on the proposed permit area and adjacent areas. This determination shall be based on baseline hydrologic, geologic and other information collected for the permit application with respect to the hydrologic regime, providing information on the quantity and quality of water in surface and ground-water systems under seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, and total manganese.

(b) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area;

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(c) Flooding or streamflow alteration;

(d) Ground-water and surface-water availability; and

(e) Other characteristics as required by the chief.

(c) An application for a permit revision shall be reviewed by the chief to determine whether a new or updated PHC determination shall be required.

(F) Ground-water and surface-water monitoring plans.

(1) Ground-water monitoring plan.

(a) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (E)(1) of this rule. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, specific conductance corrected to twenty-five degrees centigrade, pH, total iron, total manganese, and water levels shall be monitored. The data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(b) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the general area, then monitoring of that stratum may be waived by the chief.

(2) Surface-water monitoring plan.

(a) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R. part 434.

(b) The plan shall identify the surface-water quantity and the quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in the permit and adjacent areas, surface-water bodies such as streams, lakes and impoundments, that are potentially affected or into which water will be discharged, and at upstream monitoring locations, the specific conductance corrected to twenty-five degrees centigrade, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.

(iii) The data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(G) Reclamation plan: postmining land uses.

(1) Each application shall contain a plan for the postmining land use. The plan shall describe the proposed use following reclamation of the land within the proposed permit area including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and

(b) When a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under these rules.

(2) The plan shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation. In cases where no surface disturbance will result from the applicant's proposed use of auger/highwall mining, this paragraph shall not apply.

(3) The plan shall describe the consideration which has been given to making all of the proposed coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.

(1) General requirements.

(a) Each application shall include a detailed design plan for each proposed siltation structure, water impoundment, and coal mine waste bank, dam, or embankment within the proposed permit area. Each plan shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(b) Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (H)(1)(b) of this rule, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any design and construction requirements for the structure, including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(2) Impoundments.

(a) Permanent and temporary impoundments shall be designed in compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any impoundment shall be certified by an engineer experienced in impoundment design and construction. The certification statement shall state that the structure is designed to meet the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each design plan for an impoundment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a). The plan required to be submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be submitted to the chief as part of the permit application.

(c) Impoundments not meeting the size or other criteria of paragraph (H)(1)(b) of this rule may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative Code:

(i) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(ii) If the natural slope of the foundation as measured at right angles to the embankment center line is steeper than 10:1V (ten per cent), the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(iii) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(iv) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(v) The moisture content of the fill material shall be sufficient to secure proper compaction. (An indication of sufficient moisture content is that when kneaded by hand the soil should just form a ball which does not readily separate. The engineer may specify other methods of testing moisture content, if appropriate.) When it is necessary to use materials of varying texture and gradation, the more impervious material shall be placed in the upstream and center portions of the embankment and the more pervious material shall be placed in the downstream portion of the fill;

(vi) The embankment's combined upstream and downstream side slopes shall be no steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added together.); and

(vii) The minimum top width of the embankment shall be (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment.

(3) Siltation structures.

(a) Permanent and temporary siltation structures shall be designed in compliance with the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code. The design of any siltation structure shall be certified by an engineer experienced in impoundment design and construction. The certification shall state that the structure is designed to meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code.

(b) In addition to the requirements of paragraph (H)(1) of this rule, the plan shall include a determination of:

(i) The required sediment storage volume; and

(ii) The detention time provided by the pond.

(c) Each design plan for a siltation structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(4) Coal mine waste dams and embankments.

(a) Coal mine waste dams and embankments shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste dam or embankment shall be certified by an engineer experienced in design of similar earth and waste structures. The certification statement shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current, prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

(iv) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(c) Each design plan for a coal mine waste dam or embankment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(5) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions regarding impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank shall be certified by an engineer experienced in design of similar earth and waste structures. The certification shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current, prudent engineering practices.

(6) If the structure meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called Class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(7) For further information about natural resources conservation service technical release TR-210-60, which is incorporated by reference in paragraph (H) of this rule, see paragraph (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.

(I) Surface mining near underground mining. For surface mining operations within the proposed permit area to be conducted within five hundred feet of an underground mine either active or abandoned, the application shall describe the measures to be used to comply with rule 1501:13-9-08 of the Administrative Code.

(J) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.

(K) Protection of public parks and historic places.

(1) For any publicly owned parks or any places listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, that may be adversely affected by the proposed operation, each application shall describe the measures to be used:

(a) To prevent adverse impacts; or

(b) If valid existing rights exist or joint agency approval is to be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code, to minimize adverse impacts. The website for the "National Register of Historic Places" for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html.

(2) The chief may require the applicant to protect historic or archeological properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (K)(1) of this rule, through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

(L) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:

(1) Conducting the proposed coal mining operations within one hundred feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or

(2) Relocating a public road.

(M) Transportation facilities.

(1) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross sections, and the following:

(a) Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

(b) A description of measures to be taken to obtain approval of the chief for alteration or relocation of a natural drainageway under rule 1501:13-10-01 of the Administrative Code;

(c) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the chief under rule 1501:13-10-01 of the Administrative Code;

(d) Drawings and specifications for each proposed ford of perennial or intermittent streams outside the mined-out area that is used as a temporary route, as necessary for approval of the ford by the chief in accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative Code; and

(e) A description of plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road embankments may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (G)(3) of rule 1501:13-10-01 of the Administrative Code:

(a) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(b) If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8h:1v, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(c) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(d) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(e) The moisture content of the fill material shall be sufficient to secure proper compaction;

(f) The side slopes of the embankment shall be no steeper than 2h:1v;

(g) Embankments with upstream and downstream slopes shall have a minimum top width of (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment;

(h) Hillside embankments shall have a minimum top width adequate for the intended use; and

(i) Culverts shall be placed such that the embankment, as defined in rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time.

(N) Disposal of excess spoil.

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to rule 1501:13-9-07 of the Administrative Code. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(a) The character of bedrock and any adverse geologic conditions in the disposal area;

(b) A survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;

(c) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(d) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(e) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(3) If, under paragraph (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or keyway cuts are required, the application shall include the following:

(a) The number, location and depth of borings or test pits. The number, location and depth shall be determined with respect to the size of the spoil disposal structure and sub-surface conditions; and

(b) Engineering specifications utilized to design the rock-toe buttresses or key-way cuts which shall be determined in accordance with paragraph (N)(2)(e) of this rule.

(O) Air pollution control plan. Each application shall contain an air pollution control plan, in order to address fugitive dust resulting from erosion. The plan shall include the following:

(1) An air quality monitoring program, if required by the chief, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (O)(2) of this rule to comply with applicable federal and state air quality standards; and

(2) A plan for fugitive dust control practices.

(P) Fish and wildlife plan.

(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(a) The scope and level of detail for such information shall be determined by the chief in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (P)(2) of this rule.

(b) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary of the interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(2) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable.

(a) This description shall:

(i) Be consistent with the requirements of rule 1501:13-9-11 of the Administrative Code;

(ii) Apply, at a minimum, to species and habitats identified under paragraph (P)(1) of this rule;

(iii) Include protective measures that will be used during the active mining phase of the operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(iv) Include enhancement measures that will be used during the reclamation and postmining phase of the operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(3) Fish and wildlife service review. Upon request, the chief shall provide the resource information required under paragraph (P)(1) of this rule and the protection and enhancement plan required under paragraph (P)(2) of this rule to the U.S. department of the interior, fish and wildlife service regional or field office for their review. This information shall be provided within ten days of receipt of the request from the service.

(Q) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-14

(A) Operation plan: general requirements.

(1) This rule shall apply only to underground mining operations.

(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine including:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code and is approved by the chief):

(i) Dams, embankments, and other impoundments;

(ii) Overburden and topsoil handling and storage areas and structures;

(iii) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(iv) Spoil, coal processing, waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;

(v) Mine facilities; and

(vi) Water and air pollution control facilities.

(3) Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in the detail necessary for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(B) Operation plan: existing structures.

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal mining and reclamation operation. The description shall include:

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) A showing, including relevant monitoring data or other evidence, of whether the structure meets the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal mining and reclamation operation. The compliance plan shall include:

(a) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code;

(b) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(C) Operation plan: blasting. If surface blasting incident to the underground mine operation is to be conducted, the application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:

(1) Information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations;

(2) Description of any system to be used to monitor compliance with the airblast and ground vibration limits established under paragraph (C)(1) of this rule, including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring; and

(3) For blasting operations within five hundred feet of active underground mines, copies of the approvals given by the state and federal authorities concerned with the health and safety of underground miners.

(D) Reclamation plan: general requirements.

(1) Each application shall contain a plan for describing reclamation of the lands within the proposed permit area, showing how the applicant will comply with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder. The plan shall include, at a minimum, all information required under paragraphs (D) to (R) of this rule.

(2) Each plan shall contain, where appropriate, the following information for the proposed permit area:

(a) A detailed timetable for the completion of each major step in the reclamation plan;

(b) A plan for the backfilling, soil stabilization, compacting, and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with rule 1501:13-9-14 of the Administrative Code;

(c) A description of the removal, storage, and redistribution of the topsoil, subsoil, and other material to meet the requirements of rule 1501:13-9-03 of the Administrative Code. A demonstration of the suitability of topsoil substitutes or supplements under rule 1501:13-9-03 of the Administrative Code shall be based upon analysis of the thickness of soil horizons, total depth, texture, per cent coarse fragments, pH, and areal extent of the different kinds of soils. The chief may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(d) A description of the revegetation as required in rule 1501:13-9-15 of the Administrative Code, including, but not limited to, descriptions of the:

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(vi) Irrigation, if appropriate, and disease, pest and vermin control, if any; and

(vii) The measures proposed to be used to determine the success of revegetation as required under rule 1501:13-9-15 of the Administrative Code;

(e) A description of the measures to be used to maximize the use and conservation of the coal resources as required by rule 1501:13-9-05 of the Administrative Code;

(f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials and materials constituting a fire hazard are disposed of in accordance with paragraph (E) of rule 1501:13-9-09 and paragraph (J) of rule 1501:13-9-14 of the Administrative Code and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(g) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings and to plug, case or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with rule 1501:13-9-02 of the Administrative Code; and

(h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and regulations and health and safety standards.

(E) Reclamation plan: protection of hydrologic balance.

(1) Each application shall contain a plan for the protection of the hydrologic balance. The plan shall be specific to the local hydrologic conditions and shall describe the measures to be taken during and after the proposed underground mining operations in accordance with rule 1501:13-9-04 of the Administrative Code to:

(a) Minimize disturbance to the hydrologic balance within the permit and adjacent areas and to prevent material damage outside the permit area;

(b) Protect the rights of present users of surface and ground waters within the permit area and adjacent areas;

(c) Avoid acid or toxic drainage;

(d) Control surface-water drainage into, through, and out of the proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative Code;

(e) Treat, when required under these rules, surface- and ground-water drainage from the area to be disturbed by the proposed underground mining surface operations, so as not to exceed quantitative limits on pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the Administrative Code;

(f) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area. Vegetation may be determined by the chief to be the best technology currently available upon a demonstration by the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule 1501:13-9-04 of the Administrative Code have been met. If the applicant proposes to make such a demonstration after vegetation is established and remove siltation structures sooner than two years after the last augmented seeding of a drainage area, the applicant shall state such intentions in the timetable and plans for removal of sediment control structures required by paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;

(g) Address any potential adverse hydrologic consequences identified in the determination of probable hydrologic consequences under paragraph (E)(2) of this rule and include preventative and remedial measures; and

(h) Meet applicable federal and state water quality laws and regulations.

(2) Determination of probable hydrologic consequences (PHC).

(a) The plan shall include a determination of the probable hydrologic consequences of the proposed underground mining operations on the proposed permit area and adjacent areas. This determination shall be based on baseline hydrologic, geologic and other information collected for the permit application with respect to the hydrologic regime, providing information on the quantity and quality of water in surface- and ground-water systems under seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, and total manganese.

(b) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area;

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(c) Flooding or streamflow alteration;

(d) Ground-water and surface-water availability; and

(e) Other characteristics as required by the chief.

(c) An application for a permit revision shall be reviewed by the chief to determine whether a new or updated PHC determination shall be required.

(3) Each plan shall contain a detailed description, with appropriate drawings, of permanent entry seals and downslope barriers designed to ensure stability under anticipated hydraulic heads developed while promoting mine inundation after mine closure for the proposed permit area.

(F) Ground-water and surface-water monitoring plans.

(1) Ground-water monitoring plan.

(a) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (E)(1) of this rule. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, specific conductance corrected to twenty-five degrees centigrade, pH, total iron, total manganese, and water levels shall be monitored. Data resulting from monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(b) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the general area, then monitoring of that stratum may be waived by the chief.

(2) Surface-water monitoring plan.

(a) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R. part 434.

(b) The plan shall identify the surface-water quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in the permit and adjacent areas, surface-water bodies such as streams, lakes and impoundments, that are potentially affected or into which water will be discharged, and at upstream monitoring locations, the specific conductance corrected to twenty-five degrees centigrade, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.

(iii) Data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(G) Reclamation plan: postmining land uses.

(1) Each application shall contain a plan for the postmining land use. The plan shall describe the proposed use following reclamation of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use polices and plans. This description shall explain:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and

(b) When a land use different from the premining land use is proposed, all materials needed for approval of the alternatives used under these rules.

(2) The plan shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.

(3) The plan shall describe the consideration which has been given to making all of the proposed coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.

(1) General requirements.

(a) Each application shall include a detailed design plan for each proposed siltation structure, water impoundment, and coal mine waste bank, dam, or embankment within the proposed permit area. Each plan shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(b) Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (H)(1)(b) of this rule, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any design and construction requirements for the structure including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(2) Impoundments.

(a) Permanent and temporary impoundments shall be designed in compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any impoundment shall be certified by an engineer experienced in impoundment design and construction. The certification statement shall state that the structure is designed to meet the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each design plan for an impoundment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a). The plan required to be submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be submitted to the chief as part of the permit application.

(c) Impoundments not meeting the size or other criteria of paragraph (H)(1)(b) of this rule may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative Code:

(i) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(ii) If the natural slope of the foundation as measured at right angles to the embankment center line is steeper than 10h:1v (ten per cent), the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(iii) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(iv) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(v) The moisture content of the fill material shall be sufficient to secure proper compaction. (An indication of sufficient moisture content is that when kneaded by hand the soil should just form a ball which does not readily separate. The engineer may specify other methods of testing moisture content if appropriate). When it is necessary to use materials of varying texture and gradation, the more impervious material shall be placed in the upstream and center portions of the embankment and the more pervious material shall be placed in the downstream portion of the fill;

(vi) The embankment's combined upstream and downstream side slopes shall be no steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added together.); and

(vii) The minimum top width of the embankment shall be (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment.

(3) Siltation structures.

(a) Permanent and temporary siltation structures shall be designed in compliance with the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code. The design of any siltation structure shall be certified by an engineer experienced in impoundment design and construction. The certification shall state that the structure is designed to meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code.

(b) In addition to the requirements of paragraph (H)(1) of this rule, the plan shall include a determination of:

(i) The required sediment storage volume; and

(ii) The detention time provided by the pond.

(c) Each design plan for a siltation structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(4) Coal mine waste dams and embankments.

(a) Coal mine waste dams and embankments shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste dam or embankment shall be certified by an engineer experienced in design of similar earth and waste structures. The certification statement shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current, prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

(iv) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(c) Each design plan for a coal mine waste dam or embankment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(5) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions regarding impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank shall be certified by an engineer experienced in design of similar earth and waste structures. The certification shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current, prudent engineering practices.

(6) If the structure meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216 (a), or meets the significant hazard potential or high hazard potential classification (formerly called Class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(7) For further information about natural resources conservation service technical release TR-210-60, which is incorporated by reference in paragraph (H) of this rule, see paragraph (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.

(I) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.

(J) Protection of public parks and historic places.

(1) For any publicly owned parks or any places listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, that may be adversely affected by the proposed operation, each application shall describe the measures to be used:

(a) To prevent adverse impacts; or

(b) If valid existing rights exist or joint agency approval is to be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code to minimize adverse impacts. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html.

(2) The chief may require the applicant to protect historic or archeological properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (J)(1) of this rule, through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

(K) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:

(1) Conducting the proposed coal mining operation within one hundred feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or

(2) Relocating a public road.

(L) Transportation facilities.

(1) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross sections, and the following:

(a) Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

(b) A description of measures to be taken to obtain approval of the chief for alteration or relocation of a natural drainageway under rule 1501:13-10-01 of the Administrative Code;

(c) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the chief under rule 1501:13-10-01 of the Administrative Code;

(d) Drawings and specifications for each proposed ford of perennial or intermittent streams outside the mined-out area that is used as a temporary route, as necessary for approval of the ford by the chief in accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative Code; and

(e) A description of plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road embankments may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (G)(3) of rule 1501:13-10-01 of the Administrative Code:

(a) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(b) If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8h:1v, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(c) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(d) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(e) The moisture content of the fill material shall be sufficient to secure proper compaction;

(f) The side slopes of the embankment shall be no steeper than 2h:1v;

(g) Embankments with upstream and downstream slopes shall have a minimum top width of (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment;

(h) Hillside embankments shall have a minimum top width adequate for the intended use; and

(i) Culverts shall be placed such that the embankment, as defined in rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time.

(M) Subsidence control plan.

(1) The application shall include, for the shadow area, the most recent available U.S. geologic survey 7.5-minute topographic map showing:

(a) The extent of underground workings proposed for the term of the permit, including existing works that will continue to be used under the permit, all shown on a year-by-year basis;

(b) Those parts of the proposed underground workings from which there will be full coal recovery;

(c) The angle of draw for the workings described in paragraphs (M)(1)(a) and (M)(1)(b) of this rule; and

(d) Those areas in which measures will be taken to prevent or minimize subsidence and subsidence-related damage.

(2) The application shall include an inventory which shall show whether structures or renewable resource lands exist within the proposed permit and adjacent areas and whether subsidence, if it occurred, could cause material damage or diminution of the reasonably foreseeable use of such structures or renewable resource lands. If the inventory shows that no such structures or renewable resource lands exists or no such material damage or diminution could be caused in the event of mine subsidence, and if the chief agrees with such conclusion, no further information need be provided in the application under paragraphs (M)(2)(a) to (M)(2)(e) of this rule. In the event the inventory shows that such structures or renewable resource lands exist, and that subsidence could cause material damage or diminution of value or foreseeable use of such structures or renewable resource lands, or if the chief determines that such material damage or diminution could occur, the application shall include a subsidence control plan which shall contain the following information:

(a) A description of the method of coal removal, such as longwall, room-and-pillar removal, hydraulic mining, or other extraction methods, including the size, sequence, and timing for the development of underground workings;

(b) A map of the shadow area which describes the location and extent of areas in which planned-subsidence mining methods will be used and which includes all areas where the measures described in paragraphs (M)(2)(d) and (M)(2)(e) of this rule will be taken to prevent or minimize subsidence and subsidence-related damage; and, where appropriate, to correct subsidence-related material damage;

(c) A description of the physical conditions, such as depth of cover, seam thickness, and lithology, which affect the likelihood or extent of subsidence and subsidence-related damage;

(d) A description of monitoring, if any, needed to determine the commencement and degree of subsidence so that, when appropriate, other measures can be taken to prevent, reduce, or correct material damage in accordance with rule 1501:13-12-03 of the Administrative Code;

(e) Except for those areas where planned subsidence is projected to be used, a detailed description of the subsidence control measures that will be taken to prevent or minimize subsidence and subsidence-related damage, including such measures as:

(i) Backstowing or backfilling voids;

(ii) Leaving support pillars of coal;

(iii) Leaving areas in which no coal is removed, including a description of the overlying area to be protected by leaving the coal in place; and

(iv) Taking measures on the surface to prevent material damage or lessening of the value or reasonably foreseeable use of the surface;

(f) A description of the anticipated effects of planned subsidence, if any;

(g) A general description of the measures to be taken, in accordance with rule 1501:13-12-03 of the Administrative Code, to mitigate or remedy any subsidence-related damage to or diminution in value or reasonably foreseeable use of:

(i) The land; or

(ii) Structures, buildings, features, or facilities to the extent required pursuant to rule 1501:13-12-03 of the Administrative Code; and

(h) Other information required by the chief as necessary to demonstrate that the operation will be conducted in accordance with the performance standards of rule 1501:13-12-03 of the Administrative Code for subsidence control.

(N) Return of coal mine wastes to abandoned underground workings.

(1) Each application shall contain a plan for the return of coal mine wastes to abandoned underground workings. The plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the chief and MSHA under paragraph (A)(7) of rule 1501:13-9-09 of the Administrative Code.

(2) The plan shall describe the source and quality of waste to be stowed, area to be backfilled, per cent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling.

(3) The applicant shall describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime.

(4) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area.

(5) The requirements of paragraphs (N)(1) to (N)(4) of this rule shall also apply to pneumatic backfilling operations, except where the operations are exempted by the chief from requirements specifying hydrologic monitoring.

(O) Underground development waste. Each plan shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by underground mining surface operations and facilities according to rule 1501:13-9-07 of the Administrative Code. Each plan shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the structures and be prepared according to paragraph (P) of this rule.

(P) Disposal of excess spoil.

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to rule 1501:13-9-07 of the Administrative Code. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(a) The character of bedrock and any adverse geologic conditions in the disposal area;

(b) A survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;

(c) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(d) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(e) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(3) If, under paragraph (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or keyway cuts are required, the application shall include the following:

(a) The number, location, and depth of borings or test pits. The number, location, and depth shall be determined with respect to the size of the spoil disposal structure and sub-surface conditions; and

(b) Engineering specifications utilized to design the rock-toe buttresses or keyway cuts which shall be determined in accordance with paragraph (P)(2)(e) of this rule.

(Q) Air pollution control plan. For all underground mining surface operations, the application shall contain an air pollution control plan in order to address fugitive dust resulting from erosion. The plan shall include the following:

(1) An air quality monitoring program, if required by the chief, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (Q)(2) of this rule to comply with applicable federal and state air quality standards; and

(2) A plan for fugitive dust control practices.

(R) Fish and wildlife plan.

(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(a) The scope and level of detail for such information shall be determined by the chief in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (R)(2) of this rule.

(b) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary of the interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(2) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable.

(a) This description shall:

(i) Be consistent with the requirements of rule 1501:13-9-11 of the Administrative Code;

(ii) Apply, at a minimum, to species and habitats identified under paragraph (R)(1) of this rule;

(iii) Include protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(iv) Include enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(3) Fish and wildlife service review. Upon request, the chief shall provide the resource information required under paragraph (R)(1) of this rule and the protection and enhancement plan required under paragraph (R)(2) of this rule to the U.S. department of the interior, fish and wildlife service regional or field office for their review. This information shall be provided within ten days of receipt of the request from the service.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Chapter 1501:13-12 Underground Operations; Subsidence Control

Ohio Adm.Code 1501:13-12-01 Underground operations.

(A) Underground operations shall comply with Chapters 1501:13-1 to 1501:13-14 of the Administrative Code except where indicated otherwise.

(B) Underground operations shall comply with all applicable requirements of Chapter 1513. of the Revised Code.

Last updated February 27, 2023 at 10:00 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-12-03 Subsidence control.

(A) The permittee shall either:

(1) Adopt measures consistent with known technology which prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lands; or

(2) Adopt mining technology which provides for planned subsidence in a predictable and controlled manner. Nothing in this part shall be construed to prohibit the standard method of room-and-pillar mining.

(B) The permittee and the operator shall comply with all provisions of the approved subsidence-control plan prepared pursuant to paragraph (M) of rule 1501:13-4-14 of the Administrative Code.

(C) The chief or his or her authorized representative shall notify the permittee of any material damage to structures or surface land, or of any failure to maintain the value or reasonably foreseeable use of surface lands. Except where such damage or failure may be a part of a set of circumstances which constitute a violation (for example, material damage which results from a failure to adopt measures consistent with known technology which prevent subsidence from causing material damage), notification shall be by letter, electronic mail or inspection report and shall not be deemed a notice of violation. Such notification shall not be subject to formal review by the chief, the reclamation commission, or the courts unless and until it serves as the basis for issuance of a notice of violation or chief's order.

(D) The underground mine permittee shall correct any material damage caused to surface lands, to the extent technologically and economically feasible, by restoring the land surface to a condition capable of maintaining the value and reasonably foreseeable uses which it was capable of supporting before subsidence.

(E) Any agreement between the permittee and a surface owner which addresses the repair of or the compensation for damage to the surface owner's structures shall take precedence over the provisions of this rule and the provisions of this rule shall not apply to any damage to such structures.

(F) If the permittee and the owner of structures have no agreement for repair and compensation, the permittee shall promptly repair, or compensate the owner for, material damage resulting from subsidence caused to any non-commercial building or occupied residential dwelling and structures related thereto that existed at the time of mining. If the repair option is selected, the permittee shall fully rehabilitate, restore or replace the damaged structure. If compensation is selected, the permittee shall compensate the owner of the damaged structure for the full amount of the diminution in value resulting from the subsidence-related damage. The permittee may provide compensation by the purchase, prior to mining, of a non-cancelable premium-prepaid insurance policy for the structures in addition to that required by rule 1501:13-7-07 of the Administrative Code. Structures or facilities not listed in paragraphs (J)(1) to (J)(3) of this rule shall be exempted from the requirements of this paragraph if the permittee or operator submits to the chief copies of documents showing clearly and convincingly that, and the chief determines that, the owner of the structure or facility is the permittee or operator.

(G) If and when subsidence occurs which causes material damage to structures listed in paragraphs (J)(1) to (J)(3) of this rule, or to surface lands, or reduces the foreseeable use or value of surface lands, the underground permittee shall submit to the chief within thirty days after the damage occurs:

(1) Site specific plans for the repair or mitigation of the damage, including a time schedule for performance of the remedial actions;

(2) A request for more time to prepare such plans; or

(3) Written or electronic notification that the permittee feels repair or restoration measures are not technologically feasible. If repair or restoration measures are not desired by the owner of a structure or if repair or restoration measures are not technologically feasible, describe other mitigatory measures to be taken as provided for in this rule.

(H) If and when subsidence causes material damage to any non-commercial building or occupied residential dwelling and structures related thereto that existed at the time of mining, and if the permittee has not reached an agreement with the owner of the structure:

(1) The underground permittee or operator shall submit to the chief within thirty days after receipt of the notice provided under paragraph (C) of this rule:

(a) Site specific plans for the repair of or compensation for the damage, including a time schedule for repair or compensation; or

(b) A request for more time to prepare such plans;

(2) The permittee or operator shall fully perform the obligations specified in any plan submitted in accordance with paragraph (H)(1) of this rule within the time period stated in the plan, provided that the surface owner does not prevent the permittee or operator from performing his or her obligations under the plan; and

(3) If the surface owner prevents the implementation of the permittee's or operator's plan for repair or compensation, then the chief shall take no further action and the surface owner may pursue whatever private rights of action may be available to the surface owner.

(I) All remedial, restoration, and mitigatory actions required under this rule shall be performed as soon as practicable.

(J) Unless the subsidence control plan demonstrates that subsidence will not cause material damage or reduce the reasonably foreseeable use of such features or facilities, underground mining activities shall not be conducted beneath or adjacent to:

(1) Public buildings and facilities;

(2) Churches, schools, and hospitals; or

(3) Impoundments with a storage capacity of twenty acre feet or more, or bodies of water with a volume of twenty acre feet or more.

(K) If the chief determines that it is necessary in order to minimize the potential for material damage to the features or facilities described in paragraphs (J)(1) to (J)(3) of this rule or to any aquifer or body of water that serves as a significant water source for any public water supply system and to protect the public health and safety, he or she may limit the percentage of coal extraction under or adjacent to such features or facilities.

(L) If subsidence causes or does material damage to any of the features or facilities covered by paragraphs (J)(1) to (J)(3) of this rule, the chief may suspend mining under or adjacent to such features or facilities until the subsidence control plan is modified to ensure prevention of material damage to such features or facilities.

(M) The chief shall suspend underground coal mining operations under urbanized areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments, or perennial streams, if imminent danger is found to inhabitants of the urbanized areas, cities, towns, or communities.

(N) Within a schedule approved by the chief, the permittee shall submit a detailed plan of the underground workings. The detailed plan shall include maps and descriptions, as appropriate, of significant features of the underground mine, including pillar and entry size, configuration, and approximate locations; extraction ratios; measures taken to prevent or minimize subsidence and related damage; areas of full extraction; and other information required by the chief. Upon request of the permittee, information submitted with the detailed plan may be held as confidential. As a means of complying with the requirements of this paragraph, the permittee may submit a copy of the mine map submitted to the division of mineral resources management pursuant to section 1563.04 of the Revised Code supplemented with any items needed to meet all the requirements of this paragraph.

(O) Surface owner notification. The permittee shall mail or send by another method able to track receipt of delivery a written notice to owners and occupants of surface property or structures, including wells and buried oil, gas, or utility lines, of the intention of the permittee to mine under such property or structures. Notification shall be mailed at least six months before the mining is to occur or, if a lesser period is approved by the chief, may be mailed less than six months before mining is to occur. The notice shall contain:

(1) Identification of specific areas in which mining will take place;

(2) Approximate dates that specific areas will be undermined;

(3) The location or locations where the subsidence control plan of the permittee may be examined; and

(4) A statement of the permittee's intent to conduct a pre-subsidence survey of all structures, buildings, features and facilities protected under this rule to determine their condition prior to mining, including information on when the survey will be conducted and the area the survey will include. The permittee shall prepare a written report of the survey and provide a copy to the owner or resident of the property which is the subject of the survey and retain a copy for inspection by the chief.

Last updated February 14, 2022 at 1:23 PM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-14

(A) Operation plan: general requirements.

(1) This rule shall apply only to underground mining operations.

(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine including:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code and is approved by the chief):

(i) Dams, embankments, and other impoundments;

(ii) Overburden and topsoil handling and storage areas and structures;

(iii) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(iv) Spoil, coal processing, waste, and noncoal waste removal, handling, storage, transportation, and disposal areas and structures;

(v) Mine facilities; and

(vi) Water and air pollution control facilities.

(3) Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in the detail necessary for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(B) Operation plan: existing structures.

(1) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal mining and reclamation operation. The description shall include:

(a) Location;

(b) Plans of the structure which describe its current condition;

(c) Approximate dates on which construction of the existing structure was begun and completed; and

(d) A showing, including relevant monitoring data or other evidence, of whether the structure meets the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code.

(2) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal mining and reclamation operation. The compliance plan shall include:

(a) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code;

(b) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(c) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met; and

(d) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(C) Operation plan: blasting. If surface blasting incident to the underground mine operation is to be conducted, the application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:

(1) Information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations;

(2) Description of any system to be used to monitor compliance with the airblast and ground vibration limits established under paragraph (C)(1) of this rule, including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring; and

(3) For blasting operations within five hundred feet of active underground mines, copies of the approvals given by the state and federal authorities concerned with the health and safety of underground miners.

(D) Reclamation plan: general requirements.

(1) Each application shall contain a plan for describing reclamation of the lands within the proposed permit area, showing how the applicant will comply with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder. The plan shall include, at a minimum, all information required under paragraphs (D) to (R) of this rule.

(2) Each plan shall contain, where appropriate, the following information for the proposed permit area:

(a) A detailed timetable for the completion of each major step in the reclamation plan;

(b) A plan for the backfilling, soil stabilization, compacting, and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with rule 1501:13-9-14 of the Administrative Code;

(c) A description of the removal, storage, and redistribution of the topsoil, subsoil, and other material to meet the requirements of rule 1501:13-9-03 of the Administrative Code. A demonstration of the suitability of topsoil substitutes or supplements under rule 1501:13-9-03 of the Administrative Code shall be based upon analysis of the thickness of soil horizons, total depth, texture, per cent coarse fragments, pH, and areal extent of the different kinds of soils. The chief may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(d) A description of the revegetation as required in rule 1501:13-9-15 of the Administrative Code, including, but not limited to, descriptions of the:

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(vi) Irrigation, if appropriate, and disease, pest and vermin control, if any; and

(vii) The measures proposed to be used to determine the success of revegetation as required under rule 1501:13-9-15 of the Administrative Code;

(e) A description of the measures to be used to maximize the use and conservation of the coal resources as required by rule 1501:13-9-05 of the Administrative Code;

(f) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials and materials constituting a fire hazard are disposed of in accordance with paragraph (E) of rule 1501:13-9-09 and paragraph (J) of rule 1501:13-9-14 of the Administrative Code and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(g) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings and to plug, case or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with rule 1501:13-9-02 of the Administrative Code; and

(h) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and regulations and health and safety standards.

(E) Reclamation plan: protection of hydrologic balance.

(1) Each application shall contain a plan for the protection of the hydrologic balance. The plan shall be specific to the local hydrologic conditions and shall describe the measures to be taken during and after the proposed underground mining operations in accordance with rule 1501:13-9-04 of the Administrative Code to:

(a) Minimize disturbance to the hydrologic balance within the permit and adjacent areas and to prevent material damage outside the permit area;

(b) Protect the rights of present users of surface and ground waters within the permit area and adjacent areas;

(c) Avoid acid or toxic drainage;

(d) Control surface-water drainage into, through, and out of the proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative Code;

(e) Treat, when required under these rules, surface- and ground-water drainage from the area to be disturbed by the proposed underground mining surface operations, so as not to exceed quantitative limits on pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the Administrative Code;

(f) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area. Vegetation may be determined by the chief to be the best technology currently available upon a demonstration by the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule 1501:13-9-04 of the Administrative Code have been met. If the applicant proposes to make such a demonstration after vegetation is established and remove siltation structures sooner than two years after the last augmented seeding of a drainage area, the applicant shall state such intentions in the timetable and plans for removal of sediment control structures required by paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;

(g) Address any potential adverse hydrologic consequences identified in the determination of probable hydrologic consequences under paragraph (E)(2) of this rule and include preventative and remedial measures; and

(h) Meet applicable federal and state water quality laws and regulations.

(2) Determination of probable hydrologic consequences (PHC).

(a) The plan shall include a determination of the probable hydrologic consequences of the proposed underground mining operations on the proposed permit area and adjacent areas. This determination shall be based on baseline hydrologic, geologic and other information collected for the permit application with respect to the hydrologic regime, providing information on the quantity and quality of water in surface- and ground-water systems under seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, and total manganese.

(b) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area;

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(c) Flooding or streamflow alteration;

(d) Ground-water and surface-water availability; and

(e) Other characteristics as required by the chief.

(c) An application for a permit revision shall be reviewed by the chief to determine whether a new or updated PHC determination shall be required.

(3) Each plan shall contain a detailed description, with appropriate drawings, of permanent entry seals and downslope barriers designed to ensure stability under anticipated hydraulic heads developed while promoting mine inundation after mine closure for the proposed permit area.

(F) Ground-water and surface-water monitoring plans.

(1) Ground-water monitoring plan.

(a) The application shall include a ground-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in paragraph (E)(1) of this rule. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, specific conductance corrected to twenty-five degrees centigrade, pH, total iron, total manganese, and water levels shall be monitored. Data resulting from monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(b) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the general area, then monitoring of that stratum may be waived by the chief.

(2) Surface-water monitoring plan.

(a) The application shall include a surface-water monitoring plan based upon the PHC determination required under paragraph (E)(2) of this rule and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in paragraph (E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R. part 434.

(b) The plan shall identify the surface-water quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in the permit and adjacent areas, surface-water bodies such as streams, lakes and impoundments, that are potentially affected or into which water will be discharged, and at upstream monitoring locations, the specific conductance corrected to twenty-five degrees centigrade, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.

(iii) Data resulting from this monitoring shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04 of the Administrative Code.

(G) Reclamation plan: postmining land uses.

(1) Each application shall contain a plan for the postmining land use. The plan shall describe the proposed use following reclamation of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use polices and plans. This description shall explain:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use; and

(b) When a land use different from the premining land use is proposed, all materials needed for approval of the alternatives used under these rules.

(2) The plan shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.

(3) The plan shall describe the consideration which has been given to making all of the proposed coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.

(1) General requirements.

(a) Each application shall include a detailed design plan for each proposed siltation structure, water impoundment, and coal mine waste bank, dam, or embankment within the proposed permit area. Each plan shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(b) Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(c) Each detailed design plan for a structure that does not meet the size or other criteria of paragraph (H)(1)(b) of this rule, shall:

(i) Be prepared by, or under the direction of, and certified by an engineer;

(ii) Include any design and construction requirements for the structure including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate. If the applicant proposes to demonstrate that vegetation is the best technology currently available and remove siltation structures sooner than two years after the last augmented seeding of the drainage area, include a statement of such intentions.

(2) Impoundments.

(a) Permanent and temporary impoundments shall be designed in compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any impoundment shall be certified by an engineer experienced in impoundment design and construction. The certification statement shall state that the structure is designed to meet the requirements of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each design plan for an impoundment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a). The plan required to be submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be submitted to the chief as part of the permit application.

(c) Impoundments not meeting the size or other criteria of paragraph (H)(1)(b) of this rule may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative Code:

(i) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(ii) If the natural slope of the foundation as measured at right angles to the embankment center line is steeper than 10h:1v (ten per cent), the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(iii) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(iv) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(v) The moisture content of the fill material shall be sufficient to secure proper compaction. (An indication of sufficient moisture content is that when kneaded by hand the soil should just form a ball which does not readily separate. The engineer may specify other methods of testing moisture content if appropriate). When it is necessary to use materials of varying texture and gradation, the more impervious material shall be placed in the upstream and center portions of the embankment and the more pervious material shall be placed in the downstream portion of the fill;

(vi) The embankment's combined upstream and downstream side slopes shall be no steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added together.); and

(vii) The minimum top width of the embankment shall be (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment.

(3) Siltation structures.

(a) Permanent and temporary siltation structures shall be designed in compliance with the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code. The design of any siltation structure shall be certified by an engineer experienced in impoundment design and construction. The certification shall state that the structure is designed to meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the Administrative Code.

(b) In addition to the requirements of paragraph (H)(1) of this rule, the plan shall include a determination of:

(i) The required sediment storage volume; and

(ii) The detention time provided by the pond.

(c) Each design plan for a siltation structure that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(4) Coal mine waste dams and embankments.

(a) Coal mine waste dams and embankments shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste dam or embankment shall be certified by an engineer experienced in design of similar earth and waste structures. The certification statement shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code.

(b) Each plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current, prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

(iv) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(c) Each design plan for a coal mine waste dam or embankment that meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the information required under 30 C.F.R. 77.216-2(a).

(5) Coal mine waste banks. Coal mine waste banks shall be designed to comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions regarding impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank shall be certified by an engineer experienced in design of similar earth and waste structures. The certification shall state that the structure is designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current, prudent engineering practices.

(6) If the structure meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216 (a), or meets the significant hazard potential or high hazard potential classification (formerly called Class B or C) criteria for dams in the U.S department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(7) For further information about natural resources conservation service technical release TR-210-60, which is incorporated by reference in paragraph (H) of this rule, see paragraph (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.

(I) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.

(J) Protection of public parks and historic places.

(1) For any publicly owned parks or any places listed on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, that may be adversely affected by the proposed operation, each application shall describe the measures to be used:

(a) To prevent adverse impacts; or

(b) If valid existing rights exist or joint agency approval is to be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code to minimize adverse impacts. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html.

(2) The chief may require the applicant to protect historic or archeological properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (J)(1) of this rule, through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

(K) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:

(1) Conducting the proposed coal mining operation within one hundred feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way; or

(2) Relocating a public road.

(L) Transportation facilities.

(1) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross sections, and the following:

(a) Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

(b) A description of measures to be taken to obtain approval of the chief for alteration or relocation of a natural drainageway under rule 1501:13-10-01 of the Administrative Code;

(c) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the chief under rule 1501:13-10-01 of the Administrative Code;

(d) Drawings and specifications for each proposed ford of perennial or intermittent streams outside the mined-out area that is used as a temporary route, as necessary for approval of the ford by the chief in accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative Code; and

(e) A description of plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(2) Primary road embankments may be designed in compliance with the following design standards, in lieu of performance of engineering tests to demonstrate compliance with the 1.3 minimum static safety factor required in paragraph (G)(3) of rule 1501:13-10-01 of the Administrative Code:

(a) The embankment foundation area shall be cleared of all organic matter and the entire foundation surface shall be scarified;

(b) If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8h:1v, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

(c) The embankment fill material shall be free of sod, large roots, other large vegetative matter, and coal processing waste;

(d) The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

(e) The moisture content of the fill material shall be sufficient to secure proper compaction;

(f) The side slopes of the embankment shall be no steeper than 2h:1v;

(g) Embankments with upstream and downstream slopes shall have a minimum top width of (h + 35)/5, where "h" is the embankment height as measured from natural ground at the upstream toe to the top of the embankment;

(h) Hillside embankments shall have a minimum top width adequate for the intended use; and

(i) Culverts shall be placed such that the embankment, as defined in rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time.

(M) Subsidence control plan.

(1) The application shall include, for the shadow area, the most recent available U.S. geologic survey 7.5-minute topographic map showing:

(a) The extent of underground workings proposed for the term of the permit, including existing works that will continue to be used under the permit, all shown on a year-by-year basis;

(b) Those parts of the proposed underground workings from which there will be full coal recovery;

(c) The angle of draw for the workings described in paragraphs (M)(1)(a) and (M)(1)(b) of this rule; and

(d) Those areas in which measures will be taken to prevent or minimize subsidence and subsidence-related damage.

(2) The application shall include an inventory which shall show whether structures or renewable resource lands exist within the proposed permit and adjacent areas and whether subsidence, if it occurred, could cause material damage or diminution of the reasonably foreseeable use of such structures or renewable resource lands. If the inventory shows that no such structures or renewable resource lands exists or no such material damage or diminution could be caused in the event of mine subsidence, and if the chief agrees with such conclusion, no further information need be provided in the application under paragraphs (M)(2)(a) to (M)(2)(e) of this rule. In the event the inventory shows that such structures or renewable resource lands exist, and that subsidence could cause material damage or diminution of value or foreseeable use of such structures or renewable resource lands, or if the chief determines that such material damage or diminution could occur, the application shall include a subsidence control plan which shall contain the following information:

(a) A description of the method of coal removal, such as longwall, room-and-pillar removal, hydraulic mining, or other extraction methods, including the size, sequence, and timing for the development of underground workings;

(b) A map of the shadow area which describes the location and extent of areas in which planned-subsidence mining methods will be used and which includes all areas where the measures described in paragraphs (M)(2)(d) and (M)(2)(e) of this rule will be taken to prevent or minimize subsidence and subsidence-related damage; and, where appropriate, to correct subsidence-related material damage;

(c) A description of the physical conditions, such as depth of cover, seam thickness, and lithology, which affect the likelihood or extent of subsidence and subsidence-related damage;

(d) A description of monitoring, if any, needed to determine the commencement and degree of subsidence so that, when appropriate, other measures can be taken to prevent, reduce, or correct material damage in accordance with rule 1501:13-12-03 of the Administrative Code;

(e) Except for those areas where planned subsidence is projected to be used, a detailed description of the subsidence control measures that will be taken to prevent or minimize subsidence and subsidence-related damage, including such measures as:

(i) Backstowing or backfilling voids;

(ii) Leaving support pillars of coal;

(iii) Leaving areas in which no coal is removed, including a description of the overlying area to be protected by leaving the coal in place; and

(iv) Taking measures on the surface to prevent material damage or lessening of the value or reasonably foreseeable use of the surface;

(f) A description of the anticipated effects of planned subsidence, if any;

(g) A general description of the measures to be taken, in accordance with rule 1501:13-12-03 of the Administrative Code, to mitigate or remedy any subsidence-related damage to or diminution in value or reasonably foreseeable use of:

(i) The land; or

(ii) Structures, buildings, features, or facilities to the extent required pursuant to rule 1501:13-12-03 of the Administrative Code; and

(h) Other information required by the chief as necessary to demonstrate that the operation will be conducted in accordance with the performance standards of rule 1501:13-12-03 of the Administrative Code for subsidence control.

(N) Return of coal mine wastes to abandoned underground workings.

(1) Each application shall contain a plan for the return of coal mine wastes to abandoned underground workings. The plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the chief and MSHA under paragraph (A)(7) of rule 1501:13-9-09 of the Administrative Code.

(2) The plan shall describe the source and quality of waste to be stowed, area to be backfilled, per cent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling.

(3) The applicant shall describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime.

(4) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area.

(5) The requirements of paragraphs (N)(1) to (N)(4) of this rule shall also apply to pneumatic backfilling operations, except where the operations are exempted by the chief from requirements specifying hydrologic monitoring.

(O) Underground development waste. Each plan shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by underground mining surface operations and facilities according to rule 1501:13-9-07 of the Administrative Code. Each plan shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the structures and be prepared according to paragraph (P) of this rule.

(P) Disposal of excess spoil.

(1) Each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to rule 1501:13-9-07 of the Administrative Code. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(a) The character of bedrock and any adverse geologic conditions in the disposal area;

(b) A survey identifying all springs, seepage, and ground-water flow observed or anticipated during wet periods in the area of the disposal site;

(c) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(d) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(e) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(3) If, under paragraph (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or keyway cuts are required, the application shall include the following:

(a) The number, location, and depth of borings or test pits. The number, location, and depth shall be determined with respect to the size of the spoil disposal structure and sub-surface conditions; and

(b) Engineering specifications utilized to design the rock-toe buttresses or keyway cuts which shall be determined in accordance with paragraph (P)(2)(e) of this rule.

(Q) Air pollution control plan. For all underground mining surface operations, the application shall contain an air pollution control plan in order to address fugitive dust resulting from erosion. The plan shall include the following:

(1) An air quality monitoring program, if required by the chief, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under paragraph (Q)(2) of this rule to comply with applicable federal and state air quality standards; and

(2) A plan for fugitive dust control practices.

(R) Fish and wildlife plan.

(1) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(a) The scope and level of detail for such information shall be determined by the chief in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under paragraph (R)(2) of this rule.

(b) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary of the interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(2) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable.

(a) This description shall:

(i) Be consistent with the requirements of rule 1501:13-9-11 of the Administrative Code;

(ii) Apply, at a minimum, to species and habitats identified under paragraph (R)(1) of this rule;

(iii) Include protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(iv) Include enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(3) Fish and wildlife service review. Upon request, the chief shall provide the resource information required under paragraph (R)(1) of this rule and the protection and enhancement plan required under paragraph (R)(2) of this rule to the U.S. department of the interior, fish and wildlife service regional or field office for their review. This information shall be provided within ten days of receipt of the request from the service.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-07

(A) An application for a permit shall contain a certificate issued by an insurance company authorized to do business in this state certifying that the applicant has a public liability insurance policy in force for those coal mining and reclamation operations for which the permit is sought, or a notarized certification acknowledging that a current proof of liability insurance and rider required by paragraph (B)(3) of this rule is part of the central file for identity information authorized by paragraph (J) of rule 1501:13-4-03 of the Administrative Code, or evidence that the applicant has satisfied other state self-insurance requirements or, for reclamation operations, evidence that an agent performing reclamation for the applicant has a public liability insurance policy.

(B) The public liability insurance policy shall:

(1) Be in effect during the term of the permit or any renewal, including the length of all reclamation operations;

(2) Provide for personal injury and property damage protection in amounts adequate to compensate any persons injured or property damaged as a result of coal mining and reclamation operations, including the use of explosives. The minimum insurance coverage for bodily injury and property damage shall be three hundred thousand dollars for each occurrence and five hundred thousand dollars in the aggregate; and

(3) Include a rider requiring that the insurer notify the chief whenever substantive changes are made in the policy, including any termination or failure to renew.

Last updated February 27, 2023 at 9:49 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-12-04 Underground mine entry and access discharges.

(A) Surface entries and access to underground workings, including adits and slopes, shall be located, designed, constructed, and utilized to prevent or control gravity discharge of water from the mine.

(B) Gravity discharge of water from an underground mine, other than a drift mine subject to paragraph (C) of this rule, may be allowed by the chief, if it is demonstrated that:

(1) The discharge:

(a) Without treatment, satisfies the water effluent limitations of all applicable state and federal water quality standards; and

(b) The discharge will result in changes in the prevailing hydrologic balance that are minimal and approved postmining land uses will not be adversely affected; or

(2) All of the following three requirements are met:

(a) The discharge is conveyed to a treatment facility in the permit area in accordance with rule 1501:13-9-04 of the Administrative Code;

(b) All water from the underground mine discharged from the treatment facility meets the effluent limitations of all applicable state and federal statutes and regulations; and

(c) Consistent maintenance of the treatment facility will occur throughout the anticipated period of gravity discharge.

(C) Notwithstanding anything to the contrary in paragraphs (A) and (B) of this rule, for a drift mine first used after August 16, 1982 and located in acid-producing or iron-producing coal seams, surface entries and accesses shall be located in such a manner as to prevent any gravity discharge from the mine.

Last updated February 27, 2023 at 10:00 AM

History

• Effective: March 4, 1984
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-9-04

(A) General. Mining shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance in both the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the requirements of mining and reclamation rules. The chief may require additional preventive, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.

(B) Water quality standards and effluent limitations.

(1) All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area until vegetation is established, at which time vegetation of the area may be the best technology currently available, provided that drainage from the area:

(a) Meets effluent limitations; and

(b) Does not contribute suspended solids to streamflow.

(2) Sedimentation ponds and other treatment facilities shall be maintained until the quality of the untreated drainage from the disturbed area meets the applicable state and federal water quality standard requirements.

(3) The chief may grant exemptions from the requirements of paragraph (B)(1) of this rule only when:

(a) The chief determines that the disturbed drainage area relative to the total disturbed area is small;

(b) Alternative sediment control measures are provided, if required by the chief; and

(c) The operator demonstrates that the drainage from the disturbed area will meet the effluent limitations of mining and reclamation rules.

(4) For the purposes of this rule only, "disturbed area" shall not include those areas in which only diversion ditches, sedimentation ponds, or roads are installed in accordance with this rule and rule 1501:13-10-01 of the Administrative Code and the upstream area is not otherwise disturbed by the person who conducts coal mining operations.

(5) Before mining commences in any watershed:

(a) A proper sediment control system including sedimentation ponds, diversions, and other treatment methods shall be constructed; and

(b) Upon completion of construction, this sediment control system shall be certified by an engineer or jointly by an engineer and a surveyor, to the extent such joint certification is required or permitted by the chief, as meeting the dimensions and design criteria set forth in the engineering plans, drawings, and design details submitted as part of the application for a permit.

(6) Point source discharge of water from areas disturbed by coal mining operations shall be made in compliance with effluent limitations of all applicable federal and state laws and regulations. All other surface drainage shall not cause additional contributions of suspended solids to streamflows.

(7) Where the sedimentation pond or series of sedimentation ponds is used so as to result in the mixing of drainage from the disturbed areas with drainage from other areas not disturbed by current surface coal mining and reclamation operations, the permittee shall achieve the effluent limitations for all of the mixed drainage when it leaves the permit area.

(C) All facilities utilized by an operator to achieve compliance with federal and state water quality laws shall be properly installed, maintained and operated so that they will perform the functions for which they were designed, and shall be removed in accordance with this rule when no longer needed, unless they have been approved as part of the postmining land use.

(D) Sediment control measures.

(1) The purpose of this rule is to meet the applicable state and federal effluent limitations by means of a combination of sediment control measures which, taken together, comprise a complete sediment control system.

(2) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:

(a) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;

(b) Meet the more stringent of applicable state or federal effluent limitation; and

(c) Minimize erosion to the extent possible.

(3) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to:

(a) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling and grading, and prompt revegetation as required in rule 1501:13-9-15 of the Administrative Code.

(b) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of rule 1501:13-9-14 of the Administrative Code;

(c) Retaining sediment within disturbed areas;

(d) Diverting runoff away from disturbed areas;

(e) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;

(f) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and

(g) Treating with chemicals.

(E) Stream buffer zones.

(1) No land within one hundred feet, measured horizontally, of a perennial or intermittent stream shall be disturbed unless the chief specifically authorizes coal mining operations closer to or through such a stream. The chief may authorize such operations only upon making a finding under both paragraphs (E)(1)(a) and (E)(1)(b) of this rule or under paragraph (E)(1)(c) of this rule:

(a) The operations will not cause or contribute to the violation of applicable state or federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(b) If there will be a temporary or permanent stream channel diversion, it will comply with paragraph (F) of this rule; or

(c) If restoration of a stream or a portion of a stream on the permit area is not possible, restoration off the permit area by means of mitigation has been approved by the chief under rule 1501:13-13-08 of the Administrative Code.

(2) The area not to be disturbed shall be described as a buffer zone, and the operator shall mark it as specified by paragraph (E) of rule 1501:13-9-01 of the Administrative Code.

(F) Diversions.

(1) General requirements.

(a) With the approval of the chief, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of paragraph (G) of this rule for siltation structure removal, may be diverted away from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the chief under paragraph (Q) of this rule.

(b) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to:

(i) Be stable;

(ii) Provide protection against flooding and resultant damage to life and property;

(iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and

(iv) Comply with all applicable local, state, and federal laws and regulations.

(c) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with these rules. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.

(d) The chief may specify design criteria for diversions to meet the requirements of this rule.

(2) Diversion of perennial and intermittent streams.

(a) Diversion of perennial and intermittent streams within the permit area may be approved by the chief after making the finding relating to stream buffer zones that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream.

(b) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a ten-year, six hour precipitation event for a temporary diversion and a one-hundred-year, six hour precipitation event for a permanent diversion.

(d) A permanent stream-channel diversion or a stream channel restored after the completion of mining shall be designed and constructed using natural channel design techniques so as to restore or approximate the premining characteristics of the original stream channel, including the natural riparian vegetation and the natural hydrological characteristics of the original stream, to promote the recovery and enhancement of the aquatic habitat and to minimize adverse alteration of stream channels on and off the site, including channel deepening or enlargement, to the extent possible.

(e) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by an engineer as meeting the performance standards of Chapter 1501:13-9 of the Administrative Code and any design criteria set by the chief.

(3) Diversion of miscellaneous flows.

(a) Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the chief. Miscellaneous flows shall include ground-water discharges and ephemeral streams.

(b) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in paragraph (F)(1) of this rule.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a two-year, six hour precipitation event for a temporary diversion and a ten-year, six hour precipitation event for a permanent diversion.

(G) Siltation structures.

(1) Definitions. For the purposes of this rule only:

(a) "Siltation structure" means a sedimentation pond, a series of sedimentation ponds, or other treatment facility;

(b) "Disturbed" area shall not include those areas:

(i) In which the only surface mining operations include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with mining and reclamation rules; and

(ii) For which the upstream area is not otherwise disturbed by the operator; and

(c) "Other treatment facility" means any chemical treatment, such as flocculation, or mechanical structure, such as a clarifier, that has a point-source discharge and that is utilized to prevent additional contribution of suspended solids to streamflow or runoff outside the permit area.

(2) General requirements.

(a) Additional contributions of suspended solids to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.

(b) All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (B)(3) or (G)(2)(e) of this rule.

(c) Siltation structures for an area shall be constructed before beginning any surface mining operations in that area and, upon construction, shall be certified by an engineer as being constructed as designed and as approved in the reclamation plan.

(d) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with paragraph (H) of this rule.

(e) Siltation structures shall be maintained until removal is authorized by the chief and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than two years after the last augmented seeding, unless, after vegetation is established, the operator demonstrates and the chief approves under paragraph (E)(1)(g) of rule 1501:13-4-05 or paragraph (E)(1)(f) of rule 1501:13-4-14 of the Administrative Code alternative methods of sediment control as the best technology currently available.

(f) When a siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and rule 1501:13-9-15 of the Administrative Code.

(3) Sedimentation ponds.

(a) When used, sedimentation ponds shall:

(i) Be used individually or in series;

(ii) Be located as near as possible to the disturbed area and out of perennial streams unless approved by the chief; and

(iii) Be designed, constructed, and maintained to:

(a) Provide adequate sediment storage volume;

(b) Provide adequate detention time to allow the effluent from the ponds to meet state and federal effluent limitations;

(c) Contain or treat the ten-year twenty-four hour precipitation event ("design event") unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and on a demonstration by the operator that the effluent limitations of this rule will be met;

(d) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraph (G)(3)(a)(iii)(b) of this rule;

(e) Minimize, to the extent possible, short circuiting;

(f) Provide periodic sediment removal sufficient to maintain adequate volume for the design event;

(g) Ensure against excessive settlement;

(h) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal-mine waste; and

(i) Be compacted properly.

(4) Other treatment facilities.

(a) Other treatment facilities shall be designed to treat the ten-year, twenty-four-hour precipitation event unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and a demonstration by the operator that the effluent limitations of this rule will be met.

(b) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph (G)(3) of this rule.

(H) Impoundments.

(1) General requirements. The requirements of paragraph (H)(1) of this rule apply to both temporary and permanent impoundments.

(a) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S. department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, (which is hereby incorporated by reference) shall comply with the design and construction requirements of paragraph (H) of this rule and either paragraphs (H)(1) and (H)(2) of rule 1501:13-4-05 or paragraphs (H)(1) and (H)(2) of rule 1501:13-4-14 of the Administrative Code. Copies of technical release TR-210-60 may be obtained from the "USDA Natural Resources Conservation Service eDirectives" webpage, https://directives.sc.egov.usda.gov/. Copies can be inspected at the division of mineral resources management headquarters office at 2045 Morse road, building H, Columbus, Ohio 43229.

(b) Design certification. The design of impoundments shall be certified in accordance with rule 1501:13-4-05 or 1501:13-4-14 of the Administrative Code as designed to meet the requirements of this rule using current, prudent, engineering practices and any design criteria established by the chief.

(c) Stability.

(i) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.

(ii) Impoundments not meeting the criteria of paragraph (H)(1)(c)(i) of this rule, except for coal mine waste impounding structures, shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions or be designed in accordance with paragraph (H)(2)(c) of rule 1501:13-4-05 or paragraph (H)(2)(c) of rule 1501:13-4-14 of the Administrative Code.

(d) Freeboard. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall comply with the freeboard hydrograph criteria in "Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria" in technical release TR-210-60.

(e) Foundation.

(i) Foundation and abutments for the impounding structure shall be designed to be stable under all conditions of construction and operation of the impoundment. For impoundments meeting the size or other criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60, sufficient foundation investigations as well as any necessary laboratory testing shall be performed in order to determine the design requirements for foundation stability.

(ii) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.

(f) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.

(g) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.

(h)

(i) An impoundment meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a one-hundred-year, six-hour precipitation event, or greater event as specified by the chief.

(ii) An impoundment not meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a twenty-five-year, six-hour precipitation event, or greater event as specified by the chief.

(iii) An impoundment meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass the design precipitation event using the auxiliary spillway hydrograph criteria in "Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria" in technical release TR-210-60, or greater event specified by the chief.

(iv) Impoundments may use a single open-channel spillway designed and constructed according to paragraph (H)(1)(h)(i), (H)(1)(h)(ii), or (H)(1)(h)(iii) of this rule if the spillway:

(a) Is of nonerodible construction and designed to carry sustained flows; or

(b) Is earth- or grass-lined and designed to carry short-term infrequent flows at nonerosive velocities where sustained flows are not expected.

(i) The vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of highwall to provide adequate safety and access for the proposed water users. For permanent impoundments, the vertical portion of the remaining highwall shall also meet the requirements of paragraph (H)(2)(d) of this rule.

(j) Inspections. An engineer or other qualified professional specialist, under the direction of the engineer, shall inspect the impoundment. The engineer or specialist shall be experienced in the construction of impoundments.

(i) Inspections shall be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance security.

(ii) The engineer shall promptly, after each inspection, provide to the chief a certified report that the impoundment has been constructed and maintained as designed in accordance with the approved plan and these rules. The report shall include discussion of any appearances of instability, structural weakness or other hazardous conditions, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation and any other aspects of the structure affecting stability.

(iii) A copy of the report shall be retained at or near the minesite.

(k) Impoundments meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 or subject to 30 C.F.R. 77.216 must be examined in accordance with 30 C.F.R. 77.216-3. Other impoundments shall be examined for appearance of structural weakness and other hazardous conditions at least quarterly by a qualified person designated by the operator.

(l) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the chief of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the chief shall be notified immediately. The chief shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(2) Permanent impoundments. A permanent impoundment of water may be created if authorized by the chief in the approved permit based upon the following demonstration:

(a) The size and configuration of such impoundment will be adequate for its intended purposes;

(b) The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet applicable state and federal water quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable state and federal water quality standards;

(c) The water level will be sufficiently stable and be capable of supporting the intended use;

(d) Final grading will provide for adequate safety and access for proposed water users. For impoundments where the vertical portion of a highwall remains, the vertical portion shall be located at least eight feet below the low-water line;

(e) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses;

(f) The impoundment will be suitable for the approved postmining land use;

(g) The reduced portion of any highwall shall have a final slope appropriate for the postmining land use and shall have a minimum static safety factor of 1.3; and

(h) The face of the reduced portion of any highwall shall be vegetated with species appropriate for the postmining land use.

(3) Temporary impoundments. The chief may authorize the construction of temporary impoundments as part of a mining operation.

(4) Sumps.

(a) Definitions. "Sump" means an excavated temporary impoundment:

(i) Used as:

(a) A secondary structure which discharges into a sedimentation pond, provided the sedimentation pond, in combination with the sump and any other sediment control measures used, achieves the applicable state and federal effluent limitations; or

(b) A primary structure to control the runoff from roads or small drainage exemption areas provided by paragraph (B)(3) of this rule; and

(ii) That has a volume which is compatible with its role within the complete sediment control system.

(b) Sumps are exempt from the requirements of paragraphs (H)(1) to (H)(3) of this rule.

(c) Sump designs shall include size and spillway information and shall address the stability of the structure with respect to public health and safety.

(d) Sumps shall be constructed and maintained to prevent, to the extent possible, additional contributions of suspended solids to runoff outside the permit area.

(e) Before a sump becomes full of sediment, the sediment shall be removed, and the original sump capacity restored.

(I) Discharge structures. Discharges from sedimentation ponds, permanent and temporary impoundments, mine waste disposal areas, and diversions shall be controlled by energy dissipators, riprap channels, and other devices where necessary to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbances to the hydrologic balance. Discharge structures shall be designed according to standard engineering design procedures.

(J) Acid-forming and toxic-forming spoil. Drainage from acid-forming and toxic-forming mine waste materials and spoils into ground and surface water shall be avoided by:

(1) Identifying, burying, and treating where necessary spoil or other materials that, in the judgment of the chief, may be detrimental to vegetation or may adversely affect water quality if not treated or buried;

(2) Preventing water from coming into contact with acid-forming and toxic-forming materials in accordance with paragraph (J) of rule 1501:13-9-14 of the Administrative Code, and other measures as required by the chief; and

(3) Burying or otherwise treating all acid-forming or toxic-forming spoil within thirty days after it is first exposed on the mine site, or within a lesser period designated by the chief. Temporary storage of the spoil may be approved by the chief upon finding that burial or treatment within thirty days is not feasible and will not result in any material risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water.

(K) Ground-water protection.

(1) Backfilled materials shall be placed so as to minimize contamination of ground-water systems with acid, toxic, or otherwise harmful mine drainage, minimize adverse effects of mining on ground-water systems outside the permit area, and to support approved postmining land uses.

(2) To control the effects of mine drainage, pits, cuts, and other mine excavations or disturbances shall be located, designed, constructed, and utilized in such manner as to prevent or control discharge of acid, toxic, or otherwise harmful mine drainage waters into ground-water systems and to prevent adverse impacts on such ground-water systems or on approved postmining land uses.

(L) Protection of ground-water recharge capacity. Other than underground mining operations, all coal mining operations shall be conducted in a manner that facilitates reclamation which will restore approximate premining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding coal processing waste and underground development waste disposal areas and fills, to transmit water to the ground-water system. The recharge capacity shall be restored to a condition which:

(1) Supports the approved postmining land use;

(2) Minimizes disturbances to the prevailing hydrologic balance in the permit and adjacent areas; and

(3) Provides a rate of recharge that approximates the premining recharge rate.

(M) Surface water protection. In order to protect the hydrologic balance, mining operations shall be conducted according to the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code, and the following:

(1) Surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage, prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area, and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this rule, then the operator shall use and maintain the necessary water-treatment facilities or water quality controls.

(2) Surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(N) Surface and ground-water monitoring.

(1) Ground-water monitoring.

(a) Surface mining operators shall monitor ground-water levels and the quality of ground water at least quarterly or more frequently as prescribed by the chief, in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-05 of the Administrative Code, to determine the effects of the coal mining operations on the recharge capacity of reclaimed lands and on the quality and quantity of water in ground-water systems in the permit and adjacent areas.

(i) Monitoring shall include measurements from a sufficient number of wells and springs that are adequate to reflect changes in ground-water quality and quantity resulting from those operations.

(ii) Monitoring shall be adequate to plan for modification of coal mining operations, if necessary, to minimize disturbance of the prevailing hydrologic balance.

(iii) As specified and approved by the chief, the person who conducts surface mining operations shall conduct additional hydrologic tests, including drilling, infiltration tests, and aquifer tests and shall submit the results to the chief, to demonstrate compliance with paragraphs (K) to (N) of this rule.

(b) Underground mining operators shall monitor, at least quarterly or more frequently as prescribed by the chief, the quality and quantity of ground water in the permit and adjacent areas in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-14 of the Administrative Code. Monitoring of an area shall begin one year before the area is mined, shall continue during mining, and shall continue for at least one year after the area is mined, unless the chief determines that monitoring for a shorter period will allow accurate assessment of the impacts on the ground water of the area.

(c) Ground-water monitoring shall result in quarterly or more frequent reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation shall be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(2) Surface-water monitoring.

(a) All surface and underground mining operators shall monitor pond discharges for the national pollutant discharge elimination system (NPDES) permit quarterly in accordance with the monitoring plan submitted under either paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality of the discharges from the permit area;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition or applicable standard within five days of receipt of such results. If there is a failure to comply with an effluent limitation set forth in a NPDES permit, the person who conducts coal mining operations shall forward the analytical results concurrently with the written notice of non-compliance; and

(iii) Result in quarterly reports to the chief submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(b) The chief may require additional surface-water monitoring to be conducted quarterly on the permit or adjacent areas in accordance with the monitoring plans submitted under paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. The chief shall determine the nature of the data and reporting requirements. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition within five days of receipt of such results; and

(iii) Result in quarterly reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(3) Duration of and modifications to monitoring.

(a) Monitoring for ground water and surface water shall be conducted throughout mining and reclamation until final performance security release unless the chief determines, pursuant to paragraph (N)(3)(b)(ii) of this rule, that monitoring is no longer necessary.

(b) Any modification of the monitoring requirements of paragraph (N) of this rule, including the parameters covered and the sampling frequency, shall be made by means of a permit revision pursuant to paragraph (E) of rule 1501:13-4-06 of the Administrative Code. A permit revision may be obtained pursuant to this paragraph if the operator demonstrates, using the monitoring data of this rule, that:

(i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area, water quantity and quality are suitable to support approved postmining land uses, and the water rights of other users have been protected or replaced; or

(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under paragraph (F) of rule 1501:13-4-05 or paragraph (F) of rule 1501:13-4-14 of the Administrative Code.

(O) Transfer of wells. Before final release of performance security, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with rule 1501:13-9-02 of the Administrative Code. With the prior approval of the chief, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with state and local law and the permittee shall remain responsible for the proper management of the well in accordance with rule 1501:13-9-02 of the Administrative Code until performance security release.

(P) Water rights and replacement.

(1) Any person who conducts coal mining operations shall:

(a) Replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been affected by contamination, diminution, or interruption proximately resulting from the coal mining operations; and

(b) Reimburse the owner for the reasonable cost of obtaining a water supply from the time of the contamination, diminution or interruption by the operation until the water supply is replaced.

(2) The hydrologic information required in paragraphs (B) to (G) of rule 1501:13-4-04 or paragraphs (B) to (G) of rule 1501:13-4-13 of the Administrative Code shall, at a minimum, be used to determine the extent of the impact of mining on ground and surface water.

(Q) Discharge of water into underground mines.

(1) Discharges into an underground mine are prohibited, unless specifically approved by the chief after a demonstration that the discharge will:

(a) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from surface mining operations;

(b) Not result in a violation of applicable water quality standards or effluent limitations;

(c) Be at a known rate and quality which shall meet the effluent limitations of this rule for pH and total suspended solids, except that the pH and total suspended solids limitations may be exceeded, if approved by the chief; and

(d) Meet with the approval of MSHA.

(2) Discharges shall be limited to the following:

(a) Water;

(b) Coal processing waste;

(c) Fly ash from a coal-fired facility;

(d) Sludge from an acid-mine-drainage treatment facility;

(e) Flue-gas desulfurization sludge;

(f) Inert material used for stabilizing underground mines; and

(g) Underground mine development wastes.

(R) Postmining rehabilitation of sedimentation ponds, diversions, impoundments and treatment facilities. Before abandoning a permit area or seeking performance security release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of these rules for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structure if necessary to meet requirements of these rules and to conform to the approved reclamation plan.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:04 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Chapter 1501:13-13 Miscellaneous Surface and Underground Mining

Ohio Adm.Code 1501:13-13-02 Auger mining additional performance standards.

(A) General.

(1) Auger mining operations shall be conducted in accordance with the requirements of Chapters 1501:13-9 to 1501:13-11 of the Administrative Code, except as provided in this rule.

(2) The chief may prohibit auger mining, if necessary, to:

(a) Maximize the utilization, recoverability, or conservation of the solid-fuel resource; or

(b) Protect against adverse water-quality impacts.

(B) Coal recovery.

(1) Auger mining shall be conducted so as to maximize the utilization and conservation of the coal in accordance with rule 1501:13-9-05 of the Administrative Code.

(2) Auger mining shall be planned and conducted to maximize recoverability of mineral reserves remaining after the operation and reclamation are complete.

(3) Each person who conducts auger mining operations shall leave areas of undisturbed coal, as approved by the chief, to provide access for future underground mining operations to coal reserves remaining after augering is complete, unless it is established that the coal reserves have been depleted or are so limited in thickness or extent that it will not be practicable to recover the remaining coal. This determination shall be made by the chief upon presentation of appropriate technical evidence by the operator.

(C) Hydrologic balance.

(1) Auger mining shall be planned and conducted to minimize disturbances of the prevailing hydrologic balance in accordance with the requirements of rule 1501:13-9-04 of the Administrative Code.

(2) All auger holes, except as provided in paragraph (C)(3) of this rule, shall be:

(a) Sealed within seventy-two hours after completion with an impervious and noncombustible material, if the holes are discharging water containing acid- or toxic-forming material. If sealing is not possible within seventy-two hours, the discharge shall be treated commencing within seventy-two hours after completion to meet applicable effluent limitations and water-quality standards until the holes are sealed; and

(b) Sealed with an impervious noncombustible material, as contemporaneously as practicable with the augering operation, as approved by the chief, if the holes are not discharging water containing acid- or toxic-forming material.

(3) Auger holes need not be sealed with an impervious material so as to prevent drainage if the chief determines that:

(a) The resulting impoundment of water may create a hazard to the environment or public health or safety; and

(b) The drainage from the auger holes will:

(i) Not pose a threat of pollution of surface water; and

(ii) Comply with the requirements of rule 1501:13-9-04 of the Administrative Code.

(D) Subsidence protection. Auger mining shall be conducted in accordance with the requirements of paragraphs (A) and (D) of rule 1501:13-12-03 of the Administrative Code.

(E) Backfilling and grading.

General. Auger mining shall be conducted in accordance with the backfilling and grading requirements of rule 1501:13-9-14 of the Administrative Code.

(F) Protection of underground mining. Auger holes shall not extend closer than five hundred feet (measured horizontally) to any abandoned or active underground mine workings, except as approved in accordance with rule 1501:13-9-08 of the Administrative Code.

(G) Remining. Auger mining operations that affect previously mined areas containing a preexisting highwall shall comply with the requirements of rule 1501:13-9-14 of the Administrative Code except as provided in paragraph (K) of rule 1501:13-4-12 of the Administrative Code.

Last updated June 26, 2025 at 7:19 AM

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-05

Coal mining operations shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in future coal mining operations is minimized.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: October 27, 1982
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-9-04

(A) General. Mining shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance in both the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the requirements of mining and reclamation rules. The chief may require additional preventive, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.

(B) Water quality standards and effluent limitations.

(1) All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area until vegetation is established, at which time vegetation of the area may be the best technology currently available, provided that drainage from the area:

(a) Meets effluent limitations; and

(b) Does not contribute suspended solids to streamflow.

(2) Sedimentation ponds and other treatment facilities shall be maintained until the quality of the untreated drainage from the disturbed area meets the applicable state and federal water quality standard requirements.

(3) The chief may grant exemptions from the requirements of paragraph (B)(1) of this rule only when:

(a) The chief determines that the disturbed drainage area relative to the total disturbed area is small;

(b) Alternative sediment control measures are provided, if required by the chief; and

(c) The operator demonstrates that the drainage from the disturbed area will meet the effluent limitations of mining and reclamation rules.

(4) For the purposes of this rule only, "disturbed area" shall not include those areas in which only diversion ditches, sedimentation ponds, or roads are installed in accordance with this rule and rule 1501:13-10-01 of the Administrative Code and the upstream area is not otherwise disturbed by the person who conducts coal mining operations.

(5) Before mining commences in any watershed:

(a) A proper sediment control system including sedimentation ponds, diversions, and other treatment methods shall be constructed; and

(b) Upon completion of construction, this sediment control system shall be certified by an engineer or jointly by an engineer and a surveyor, to the extent such joint certification is required or permitted by the chief, as meeting the dimensions and design criteria set forth in the engineering plans, drawings, and design details submitted as part of the application for a permit.

(6) Point source discharge of water from areas disturbed by coal mining operations shall be made in compliance with effluent limitations of all applicable federal and state laws and regulations. All other surface drainage shall not cause additional contributions of suspended solids to streamflows.

(7) Where the sedimentation pond or series of sedimentation ponds is used so as to result in the mixing of drainage from the disturbed areas with drainage from other areas not disturbed by current surface coal mining and reclamation operations, the permittee shall achieve the effluent limitations for all of the mixed drainage when it leaves the permit area.

(C) All facilities utilized by an operator to achieve compliance with federal and state water quality laws shall be properly installed, maintained and operated so that they will perform the functions for which they were designed, and shall be removed in accordance with this rule when no longer needed, unless they have been approved as part of the postmining land use.

(D) Sediment control measures.

(1) The purpose of this rule is to meet the applicable state and federal effluent limitations by means of a combination of sediment control measures which, taken together, comprise a complete sediment control system.

(2) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:

(a) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;

(b) Meet the more stringent of applicable state or federal effluent limitation; and

(c) Minimize erosion to the extent possible.

(3) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to:

(a) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling and grading, and prompt revegetation as required in rule 1501:13-9-15 of the Administrative Code.

(b) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of rule 1501:13-9-14 of the Administrative Code;

(c) Retaining sediment within disturbed areas;

(d) Diverting runoff away from disturbed areas;

(e) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;

(f) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and

(g) Treating with chemicals.

(E) Stream buffer zones.

(1) No land within one hundred feet, measured horizontally, of a perennial or intermittent stream shall be disturbed unless the chief specifically authorizes coal mining operations closer to or through such a stream. The chief may authorize such operations only upon making a finding under both paragraphs (E)(1)(a) and (E)(1)(b) of this rule or under paragraph (E)(1)(c) of this rule:

(a) The operations will not cause or contribute to the violation of applicable state or federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(b) If there will be a temporary or permanent stream channel diversion, it will comply with paragraph (F) of this rule; or

(c) If restoration of a stream or a portion of a stream on the permit area is not possible, restoration off the permit area by means of mitigation has been approved by the chief under rule 1501:13-13-08 of the Administrative Code.

(2) The area not to be disturbed shall be described as a buffer zone, and the operator shall mark it as specified by paragraph (E) of rule 1501:13-9-01 of the Administrative Code.

(F) Diversions.

(1) General requirements.

(a) With the approval of the chief, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of paragraph (G) of this rule for siltation structure removal, may be diverted away from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the chief under paragraph (Q) of this rule.

(b) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to:

(i) Be stable;

(ii) Provide protection against flooding and resultant damage to life and property;

(iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and

(iv) Comply with all applicable local, state, and federal laws and regulations.

(c) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with these rules. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.

(d) The chief may specify design criteria for diversions to meet the requirements of this rule.

(2) Diversion of perennial and intermittent streams.

(a) Diversion of perennial and intermittent streams within the permit area may be approved by the chief after making the finding relating to stream buffer zones that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream.

(b) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a ten-year, six hour precipitation event for a temporary diversion and a one-hundred-year, six hour precipitation event for a permanent diversion.

(d) A permanent stream-channel diversion or a stream channel restored after the completion of mining shall be designed and constructed using natural channel design techniques so as to restore or approximate the premining characteristics of the original stream channel, including the natural riparian vegetation and the natural hydrological characteristics of the original stream, to promote the recovery and enhancement of the aquatic habitat and to minimize adverse alteration of stream channels on and off the site, including channel deepening or enlargement, to the extent possible.

(e) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by an engineer as meeting the performance standards of Chapter 1501:13-9 of the Administrative Code and any design criteria set by the chief.

(3) Diversion of miscellaneous flows.

(a) Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the chief. Miscellaneous flows shall include ground-water discharges and ephemeral streams.

(b) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in paragraph (F)(1) of this rule.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a two-year, six hour precipitation event for a temporary diversion and a ten-year, six hour precipitation event for a permanent diversion.

(G) Siltation structures.

(1) Definitions. For the purposes of this rule only:

(a) "Siltation structure" means a sedimentation pond, a series of sedimentation ponds, or other treatment facility;

(b) "Disturbed" area shall not include those areas:

(i) In which the only surface mining operations include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with mining and reclamation rules; and

(ii) For which the upstream area is not otherwise disturbed by the operator; and

(c) "Other treatment facility" means any chemical treatment, such as flocculation, or mechanical structure, such as a clarifier, that has a point-source discharge and that is utilized to prevent additional contribution of suspended solids to streamflow or runoff outside the permit area.

(2) General requirements.

(a) Additional contributions of suspended solids to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.

(b) All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (B)(3) or (G)(2)(e) of this rule.

(c) Siltation structures for an area shall be constructed before beginning any surface mining operations in that area and, upon construction, shall be certified by an engineer as being constructed as designed and as approved in the reclamation plan.

(d) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with paragraph (H) of this rule.

(e) Siltation structures shall be maintained until removal is authorized by the chief and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than two years after the last augmented seeding, unless, after vegetation is established, the operator demonstrates and the chief approves under paragraph (E)(1)(g) of rule 1501:13-4-05 or paragraph (E)(1)(f) of rule 1501:13-4-14 of the Administrative Code alternative methods of sediment control as the best technology currently available.

(f) When a siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and rule 1501:13-9-15 of the Administrative Code.

(3) Sedimentation ponds.

(a) When used, sedimentation ponds shall:

(i) Be used individually or in series;

(ii) Be located as near as possible to the disturbed area and out of perennial streams unless approved by the chief; and

(iii) Be designed, constructed, and maintained to:

(a) Provide adequate sediment storage volume;

(b) Provide adequate detention time to allow the effluent from the ponds to meet state and federal effluent limitations;

(c) Contain or treat the ten-year twenty-four hour precipitation event ("design event") unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and on a demonstration by the operator that the effluent limitations of this rule will be met;

(d) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraph (G)(3)(a)(iii)(b) of this rule;

(e) Minimize, to the extent possible, short circuiting;

(f) Provide periodic sediment removal sufficient to maintain adequate volume for the design event;

(g) Ensure against excessive settlement;

(h) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal-mine waste; and

(i) Be compacted properly.

(4) Other treatment facilities.

(a) Other treatment facilities shall be designed to treat the ten-year, twenty-four-hour precipitation event unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and a demonstration by the operator that the effluent limitations of this rule will be met.

(b) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph (G)(3) of this rule.

(H) Impoundments.

(1) General requirements. The requirements of paragraph (H)(1) of this rule apply to both temporary and permanent impoundments.

(a) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in the U.S. department of agriculture, natural resources conservation service technical release TR-210-60, "Earth Dams and Reservoirs," March 2019, (which is hereby incorporated by reference) shall comply with the design and construction requirements of paragraph (H) of this rule and either paragraphs (H)(1) and (H)(2) of rule 1501:13-4-05 or paragraphs (H)(1) and (H)(2) of rule 1501:13-4-14 of the Administrative Code. Copies of technical release TR-210-60 may be obtained from the "USDA Natural Resources Conservation Service eDirectives" webpage, https://directives.sc.egov.usda.gov/. Copies can be inspected at the division of mineral resources management headquarters office at 2045 Morse road, building H, Columbus, Ohio 43229.

(b) Design certification. The design of impoundments shall be certified in accordance with rule 1501:13-4-05 or 1501:13-4-14 of the Administrative Code as designed to meet the requirements of this rule using current, prudent, engineering practices and any design criteria established by the chief.

(c) Stability.

(i) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.

(ii) Impoundments not meeting the criteria of paragraph (H)(1)(c)(i) of this rule, except for coal mine waste impounding structures, shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions or be designed in accordance with paragraph (H)(2)(c) of rule 1501:13-4-05 or paragraph (H)(2)(c) of rule 1501:13-4-14 of the Administrative Code.

(d) Freeboard. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall comply with the freeboard hydrograph criteria in "Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria" in technical release TR-210-60.

(e) Foundation.

(i) Foundation and abutments for the impounding structure shall be designed to be stable under all conditions of construction and operation of the impoundment. For impoundments meeting the size or other criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60, sufficient foundation investigations as well as any necessary laboratory testing shall be performed in order to determine the design requirements for foundation stability.

(ii) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.

(f) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.

(g) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.

(h)

(i) An impoundment meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a one-hundred-year, six-hour precipitation event, or greater event as specified by the chief.

(ii) An impoundment not meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a twenty-five-year, six-hour precipitation event, or greater event as specified by the chief.

(iii) An impoundment meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass the design precipitation event using the auxiliary spillway hydrograph criteria in "Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria" in technical release TR-210-60, or greater event specified by the chief.

(iv) Impoundments may use a single open-channel spillway designed and constructed according to paragraph (H)(1)(h)(i), (H)(1)(h)(ii), or (H)(1)(h)(iii) of this rule if the spillway:

(a) Is of nonerodible construction and designed to carry sustained flows; or

(b) Is earth- or grass-lined and designed to carry short-term infrequent flows at nonerosive velocities where sustained flows are not expected.

(i) The vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of highwall to provide adequate safety and access for the proposed water users. For permanent impoundments, the vertical portion of the remaining highwall shall also meet the requirements of paragraph (H)(2)(d) of this rule.

(j) Inspections. An engineer or other qualified professional specialist, under the direction of the engineer, shall inspect the impoundment. The engineer or specialist shall be experienced in the construction of impoundments.

(i) Inspections shall be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance security.

(ii) The engineer shall promptly, after each inspection, provide to the chief a certified report that the impoundment has been constructed and maintained as designed in accordance with the approved plan and these rules. The report shall include discussion of any appearances of instability, structural weakness or other hazardous conditions, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation and any other aspects of the structure affecting stability.

(iii) A copy of the report shall be retained at or near the minesite.

(k) Impoundments meeting the significant hazard potential or high hazard potential classification (formerly called class B or C) criteria for dams in technical release TR-210-60 or subject to 30 C.F.R. 77.216 must be examined in accordance with 30 C.F.R. 77.216-3. Other impoundments shall be examined for appearance of structural weakness and other hazardous conditions at least quarterly by a qualified person designated by the operator.

(l) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the chief of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the chief shall be notified immediately. The chief shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(2) Permanent impoundments. A permanent impoundment of water may be created if authorized by the chief in the approved permit based upon the following demonstration:

(a) The size and configuration of such impoundment will be adequate for its intended purposes;

(b) The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet applicable state and federal water quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable state and federal water quality standards;

(c) The water level will be sufficiently stable and be capable of supporting the intended use;

(d) Final grading will provide for adequate safety and access for proposed water users. For impoundments where the vertical portion of a highwall remains, the vertical portion shall be located at least eight feet below the low-water line;

(e) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses;

(f) The impoundment will be suitable for the approved postmining land use;

(g) The reduced portion of any highwall shall have a final slope appropriate for the postmining land use and shall have a minimum static safety factor of 1.3; and

(h) The face of the reduced portion of any highwall shall be vegetated with species appropriate for the postmining land use.

(3) Temporary impoundments. The chief may authorize the construction of temporary impoundments as part of a mining operation.

(4) Sumps.

(a) Definitions. "Sump" means an excavated temporary impoundment:

(i) Used as:

(a) A secondary structure which discharges into a sedimentation pond, provided the sedimentation pond, in combination with the sump and any other sediment control measures used, achieves the applicable state and federal effluent limitations; or

(b) A primary structure to control the runoff from roads or small drainage exemption areas provided by paragraph (B)(3) of this rule; and

(ii) That has a volume which is compatible with its role within the complete sediment control system.

(b) Sumps are exempt from the requirements of paragraphs (H)(1) to (H)(3) of this rule.

(c) Sump designs shall include size and spillway information and shall address the stability of the structure with respect to public health and safety.

(d) Sumps shall be constructed and maintained to prevent, to the extent possible, additional contributions of suspended solids to runoff outside the permit area.

(e) Before a sump becomes full of sediment, the sediment shall be removed, and the original sump capacity restored.

(I) Discharge structures. Discharges from sedimentation ponds, permanent and temporary impoundments, mine waste disposal areas, and diversions shall be controlled by energy dissipators, riprap channels, and other devices where necessary to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbances to the hydrologic balance. Discharge structures shall be designed according to standard engineering design procedures.

(J) Acid-forming and toxic-forming spoil. Drainage from acid-forming and toxic-forming mine waste materials and spoils into ground and surface water shall be avoided by:

(1) Identifying, burying, and treating where necessary spoil or other materials that, in the judgment of the chief, may be detrimental to vegetation or may adversely affect water quality if not treated or buried;

(2) Preventing water from coming into contact with acid-forming and toxic-forming materials in accordance with paragraph (J) of rule 1501:13-9-14 of the Administrative Code, and other measures as required by the chief; and

(3) Burying or otherwise treating all acid-forming or toxic-forming spoil within thirty days after it is first exposed on the mine site, or within a lesser period designated by the chief. Temporary storage of the spoil may be approved by the chief upon finding that burial or treatment within thirty days is not feasible and will not result in any material risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water.

(K) Ground-water protection.

(1) Backfilled materials shall be placed so as to minimize contamination of ground-water systems with acid, toxic, or otherwise harmful mine drainage, minimize adverse effects of mining on ground-water systems outside the permit area, and to support approved postmining land uses.

(2) To control the effects of mine drainage, pits, cuts, and other mine excavations or disturbances shall be located, designed, constructed, and utilized in such manner as to prevent or control discharge of acid, toxic, or otherwise harmful mine drainage waters into ground-water systems and to prevent adverse impacts on such ground-water systems or on approved postmining land uses.

(L) Protection of ground-water recharge capacity. Other than underground mining operations, all coal mining operations shall be conducted in a manner that facilitates reclamation which will restore approximate premining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding coal processing waste and underground development waste disposal areas and fills, to transmit water to the ground-water system. The recharge capacity shall be restored to a condition which:

(1) Supports the approved postmining land use;

(2) Minimizes disturbances to the prevailing hydrologic balance in the permit and adjacent areas; and

(3) Provides a rate of recharge that approximates the premining recharge rate.

(M) Surface water protection. In order to protect the hydrologic balance, mining operations shall be conducted according to the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code, and the following:

(1) Surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage, prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area, and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this rule, then the operator shall use and maintain the necessary water-treatment facilities or water quality controls.

(2) Surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(N) Surface and ground-water monitoring.

(1) Ground-water monitoring.

(a) Surface mining operators shall monitor ground-water levels and the quality of ground water at least quarterly or more frequently as prescribed by the chief, in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-05 of the Administrative Code, to determine the effects of the coal mining operations on the recharge capacity of reclaimed lands and on the quality and quantity of water in ground-water systems in the permit and adjacent areas.

(i) Monitoring shall include measurements from a sufficient number of wells and springs that are adequate to reflect changes in ground-water quality and quantity resulting from those operations.

(ii) Monitoring shall be adequate to plan for modification of coal mining operations, if necessary, to minimize disturbance of the prevailing hydrologic balance.

(iii) As specified and approved by the chief, the person who conducts surface mining operations shall conduct additional hydrologic tests, including drilling, infiltration tests, and aquifer tests and shall submit the results to the chief, to demonstrate compliance with paragraphs (K) to (N) of this rule.

(b) Underground mining operators shall monitor, at least quarterly or more frequently as prescribed by the chief, the quality and quantity of ground water in the permit and adjacent areas in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-14 of the Administrative Code. Monitoring of an area shall begin one year before the area is mined, shall continue during mining, and shall continue for at least one year after the area is mined, unless the chief determines that monitoring for a shorter period will allow accurate assessment of the impacts on the ground water of the area.

(c) Ground-water monitoring shall result in quarterly or more frequent reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation shall be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(2) Surface-water monitoring.

(a) All surface and underground mining operators shall monitor pond discharges for the national pollutant discharge elimination system (NPDES) permit quarterly in accordance with the monitoring plan submitted under either paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality of the discharges from the permit area;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition or applicable standard within five days of receipt of such results. If there is a failure to comply with an effluent limitation set forth in a NPDES permit, the person who conducts coal mining operations shall forward the analytical results concurrently with the written notice of non-compliance; and

(iii) Result in quarterly reports to the chief submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(b) The chief may require additional surface-water monitoring to be conducted quarterly on the permit or adjacent areas in accordance with the monitoring plans submitted under paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. The chief shall determine the nature of the data and reporting requirements. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition within five days of receipt of such results; and

(iii) Result in quarterly reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(3) Duration of and modifications to monitoring.

(a) Monitoring for ground water and surface water shall be conducted throughout mining and reclamation until final performance security release unless the chief determines, pursuant to paragraph (N)(3)(b)(ii) of this rule, that monitoring is no longer necessary.

(b) Any modification of the monitoring requirements of paragraph (N) of this rule, including the parameters covered and the sampling frequency, shall be made by means of a permit revision pursuant to paragraph (E) of rule 1501:13-4-06 of the Administrative Code. A permit revision may be obtained pursuant to this paragraph if the operator demonstrates, using the monitoring data of this rule, that:

(i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area, water quantity and quality are suitable to support approved postmining land uses, and the water rights of other users have been protected or replaced; or

(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under paragraph (F) of rule 1501:13-4-05 or paragraph (F) of rule 1501:13-4-14 of the Administrative Code.

(O) Transfer of wells. Before final release of performance security, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with rule 1501:13-9-02 of the Administrative Code. With the prior approval of the chief, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with state and local law and the permittee shall remain responsible for the proper management of the well in accordance with rule 1501:13-9-02 of the Administrative Code until performance security release.

(P) Water rights and replacement.

(1) Any person who conducts coal mining operations shall:

(a) Replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been affected by contamination, diminution, or interruption proximately resulting from the coal mining operations; and

(b) Reimburse the owner for the reasonable cost of obtaining a water supply from the time of the contamination, diminution or interruption by the operation until the water supply is replaced.

(2) The hydrologic information required in paragraphs (B) to (G) of rule 1501:13-4-04 or paragraphs (B) to (G) of rule 1501:13-4-13 of the Administrative Code shall, at a minimum, be used to determine the extent of the impact of mining on ground and surface water.

(Q) Discharge of water into underground mines.

(1) Discharges into an underground mine are prohibited, unless specifically approved by the chief after a demonstration that the discharge will:

(a) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from surface mining operations;

(b) Not result in a violation of applicable water quality standards or effluent limitations;

(c) Be at a known rate and quality which shall meet the effluent limitations of this rule for pH and total suspended solids, except that the pH and total suspended solids limitations may be exceeded, if approved by the chief; and

(d) Meet with the approval of MSHA.

(2) Discharges shall be limited to the following:

(a) Water;

(b) Coal processing waste;

(c) Fly ash from a coal-fired facility;

(d) Sludge from an acid-mine-drainage treatment facility;

(e) Flue-gas desulfurization sludge;

(f) Inert material used for stabilizing underground mines; and

(g) Underground mine development wastes.

(R) Postmining rehabilitation of sedimentation ponds, diversions, impoundments and treatment facilities. Before abandoning a permit area or seeking performance security release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of these rules for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structure if necessary to meet requirements of these rules and to conform to the approved reclamation plan.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 14, 2022 at 9:04 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-12-03

(A) The permittee shall either:

(1) Adopt measures consistent with known technology which prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lands; or

(2) Adopt mining technology which provides for planned subsidence in a predictable and controlled manner. Nothing in this part shall be construed to prohibit the standard method of room-and-pillar mining.

(B) The permittee and the operator shall comply with all provisions of the approved subsidence-control plan prepared pursuant to paragraph (M) of rule 1501:13-4-14 of the Administrative Code.

(C) The chief or his or her authorized representative shall notify the permittee of any material damage to structures or surface land, or of any failure to maintain the value or reasonably foreseeable use of surface lands. Except where such damage or failure may be a part of a set of circumstances which constitute a violation (for example, material damage which results from a failure to adopt measures consistent with known technology which prevent subsidence from causing material damage), notification shall be by letter, electronic mail or inspection report and shall not be deemed a notice of violation. Such notification shall not be subject to formal review by the chief, the reclamation commission, or the courts unless and until it serves as the basis for issuance of a notice of violation or chief's order.

(D) The underground mine permittee shall correct any material damage caused to surface lands, to the extent technologically and economically feasible, by restoring the land surface to a condition capable of maintaining the value and reasonably foreseeable uses which it was capable of supporting before subsidence.

(E) Any agreement between the permittee and a surface owner which addresses the repair of or the compensation for damage to the surface owner's structures shall take precedence over the provisions of this rule and the provisions of this rule shall not apply to any damage to such structures.

(F) If the permittee and the owner of structures have no agreement for repair and compensation, the permittee shall promptly repair, or compensate the owner for, material damage resulting from subsidence caused to any non-commercial building or occupied residential dwelling and structures related thereto that existed at the time of mining. If the repair option is selected, the permittee shall fully rehabilitate, restore or replace the damaged structure. If compensation is selected, the permittee shall compensate the owner of the damaged structure for the full amount of the diminution in value resulting from the subsidence-related damage. The permittee may provide compensation by the purchase, prior to mining, of a non-cancelable premium-prepaid insurance policy for the structures in addition to that required by rule 1501:13-7-07 of the Administrative Code. Structures or facilities not listed in paragraphs (J)(1) to (J)(3) of this rule shall be exempted from the requirements of this paragraph if the permittee or operator submits to the chief copies of documents showing clearly and convincingly that, and the chief determines that, the owner of the structure or facility is the permittee or operator.

(G) If and when subsidence occurs which causes material damage to structures listed in paragraphs (J)(1) to (J)(3) of this rule, or to surface lands, or reduces the foreseeable use or value of surface lands, the underground permittee shall submit to the chief within thirty days after the damage occurs:

(1) Site specific plans for the repair or mitigation of the damage, including a time schedule for performance of the remedial actions;

(2) A request for more time to prepare such plans; or

(3) Written or electronic notification that the permittee feels repair or restoration measures are not technologically feasible. If repair or restoration measures are not desired by the owner of a structure or if repair or restoration measures are not technologically feasible, describe other mitigatory measures to be taken as provided for in this rule.

(H) If and when subsidence causes material damage to any non-commercial building or occupied residential dwelling and structures related thereto that existed at the time of mining, and if the permittee has not reached an agreement with the owner of the structure:

(1) The underground permittee or operator shall submit to the chief within thirty days after receipt of the notice provided under paragraph (C) of this rule:

(a) Site specific plans for the repair of or compensation for the damage, including a time schedule for repair or compensation; or

(b) A request for more time to prepare such plans;

(2) The permittee or operator shall fully perform the obligations specified in any plan submitted in accordance with paragraph (H)(1) of this rule within the time period stated in the plan, provided that the surface owner does not prevent the permittee or operator from performing his or her obligations under the plan; and

(3) If the surface owner prevents the implementation of the permittee's or operator's plan for repair or compensation, then the chief shall take no further action and the surface owner may pursue whatever private rights of action may be available to the surface owner.

(I) All remedial, restoration, and mitigatory actions required under this rule shall be performed as soon as practicable.

(J) Unless the subsidence control plan demonstrates that subsidence will not cause material damage or reduce the reasonably foreseeable use of such features or facilities, underground mining activities shall not be conducted beneath or adjacent to:

(1) Public buildings and facilities;

(2) Churches, schools, and hospitals; or

(3) Impoundments with a storage capacity of twenty acre feet or more, or bodies of water with a volume of twenty acre feet or more.

(K) If the chief determines that it is necessary in order to minimize the potential for material damage to the features or facilities described in paragraphs (J)(1) to (J)(3) of this rule or to any aquifer or body of water that serves as a significant water source for any public water supply system and to protect the public health and safety, he or she may limit the percentage of coal extraction under or adjacent to such features or facilities.

(L) If subsidence causes or does material damage to any of the features or facilities covered by paragraphs (J)(1) to (J)(3) of this rule, the chief may suspend mining under or adjacent to such features or facilities until the subsidence control plan is modified to ensure prevention of material damage to such features or facilities.

(M) The chief shall suspend underground coal mining operations under urbanized areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments, or perennial streams, if imminent danger is found to inhabitants of the urbanized areas, cities, towns, or communities.

(N) Within a schedule approved by the chief, the permittee shall submit a detailed plan of the underground workings. The detailed plan shall include maps and descriptions, as appropriate, of significant features of the underground mine, including pillar and entry size, configuration, and approximate locations; extraction ratios; measures taken to prevent or minimize subsidence and related damage; areas of full extraction; and other information required by the chief. Upon request of the permittee, information submitted with the detailed plan may be held as confidential. As a means of complying with the requirements of this paragraph, the permittee may submit a copy of the mine map submitted to the division of mineral resources management pursuant to section 1563.04 of the Revised Code supplemented with any items needed to meet all the requirements of this paragraph.

(O) Surface owner notification. The permittee shall mail or send by another method able to track receipt of delivery a written notice to owners and occupants of surface property or structures, including wells and buried oil, gas, or utility lines, of the intention of the permittee to mine under such property or structures. Notification shall be mailed at least six months before the mining is to occur or, if a lesser period is approved by the chief, may be mailed less than six months before mining is to occur. The notice shall contain:

(1) Identification of specific areas in which mining will take place;

(2) Approximate dates that specific areas will be undermined;

(3) The location or locations where the subsidence control plan of the permittee may be examined; and

(4) A statement of the permittee's intent to conduct a pre-subsidence survey of all structures, buildings, features and facilities protected under this rule to determine their condition prior to mining, including information on when the survey will be conducted and the area the survey will include. The permittee shall prepare a written report of the survey and provide a copy to the owner or resident of the property which is the subject of the survey and retain a copy for inspection by the chief.

Last updated February 14, 2022 at 1:23 PM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-14

(A) In order to achieve the approximate original contour, the operator shall, as provided by this rule, transport, backfill, compact where advisable to ensure stability or to prevent leaching of toxic materials, and grade all spoil material to eliminate all highwalls, spoil piles, and depressions. Where highwalls are reduced by blasting, all of the provisions of this rule will apply. Small depressions may be left if compatible with the future land use and comply with the requirements of this rule. Cut and fill terraces may be used only in those situations expressly identified in this rule. The postmining graded slopes must approximate the premining natural slopes in the area in accordance with paragraphs (B) and (C)(1) of this rule, except as provided under paragraph (L) of this rule.

(B) Slope measurements.

(1) To determine the natural slopes of the area before mining, representative slopes must be accurately measured and recorded.

(a) Each slope measurement shall be taken along the prevailing slope extending one hundred linear feet above and below or beyond the coal outcrop or the area to be disturbed, or, where this is impractical, at locations specified by the chief.

(b) Where the area has been previously mined, the measurements shall be representative of the premining configuration of the land.

(c) Slope measurements shall take into account natural variations in slope so as to provide accurate representation of the range of natural slopes and shall reflect geomorphic differences of the area to be disturbed.

(2) After the disturbed area has been graded, the final graded slopes shall be measured, comparing the premining slope measurements as shown on the application map.

(3) Slope measurements shall be subject to a five-degree tolerance unless otherwise specified by the chief, provided that this tolerance does not conflict with the approved postmining land use.

(C) Final graded slopes.

(1) The final graded slopes shall not exceed either the approximate premining slopes as determined according to paragraph (B) of this rule and approved by the chief or any lesser slope specified by the chief based on consideration of soil, climate, or other characteristics of the surrounding area. Proof of a minimum long-term static safety factor of 1.3 for the final slopes may be required by the chief. Final graded slopes shall not exceed the angle of repose or such lesser slope as is necessary to achieve this minimum long-term static safety factor and to prevent slides. Postmining final graded slopes need not be uniform.

(2) On approval by the chief and in order to conserve soil moisture, ensure stability, and control erosion on final grade slopes, cut and fill terraces may be allowed if the terraces are compatible with the postmining land use approved under rule 1501:13-9-17 of the Administrative Code, and are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces shall meet the following requirements:

(a) The design and construction is to be certified by an engineer;

(b) The slope of the terrace outslope shall not exceed fifty per cent; and

(c) No highwalls may be left.

(3) All operations on natural slopes of more than twenty degrees or on such lesser slopes as the chief defines as a steep slope shall meet the provisions of rule 1501:13-13-05 of the Administrative Code.

(D) Spoil, except excess spoil disposed of in accordance with rule 1501:13-9-07 of the Administrative Code, shall be returned to the mined-out area or used in accordance with paragraph (E) of this rule for blending to restore approximate original contour.

(E) Blending of spoil. Spoil may be placed on the area outside the mined-out area in nonsteep slope areas within the limits of the approximate original contour by blending the spoil into the surrounding terrain provided all the following requirements are met:

(1) All vegetative and organic material shall be removed from the area;

(2) The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with rule 1501:13-9-03 of the Administrative Code; and

(3) The spoil area shall be backfilled and graded on the area in accordance with the requirements of this rule.

(F) Mountaintop removal. The requirements of this paragraph and of rule 1501:13-13-04 of the Administrative Code shall apply to coal mining operations which remove entire coal seams in the upper part of a mountain, ridge, or hill by removing all of the overburden. Final graded top plateau slopes on the mined area shall be less than twenty per cent so as to create a level plateau or gently rolling configuration and the outslopes of the plateau shall not exceed fifty per cent or such lesser slopes as the chief shall prescribe. Although the area need not be restored to approximate original contour, all highwalls, spoil piles, and depressions except as provided in paragraphs (G) and (H) of this rule shall be eliminated. All mountaintop removal operations shall, in addition, meet the provisions of rule 1501:13-13-04 of the Administrative Code.

(G) Small depressions. The requirement of this rule to achieve the approximate original contour does not prohibit construction of small depressions if they are approved by the chief to minimize erosion, conserve soil moisture, promote revegetation, or enhance fish and wildlife. These depressions shall be compatible with the approved postmining land use and shall not be inappropriate substitutes for construction of lower grades on the reclaimed lands. The total surface area and the holding capacity of the depression shall be approved by the chief. Permanent impoundments shall be governed by paragraph (H) of this rule and by rule 1501:13-9-04 of the Administrative Code.

(H) Permanent impoundments. Permanent impoundments may be retained in mined and reclaimed areas provided all highwalls are eliminated by grading to appropriate contour and the provisions for postmining land use pursuant to rule 1501:13-9-17 of the Administrative Code and protection of the hydrologic balance pursuant to rule 1501:13-9-04 of the Administrative Code are met. No impoundments shall be constructed on top of areas in which excess spoil is deposited pursuant to rule 1501:13-9-07 of the Administrative Code.

(I) Regrading or stabilizing rills and gullies. Rills and gullies which form in regraded, topsoiled areas shall be filled, regraded or otherwise stabilized and have the topsoil replaced and the areas reseeded or replanted, when the rills and gullies either:

(1) Disrupt the approved postmining land use or the reestablishment of the vegetative cover; or

(2) Cause or contribute to a violation of water quality standards.

(J) Covering or otherwise treating coal and acid-forming, toxic-forming, combustible, and other waste materials; stabilizing backfilled materials; and using waste material for fill.

(1) Covering all exposed coal seams remaining after mining. Any acid-forming, toxic-forming or combustible materials, or any other waste materials exposed, used, or produced from a coal mining operation shall be:

(a) Placed in such a manner so as to:

(i) Isolate said materials to minimize contact with water;

(ii) Prevent combustion; and

(iii) Prevent adverse effects on plant growth and land use;

(b) Placed in such a manner so as not to be in proximity to a drainage course; and

(c) Covered with four feet of nontoxic and noncombustible material or treated to a nontoxic and noncombustible state. The chief may allow less than four feet of cover material based on physical and chemical analyses which show the requirements of rule 1501:13-9-15 of the Administrative Code will be met.

(2) Stabilization. Backfilled materials shall be selectively placed and compacted wherever necessary to prevent leaching of acid- or toxic-forming materials into surface or subsurface waters in accordance with rule 1501:13-9-04 of the Administrative Code and wherever necessary to ensure the stability of the backfilled materials. The method of compacting material and the design specifications shall be approved by the chief before the acid- or toxic-forming materials are covered.

(3) Use of waste materials as fill. Coal mine wastes may be disposed of in the mined-out area only if disposed of in accordance with paragraphs (A) and (B) of rule 1501:13-9-09 of the Administrative Code, except that a long-term static safety factor of 1.3 shall be achieved.

(K) Grading along the contour. All final grading, preparation of overburden before replacement of topsoil, and placement of topsoil in accordance with rule 1501:13-9-03 of the Administrative Code, shall be done along the contour to minimize subsequent erosion and instability. If such grading, preparation or placement along the contour would be hazardous to equipment operators, then grading, preparation, or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation, or placement shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.

(L) The postmining slope may vary from the approximate original contour when approval is obtained from the chief for:

(1) Mountaintop removal operations in accordance with paragraph (C) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of paragraph (F) of this rule and of rule 1501:13-13-04 of the Administrative Code are met;

(2) A variance from approximate original contour requirements in accordance with paragraph (E) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of rule 1501:13-13-05 of the Administrative Code are met; or

(3) Incomplete elimination of highwalls in previously mined areas in accordance with paragraph (K) of rule 1501:13-4-12 of the Administrative Code, provided the following performance standards are met. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

(a) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the highwall. The area of reasonably available spoil shall be included within the permit area;

(b) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability;

(c) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the chief, that the highwall remnant is stable;

(d) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment; and

(e) For auger mining operations, the following additional requirements shall be met:

(i) The coal seam mined shall be covered with a minimum of four feet of nonacid-, nontoxic-forming material; and

(ii) The person who conducts the auger mining operation shall demonstrate to the chief that the backfill, designed by an engineer, has a minimum static safety factor for the stability of the backfill of at least 1.3.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-9-08

(A) General requirements for surface mining operations. No surface mining operations shall be conducted closer than five hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that:

(1) The nature, timing, and sequence of the operations that propose to mine closer than five hundred feet to an active underground mine are jointly approved by the chief and MSHA; and

(2) The operations result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.

(B) General requirements for underground mining operations. No underground mining operations shall be conducted closer than two hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that:

(1) The nature, timing, and sequence of the operations that propose to mine closer than two hundred feet to an active underground mine are jointly approved by the chief and MSHA; and

(2) The operations result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.

(C) General requirements for coal exploration drilling. No coal exploration drilling shall be conducted closer than two hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that the nature, timing, and sequence of coal exploration drilling closer than two hundred feet to an active underground mine are jointly approved by the chief and MSHA.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-12

(A) Scope. This rule establishes the minimum requirements for permits for certain categories of coal mining and reclamation operations. These requirements are in addition to the general permit requirements contained in Chapter 1501:13-4 of the Administrative Code. All of the provisions of Chapter 1501:13-4 of the Administrative Code apply to such operations, unless otherwise specifically provided in this rule.

(B) Experimental mining practices.

(1) "Experimental practices," as used in this rule, means the use of alternative coal mining and reclamation operation practices for experimental or research purposes. Experimental practices need not comply with specific environmental protection performance standards of these rules, if approved pursuant to paragraph (B) of this rule.

(2) No person shall engage in or maintain any experimental practice, unless that practice is first approved in a permit by the chief and the director of the office of surface mining.

(3) Each person who desires to conduct an experimental practice shall submit a permit application for the approval of the chief and the director of the office of surface mining. The permit application shall contain descriptions, maps, plans, and data which show:

(a) The nature of the experimental practice, including a description of the performance standards for which variances are requested, the duration of the experimental practice, and the special monitoring which will be conducted;

(b) How use of the experimental practice:

(i) Encourages advances in mining and reclamation technology; or

(ii) Allows a postmining land use for industrial, commercial, residential, or public use (including recreational facilities), on an experimental basis, when the results are not otherwise attainable under Chapter 1513. of the Revised Code and rules adopted thereunder;

(c) That the mining and reclamation operations proposed for using an experimental practice are not larger nor more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice;

(d) That the experimental practice:

(i) Is potentially more, or at least as, environmentally protective during and after the proposed mining and reclamation operations as those practices otherwise required under division 1501:13 of the Administrative Code; and

(ii) Will not reduce the protection afforded public health and safety below that provided by the requirements of division 1501:13 of the Administrative Code; and

(e) That the applicant will conduct special monitoring with respect to the experimental practice during and after the operations involved. The monitoring program shall:

(i) Ensure the collection, analysis and reporting of sufficient and reliable data to enable the chief and the director of the office of surface mining to make adequate comparisons with other coal mining and reclamation operations employing similar experimental practices; and

(ii) Include requirements designed to identify, as soon as possible, potential risks to the environment and public health and safety from the use of the experimental practice.

(4) Each application shall set forth the environmental protection performance standards of division 1501:13 of the Administrative Code which will be implemented in the event the objective of the experimental practice is a failure.

(5) All experimental practices for which variances are sought shall be specifically identified through newspaper advertisements by the applicant and the written notifications by the chief required in sections 1513.07 and 1513.071 of the Revised Code.

(6) No permit authorizing an experimental practice shall be issued, unless the chief first finds, in writing, upon the basis of both a complete application filed in accordance with the requirements of paragraph (B) of this rule and the concurrence of the director of the office of surface mining that:

(a) The experimental practice meets all of the requirements of paragraph (B)(3) of this rule;

(b) The experimental practice has been specifically approved, in writing, by the director of the office of surface mining based on the director's findings that all of the requirements of paragraph (B)(3) of this rule will be met;

(c) The experimental practice is based on a clearly defined set of objectives which can reasonably be expected to be achieved; and

(d) The permit contains conditions which specifically:

(i) Limit the experimental practice authorized to that granted by the chief and the director of the office of surface mining;

(ii) Impose enforceable alternative environmental protection requirements; and

(iii) Require the person to conduct the periodic monitoring, recording and reporting program set forth in the application, with such additional requirements as the chief or the director of the office of surface mining may require.

(7) Each permit which authorizes the use of an experimental practice shall be reviewed in its entirety by the chief at a frequency set forth in the approved permit but no less frequently than every two and one-half years. After review, the chief may require such reasonable revision or modification of the permit provisions necessary to ensure that the operations involved are conducted to protect fully the environment and public health and safety. Copies of the decision of the chief shall be provided to the permittee and be subject to review as provided by section 1513.13 of the Revised Code.

(C) Mountaintop removal mining.

(1) Any person who conducts or intends to conduct surface mining operations by mountaintop removal mining shall apply for a variance from approximate original contour restoration requirements in accordance with the requirements of paragraph (C) of this rule.

(2) The chief may issue a permit for mountaintop removal mining, including a variance from the requirements of rule 1501:13-9-14 of the Administrative Code regarding approximate original contour, if he or she first finds, in writing, on the basis of a complete application, that the following requirements are met:

(a) The proposed postmining land use of the lands to be affected will be an industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use and if:

(i) After consultation with the appropriate land use planning agencies, if any, the proposed land use is deemed by the chief to constitute an equal or better economic or public use of the affected land compared with the premining use;

(ii) The applicant demonstrates compliance with the requirements for acceptable alternative postmining land uses of rule 1501:13-9-17 of the Administrative Code;

(iii) The proposed use would be compatible with adjacent land uses and existing state and local land use plans and programs; and

(iv) The chief has provided, in writing, an opportunity of not more than sixty days to review and comment on such proposed use to the local government in whose jurisdiction the land is located and any state or federal agency which the chief, in his or her discretion, determines to have an interest in the proposed use;

(b) The applicant has demonstrated that, in place of restoration of the land to be affected to the approximate original contour under rule 1501:13-9-14 of the Administrative Code, the operation will be conducted in compliance with the requirements of rule 1501:13-13-04 of the Administrative Code;

(c) The requirements of rule 1501:13-13-04 of the Administrative Code are made a specific condition of the permit;

(d) All other requirements of Chapter 1513. of the Revised Code and these rules are met by the proposed operations; and

(e) The permit is clearly identified as being for mountaintop removal mining.

(3) Review of special permits.

(a) Any permits incorporating a variance issued under paragraph (C) of this rule shall be reviewed by the chief to evaluate the progress and development of the mining operations to establish that the operator is proceeding in accordance with the terms of the variance:

(i) Within the sixth month preceding the third year from the date of its issuance;

(ii) Before each permit renewal; and

(iii) Not later than the middle of each permit term.

(b) Any review required under paragraph (C)(3) of this rule need not be held if the permittee has demonstrated and the chief finds, in writing, within three months before the scheduled review, that all operations under the permit are proceeding and will continue to be conducted in accordance with the terms of the permit and requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(c) The chief may modify the terms and conditions of a permit for mountaintop removal mining at any time if he or she determines that more stringent measures are necessary to ensure that the operation involved is conducted in compliance with the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(D) Steep slope mining.

(1) Any person who conducts or intends to conduct steep slope coal mining and reclamation operations shall comply with the requirements of paragraph (D) of this rule except in any of the following situations:

(a) An operator proposes to conduct coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain or predominantly flat area, but on which an occasional steep slope is encountered as the mining operation proceeds;

(b) A person obtains a permit under the provisions of paragraph (C) of this rule; or

(c) To the extent that a person obtains a permit incorporating a variance under paragraph (E) of this rule.

(2) Any application for a permit for coal mining and reclamation operations covered by paragraph (D) of this rule shall contain sufficient information to establish that the operations will be conducted in accordance with the requirements of rule 1501:13-13-05 of the Administrative Code.

(3) No permit shall be issued for any operations covered by paragraph (D) of this rule unless the chief finds, in writing, that in addition to meeting all other requirements of this rule, the operation will be conducted in accordance with the substantive requirements of rule 1501:13-13-05 of the Administrative Code.

(E) Permits incorporating variances from approximate original contour restoration requirements. The chief may, under paragraph (E) of this rule, issue a permit for non-mountaintop removal, steep slope, mining which includes a variance from the requirements of rules 1501:13-9-14 and 1501:13-13-05 of the Administrative Code regarding approximate original contour restoration requirements.

(1) The chief may issue a permit for coal mining incorporating a variance under paragraph (E) of this rule only if he or she first finds, in writing, on the basis of a complete application, that all of the following requirements are met:

(a) The applicant has demonstrated that the purpose of the variance is to make the lands to be affected within the permit area suitable for an industrial, commercial, residential, or public postmining land use (including recreational facilities);

(b) The proposed use, after consultation with the appropriate land use planning agencies, if any, constitutes an equal or better economic or public use;

(c) The applicant has demonstrated compliance with the requirements for acceptable alternative postmining land uses of rule 1501:13-9-17 of the Administrative Code;

(d) The applicant has demonstrated that the watershed of lands within the proposed permit area and adjacent areas will be improved by the operations. The watershed will only be deemed improved if:

(i) There will be a reduction in the amount of total suspended solids or other pollutants discharged to ground or surface waters from the permit area as compared to such discharges prior to mining, so as to improve public or private uses or the ecology of such waters, or there will be reduced flood hazards within the watershed containing the permit area by reduction of peak flow discharges from precipitation events or thaws;

(ii) The total volume of flows from the proposed permit area, during every season of the year, will not vary in a way that adversely affects the ecology of any surface water or any existing or planned use of surface or ground water; and

(iii) The appropriate Ohio environmental agency approves the plan;

(e) The proposed use is designed and certified by an engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site;

(f) The highwall is to be completely backfilled with spoil material, in a manner which results in a static safety factor of at least 1.3, using standard geotechnical analysis;

(g) Only the amount of spoil necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of Chapter 1513. of the Revised Code and rules adopted thereunder is to be placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with rule 1501:13-9-07 of the Administrative Code;

(h) Federal, state and local government agencies with an interest in the proposed land use have an adequate period in which to review and comment on the proposed use;

(i) The applicant has demonstrated that the owner of the surface of the lands within the permit area has knowingly requested, in writing, as part of the application, that a variance be granted. The request shall be made separately from any surface owner consent given for the operations under paragraph (D) of rule 1501:13-4-03 of the Administrative Code and shall show an understanding that the variance could not be granted without the surface owner's request; and

(j) All other requirements of Chapter 1513. of the Revised Code and rules adopted thereunder will be met by the proposed operations.

(2) If a variance is granted under paragraph (E) of this rule:

(a) The requirements of paragraph (E) of this rule shall be made a specific condition of the permit; and

(b) The permit shall be specifically marked as containing a variance from approximate original contour.

(3) Any permits incorporating a variance issued under paragraph (E) of this rule shall be reviewed by the chief to evaluate the progress and development of the mining operations and to establish that the operator is proceeding in accordance with the terms of the variance:

(a) Within the sixth month preceding the third year from the date of its issuance;

(b) Before each permit renewal; and

(c) Not later than the middle of each permit term.

(4) If the permittee demonstrates to the chief at any of the times specified in paragraph (E)(3) of this rule that the operations involved have been and continue to be conducted in compliance with the terms and conditions of the permit, the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code, the review required at that time need not be held.

(5) The terms and conditions of a permit incorporating a variance under paragraph (E) of this rule may be modified at any time by the chief if he or she determines that more stringent measures are necessary to ensure that the operations involved are conducted in compliance with the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder.

(F) Prime farmlands.

(1) Paragraph (F) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations on prime farmlands used for cropland. It does not apply to lands included in any existing coal mining operations for which a permit was issued for all or any part thereof prior to August 3, 1977, provided that:

(a) Such lands are part of a single continuous coal mining operation begun under a permit issued before August 3, 1977;

(b) The permittee had a legal right to mine the lands prior to August 3, 1977, through ownership, contract, or lease but not including an option to buy, lease, or contract; and

(c) The lands contain part of a continuous recoverable coal seam that was being mined in a single continuous mining pit or multiple pits if the lands are proven to be part of a single continuous coal mining operation begun under a permit issued prior to August 3, 1977.

(d) For purposes of paragraph (F) of this rule:

(i) A pit shall be deemed to be a single continuous mining pit even if portions of the pit are crossed by a road, pipeline, railroad, or powerline or similar crossing; and

(ii) A single continuous coal mining operation is presumed to consist only of a single continuous mining pit under a permit issued prior to August 3, 1977, but may include non-contiguous parcels if the operator can prove by clear and convincing evidence that, prior to August 3, 1977, the non-contiguous parcels were part of a single permitted operation. For the purposes of this paragraph, clear and convincing evidence includes, but is not limited to, contracts, leases, deeds, or other properly executed legal documents (not including options) that specifically treat physically separate parcels as one coal mining operation.

(2) Application contents for prime farmland. If land within the proposed permit area is identified as prime farmland under paragraph (J) of rule 1501:13-4-04 or paragraph (J) of rule 1501:13-4-13 of the Administrative Code, the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, at a minimum:

(a) A soil survey of the permit area according to the standards of the national cooperative soil survey and in accordance with the procedures set forth in the United States department of agriculture handbooks 436 ("Soil Taxonomy," second edition, 1999) and 18 ("Soil Survey Manual," fourth edition, 2017);

(i) These publications are hereby incorporated by reference. Agriculture handbooks 436 ("Soil Taxonomy") and 18 ("Soil Survey Manual") are available under technical references on the natural resources conservation service website: https://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ref/?cid=stelprdb1247805. Copies of these documents are also available from "NRCS Distribution Center" at https://nrcspad.sc.egov.usda.gov/DistributionCenter/; e-mail nrcsdistributioncenter@ia.usda.gov; or call (888) 526-3227;

(ii) The soil survey shall include a description of soil mapping units and a representative soil profile description as determined by the U.S. natural resources conservation service, including, but not limited to, soil-horizon depths, pH, and the range of soil densities for each prime farmland soil unit within the permit area. Other representative soil profile descriptions from the locality, prepared in conjunction with the national cooperative survey, may be used if their use is approved by the state conservationist, U.S. natural resources conservation service;

(b) The proposed method and type of equipment to be used for removal, storage, and replacement of the soil in accordance with rule 1501:13-13-03 of the Administrative Code;

(c) The method to be employed in avoiding excessive compaction in the replacement of soil;

(d) The location of areas to be used for the separate stockpiling of the soil and plans for soil stabilization before redistribution;

(e) Plans for seeding or cropping the final graded disturbed land and the conservation practices to be used to adequately control erosion and sedimentation and to restore an adequate soil moisture regime, during the period from completion of regrading until release of the performance security as required by Chapter 1513. of the Revised Code and these rules. Proper adjustments for seasons must be proposed so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions;

(f) Available agricultural school studies or other scientific data for areas with comparable soils, climate, and management (including water management) that demonstrate that the proposed method of reclamation will achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before mining;

(g) A demonstration that the applicant has the technological capability to restore the prime farmland to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management; and

(h) In all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as non-mined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to paragraph (F)(2)(a) of this rule.

(3) Consultation with the United States secretary of agriculture. Before any permit is issued for areas that include prime farmlands, the chief shall consult with the United States secretary of agriculture. The United States secretary of agriculture shall provide for review of and comment on the proposed method of soil reconstruction in the plan submitted under paragraph (F)(2) of this rule. If the United States secretary of agriculture considers those methods to be inadequate, he or she shall suggest revisions resulting in more complete and adequate reconstruction. The United States secretary of agriculture has assigned his or her responsibilities under this rule to the administrator of the United States natural resources conservation service. The natural resources conservation service shall carry out consultation and review through the conservationist for the state of Ohio.

(4) Issuance of permit. A permit for the mining and reclamation of prime farmland may be granted by the chief, if he or she first finds, in writing, upon the basis of a complete application, that:

(a) The approved proposed post-mining land use of these prime farmlands will be cropland;

(b) The permit incorporates as specific conditions the contents of the plan submitted under paragraph (F)(2) of this rule, after consideration of any revisions to that plan suggested by the secretary of agriculture under paragraph (F)(3) of this rule;

(c) The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management;

(d) The proposed operations will be conducted in compliance with all of the requirements of rule 1501:13-13-03 of the Administrative Code and other environmental performance and reclamation standards for mining and reclamation of prime farmland; and

(e) The aggregate total prime farmland acreage will not be decreased from that which existed prior to mining. Permanent water bodies, if any, to be constructed during mining and reclamation operations will be located within the post-reclamation non-prime farmland portions of the permit area.

If the prime farmland acreage is to be restored in a location other than the premining location, the relocation must be approved by the chief and the permittee must obtain the consent of all affected surface owners.

(G) Variances for delay in contemporaneous reclamation requirement in combined surface and underground mining operations.

(1) Scope. Any person who conducts or intends to conduct combined surface mining and underground coal mining operations, where contemporaneous reclamation as required by rule 1501:13-9-13 of the Administrative Code is not practicable and a delay is requested to allow underground mining operations to be conducted before the reclamation operation for the surface mining operations can be completed, shall meet the requirements of paragraph (G) of this rule.

(2) The chief may allow the delay in reclaiming where the delay will allow underground mining operations to be conducted to ensure both maximum practical recovery of coal resources and to avoid multiple future disturbances of surface lands or waters.

(3) Application contents for variances. Any person who desires to obtain a variance under paragraph (G) of this rule shall file with the chief complete applications for both the surface mining and underground mining operations which are to be combined. The mining and reclamation operation plans for these permits shall contain appropriate narratives, maps and plans, which:

(a) Show why the proposed underground mining operations are necessary or desirable to assure maximum practical recovery of coal;

(b) Show how the multiple future disturbances of surface lands or waters will be avoided;

(c) Identify the specific surface areas for which a variance is sought and the particular provisions of Chapter 1513. of the Revised Code and these rules from which a variance is being sought;

(d) Show how the operations will comply with rule 1501:13-9-08 of the Administrative Code;

(e) Show why the variance sought is necessary for the implementation of the proposed underground mining operations;

(f) Provide an assessment of the adverse environmental consequences and damages, if any, that will result if the reclamation of coal mining operations is delayed; and

(g) Show how off-site storage of spoil will be conducted to comply with the applicable requirements of rule 1501:13-9-07 of the Administrative Code.

(4) Issuance of permit. A permit incorporating a variance under paragraph (G) of this rule may be issued by the chief if he or she first finds, in writing, upon the basis of a complete application filed in accordance with paragraph (G) of this rule, that:

(a) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations;

(b) The proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple future disturbances of surface land or waters;

(c) The applicant has satisfactorily demonstrated that the applications for the surface mining and underground mining operations conform to the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code, and that all other permits necessary for the underground mining operations have been issued by the appropriate authority;

(d) The surface area of the surface mining operations proposed for the variance has been shown by the applicant to be necessary for implementing the proposed underground mining operations;

(e) No substantial adverse environmental damage, either off-site or on-site, will result from the delay in completion of reclamation otherwise required by division (A)(15) of section 1513.16 of the Revised Code and Chapters 1501:13-9 to 1501:13-11 of the Administrative Code;

(f) The operations will, insofar as a variance is authorized, be conducted in compliance with the requirements of Chapter 1513. of the Revised Code and rule 1501:13-9-08 of the Administrative Code;

(g) Provisions for the placement of excess spoil will comply with the requirements of division (A)(21) of section 1513.16 of the Revised Code and rule 1501:13-9-07 of the Administrative Code;

(h) Liability under the performance security required to be filed by the applicant with the chief pursuant to Chapter 1513. of the Revised Code and these rules shall be for the duration of the underground mining operations and until all requirements of Chapter 1513. of the Revised Code and rules adopted thereunder have been complied with; and

(i) The permit for the surface mining operations contains specific conditions:

(i) Delineating the particular surface areas for which a variance is authorized; and

(ii) Providing a detailed schedule for compliance with the particular requirements of this rule.

(5) Review of permits containing variances. Variances granted under permits issued under paragraph (G) of this rule shall be reviewed by the chief no later than three years from the dates of issuance of the permit and any permit renewals.

(H) Augering.

(1) Paragraph (H) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations utilizing augering operations.

(2) Any application for a permit for operations covered by paragraph (H) of this rule shall contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with the provisions of rule 1501:13-13-02 of the Administrative Code.

(3) No permit shall be issued for any operations covered by paragraph (H) of this rule unless the chief finds, in writing, that in addition to meeting all other applicable requirements of this rule, the operation will be conducted in compliance with rule 1501:13-13-02 of the Administrative Code.

(I) Coal preparation plants or support facilities not located within the permit area of a specified mine.

(1) Paragraph (I) of this rule applies to any person who operates or intends to operate a coal preparation plan or support facility outside the permit area of any mine, other than such plants or facilities which are located at the site of ultimate coal use. Any person who operates such a preparation plant or support facility shall have obtained a permit from the chief in accordance with the requirements of paragraph (I) of this rule.

(2) Any application for a permit for operations covered by paragraph (I) of this rule shall contain in the mining and reclamation plan, specific plans, including descriptions, maps and cross sections of the construction, operation, maintenance and removal of the preparation plants and support facilities. The plan shall demonstrate that those operations will be conducted in compliance with rule 1501:13-13-06 of the Administrative Code. Each application shall contain the information required under Chapter 1501:13-4 of the Administrative Code for the proposed permit area in sufficient detail for the chief to determine the estimated cost of reclamation, pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code, if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee. This estimate shall include:

(a) Operational detail sufficient to determine the greatest potential reclamation cost liability to the state; and

(b) Any other operational detail required by the chief that may affect the cost of reclamation by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(3) No permit shall be issued for any operation covered by paragraph (I) of this rule, unless the chief finds, in writing, that, in addition to meeting all other applicable requirements of Chapter 1501:13-4 of the Administrative Code, the operations will be conducted in compliance with the requirements of rule 1501:13-13-06 of the Administrative Code.

(J) In situ processing activities.

(1) Paragraph (J) of this rule applies to any person who conducts or intends to conduct coal mining and reclamation operations utilizing in situ processing activities.

(2) Any application for a permit for operations covered by paragraph (J) of this rule shall be made according to all requirements of these rules applicable to underground mining operations. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing that those operations will be conducted in compliance with the applicable requirements of rule 1501:13-13-07 of the Administrative Code, including:

(a) Delineation of proposed holes and wells and production zone for approval of the chief;

(b) Specifications of drill holes and casings proposed to be used;

(c) A plan for treatment, confinement or disposal of all acid-forming, toxic-forming or radioactive gases, solids or liquids constituting a fire, health, safety, or environmental hazard caused by the mining and recovery process; and

(d) Plans for monitoring surface and ground water and air quality, as required by the chief.

(3) No permit shall be issued for operations covered by paragraph (J) of this rule unless the chief first finds, in writing, upon the basis of a complete application made in accordance with paragraph (I)(2) of this rule, that the operation will be conducted in compliance with all requirements of Chapter 1501:13-4 of the Administrative Code relating to underground mining operations and the requirements of Chapters 1501:13-9 to 1501:13-12 and rule 1501:13-13-07 of the Administrative Code.

(K) Permits incorporating variances from approximate original contour restoration requirements for remining operations on previously mined areas. The chief may issue a permit for remining operations on previously mined lands which includes a variance from the requirements of rule 1501:13-9-14 of the Administrative Code requiring elimination of highwalls, provided requirements of paragraph (K) of this rule are met.

(1) The operator of the remining operation shall demonstrate in writing to the chief that the volume of all reasonably available spoil is insufficient to completely backfill the reaffected or enlarged highwall.

(2) If the operator makes the proper demonstration to the chief under paragraph (K)(1) of this rule and the chief issues a permit with a variance for previously mined areas, the remining operation shall be conducted in accordance with the requirements of paragraph (L)(3) of rule 1501:13-9-14 of the Administrative Code.

(L) Lands eligible for remining. Paragraph (L) of this rule applies to any person who proposes to conduct coal mining and reclamation operations on areas eligible for remining. The requirements of this paragraph shall apply until September 30, 2004, or any later date authorized by federal law. The application for a permit containing areas proposed to be remined must include the following:

(1) A description of the proposed lands eligible for remining and a demonstration, to the satisfaction of the chief, how such lands meet the eligibility requirements specified by section 1513.37 of the Revised Code.

(2) Identification, to the extent not otherwise addressed in the permit application, of any potential environmental and safety problems related to the prior mining activity at the site which could be reasonably anticipated to occur. This identification shall be based on a due diligence investigation which shall include visual observations at the site, a record review of past mining at the site, and environmental sampling tailored to current site conditions.

(3) A description, with regard to potential environmental and safety problems identified in paragraph (L)(2) of this rule, of the mitigative measures that will be taken to ensure that the applicable reclamation requirements of Chapter 1513. of the Revised Code and rules adopted thereunder can be met.

Last updated February 14, 2022 at 9:03 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-13-03 Operations on prime farmland.

(A) Special requirements. Coal mining and reclamation operations conducted on prime farmland shall meet the following requirements:

(1) A permit shall be obtained for those operations under paragraph (F) of rule 1501:13-4-12 of the Administrative Code; and

(2) Soil materials to be used in the reconstruction of the prime farmland soil shall be removed before drilling, blasting, or mining, in accordance with paragraphs (B) and (C) of this rule and in a manner that prevents mixing or contaminating these materials with undesirable material. Where removal of soil materials results in erosion that may cause air and water pollution, the chief shall specify methods to control erosion of exposed overburden.

(B) Soil reconstruction specifications. The chief shall use soil reconstruction specifications established by the U.S. natural resources conservation service for prime farmland soil removal, storage, replacement, and reconstruction as guidelines in carrying out his or her responsibilities under paragraph (F) of rule 1501:13-4-12 of the Administrative Code and Chapter 1501:13-7 of the Administrative Code.

(C) Soil removal.

(1) Coal mining and reclamation operations on prime farmland shall be conducted to:

(a) Separately remove the topsoil or other suitable soil materials if such soil materials will create a final soil having a greater productive capacity than that which existed prior to mining. If not utilized immediately the material shall be stockpiled separately from other rooting medium and spoil; and

(b) Separately remove the B horizon of the soil, or a combination of B horizon and underlying C horizon, or other suitable soil material if such soil material will create a reconstructed soil of equal or greater productive capacity than that which existed before mining.

(2) The minimum depth of soil and soil material to be removed for use in reconstruction of prime farmland soils shall be sufficient to meet the soil replacement requirements of paragraph (E)(1) of this rule.

(D) Soil stockpiling. If not utilized immediately, the topsoil or other suitable soil materials specified in paragraph (C)(1)(a) of this rule and the B horizon or other suitable soil materials specified in paragraph (C)(1)(b) of this rule shall be stored separately from each other and from spoil. These stockpiles shall be placed within the permit area where they are not disturbed or exposed to excessive water or wind erosion before the stockpiled horizons can be redistributed. Stockpiles in place for more than thirty days shall meet the requirements of paragraph (E) of rule 1501:13-9-03 of the Administrative Code.

(E) Soil replacement. Coal mining and reclamation operations on prime farmland shall be conducted according to the following:

(1) The minimum depth of soil and soil material to be reconstructed for prime farmland shall be forty-eight inches, or a depth equal to the depth to a subsurface horizon in the natural soil that inhibits root penetration, whichever is shallower. The chief shall specify a depth greater than forty-eight inches wherever necessary to restore productive capacity. Soil horizons shall be considered as inhibiting root penetration if their densities, chemical properties, or water supplying capacities restrict or prevent penetration by roots of plants common to the vicinity of the permit area and have little or no beneficial effect on soil productive capacity;

(2) Soil material shall only be replaced on land which has been first returned to final grade and scarified according to paragraph (C) of rule 1501:13-9-03 of the Administrative Code, unless site-specific evidence is provided and approved by the chief showing that scarification or its equivalent will not enhance the capability of the reconstructed soil to achieve equivalent or higher levels of yield;

(3) The soil horizons or other suitable soil materials shall be replaced with proper compaction and uniform depth;

(4) The B horizon or other suitable material specified in paragraph (C)(1)(b) of this rule shall be replaced to the thickness needed to meet the requirements of paragraph (E) of this rule;

(5) The topsoil or other suitable soil materials specified in paragraph (C)(1)(a) of this rule shall be replaced as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original soil, as determined in paragraph (F)(2)(a) of rule 1501:13-4-12 of the Administrative Code, and shall be placed in a manner that protects the surface layer from wind and water erosion before it is seeded or planted; and

(6) Nutrients and soil amendments shall be applied as needed to establish vegetative growth quickly.

(F) Revegetation. Each person who conducts coal mining and reclamation operations on prime farmland shall meet the ground-cover and cropping requirements specified under rule 1501:13-9-15 of the Administrative Code.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-03

(A) To prevent topsoil from being contaminated by spoil or waste materials or otherwise wasted, the permittee or operator shall remove the topsoil as a separate operation from areas to be disturbed. Topsoil shall be immediately redistributed according to the requirements of paragraph (C) of this rule on areas graded to the approved postmining configuration. The topsoil shall be segregated, stockpiled, and protected from wind and water erosion and from contaminants which lessen its capability to support vegetation if sufficient graded areas are not immediately available for redistribution. Areas of surplus soil materials may be identified for use in future reclamation.

(B) Topsoil to be salvaged shall be removed before any drilling for blasting, mining, spoil or other surface disturbance.

(1) All topsoil shall be removed and if the topsoil is less than six inches, a six-inch layer that includes the topsoil and the unconsolidated materials immediately below the "A" horizon shall be removed and segregated for resoiling, unless an alternative material is approved by the chief in accordance with paragraph (B)(3) of this rule.

(2) Where necessary to obtain soil productivity consistent with postmining land use, the chief may require that the subsoil be segregated and replaced prior to the redistribution of the topsoil.

(3) Alternative resoiling materials may be used instead of, or as a supplement to, topsoil where the resulting soil medium is equal to or more suitable for vegetation or if the topsoil is of insufficient quantity or quality for sustaining vegetation and if all the following requirements are met:

(a) The applicant or permittee demonstrates that the alternative resoiling materials, or an overburden topsoil mixture is more suitable for restoring land capability and productivity by the results of chemical and physical analyses. These analyses shall include determinations of pH, per cent organic material, phosphorus, potassium, and texture class, and such other analyses as required by the chief. The chief may require the results of field-site trials or greenhouse tests be used to demonstrate the feasibility of using such alternative resoiling;

(b) The chemical and physical analysis and the results of field-site trials and greenhouse tests are accompanied by a certification from a qualified soil scientist or agronomist; and

(c) If alternative resoiling materials are used, such materials are removed, segregated, and replaced in conformance with this rule.

(4) If there is insufficient topsoil on the permit area, the applicant or permittee shall:

(a) Identify the alternative resoiling materials to be used for resoiling;

(b) Submit the results of the analysis required by paragraph (B)(3)(a) of this rule;

(c) Submit certification by a qualified soil scientist or agronomist that the alternative resoiling materials are suitable for establishing the permanent vegetative species proposed by the applicant in the mining and reclamation plan; and

(d) If alternative resoiling materials are to be used, submit a plan, where appropriate, for the removal, segregation, and replacement of such materials.

(5) Limits on topsoil removal area. Where the removal of vegetation materials, topsoil, or other materials may result in erosion which may cause air or water pollution:

(a) The size of the area from which topsoil is removed at any one time shall be limited;

(b) The surface soil layer shall be redistributed at a time when the physical and chemical properties of topsoil can be protected and erosion can be minimized; and

(c) Such other measures shall be taken as the chief may approve or require to control erosion.

(6) The chief may choose not to require the removal of topsoil for minor disturbances which:

(a) Occur at the site of small structures, such as power poles, signs, or fence lines; or

(b) Will not destroy the existing vegetation and will not cause erosion.

(C) Final grading and replacement of topsoil. Final grading shall follow the completion of backfilling and rough grading within a time that will allow replacement of topsoil or approved resoiling materials to begin and be completed during either the current normal period for favorable planting or at the start of the first appropriate normal period for favorable planting following final grading, whichever occurs first. After final grading and before the topsoil or approved alternative resoiling materials are replaced, regraded land shall be scarified or otherwise treated to eliminate slippage surfaces and to promote root penetration. Resoiling shall begin, continue reasonably uninterrupted, and be completed prior to the end of the normal period for favorable planting unless the permittee receives an extension of the time limit because of climatic conditions in accordance with paragraph (D) of this rule. Topsoil or approved alternative resoiling materials shall be redistributed in a manner that:

(1) Achieves an approximately uniform, stable thickness when consistent with the postmining land use, contours, and surface-water drainage systems. Soil thickness may also be varied to the extent such variations help meet the specific revegetation goals identified in the permit;

(2) Prevents excess compaction of the spoil and topsoil; and

(3) Protects from wind and water erosion before and after seeding and planting.

(D) If resoiling and protection of that resoiling cannot reasonably be done within a prescribed time limit because of climatic conditions existing at that time of the year, the permittee may apply to the chief for an extension of the time limit and the chief shall not issue a notice under paragraph (A) of rule 1501:13-7-06 of the Administrative Code during such time extension.

(E) If the permit allows storage of topsoil or approved alternative resoiling materials, such materials shall be placed on a stable area within the permit area where it will not be disturbed or exposed to excessive water, wind erosion, unnecessary compaction and contamination by undesirable materials. Stockpiled materials shall be protected from wind and water erosion, unnecessary compaction, and contaminants either by: an effective cover of non-noxious, quick-growing annual and perennial plants, seeded or planted during the first normal period after removal for favorable planting conditions; or other methods demonstrated and approved by the chief to provide equal protection. Unless approved by the chief, stockpiled topsoil or approved alternative resoiling materials shall not be moved until required for redistribution on a disturbed area.

(F) Nutrients and soil amendments in the amounts and analysis as determined by soil tests taken in accordance with agronomically acceptable practices shall be applied to the surface soil layer so that it will support the postmining requirements of rule 1501:13-9-17 of the Administrative Code and the revegetation requirements of rule 1501:13-9-15 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-15

(A) Definitions.

(1) "Countable tree" means a tree or shrub that:

(a) Is in place for at least two years;

(b) Is alive and healthy;

(c) Has at least one-third of its length in live crown, with green foliage during its growing season, and is not diseased or insect-infested; and

(d) Has a root crown or root sprouts over one foot in height. Root crowns or root sprouts over one foot in height shall count as one towards meeting the stocking requirements. Where multiple stems occur, only the tallest stem will be counted.

(2) "Ground cover" means the area of ground covered by the aerial parts of perennial and biennial vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.

(3) "Herbaceous species" means grasses and non-woody legumes.

(4) "Woody plants" means woody shrubs, trees, and vines.

(B) General requirements. The permittee shall establish on regraded areas and on all other disturbed areas except water areas and the surface areas of roads that are approved as part of the postmining land use, and other small incidental areas where revegetation would conflict with the postmining land use and no environmental harm would result, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is:

(1) Diverse, effective, and permanent;

(2) Comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the chief;

(3) At least equal in extent of cover to the natural vegetation of the area; and

(4) Capable of stabilizing the soil surface from erosion.

(C) Use of native and introduced species.

(1) The reestablished plant species shall:

(a) Be compatible with the approved postmining land use;

(b) Have the same seasonal characteristics of growth as the original vegetation;

(c) Be capable of self-regeneration and plant succession;

(d) Be compatible with the plant and animal species of the area; and

(e) Meet the requirements of applicable state and federal seed, poisonous and noxious plant, and introduced species laws or regulations.

(2) The chief may grant exceptions to the requirements of paragraphs (C)(1)(b) and (C)(1)(c) of this rule when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.

(3) When the chief approves a cropland postmining land use, the chief may grant exception to the requirements of paragraphs (B)(1), (B)(3), (C)(1)(b) and (C)(1)(c) of this rule. The requirements of rule 1501:13-13-03 of the Administrative Code apply to areas identified as prime farmland.

(D) Time of revegetation. Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after replacement of the topsoil or topsoil substitute. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, any disturbed areas shall be seeded and planted as contemporaneously as practicable after the completion of backfilling, grading, and topsoiling with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.

(E) Mulching and other soil stabilizing practices.

(1) Suitable mulch and/or other stabilizing practices shall be used on all areas that have been regraded and resoiled in order to control erosion, promote germination of seeds, or increase the moisture-retention capacity of the soil. The chief may suspend the requirements for mulch if the permittee can demonstrate that:

(a) Seasonal, soil, or slope factors result in a condition for which mulch and other soil-stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetative cover; and

(b) Alternative procedures will achieve the revegetation success standards of this rule for the approved postmining land use and will not cause or contribute to air or water pollution.

(2) Annual grasses and grains may be used alone as natural mulch, or in conjunction with another mulch, when the chief determines that they will provide adequate soil erosion control and cover and will later be replaced by perennial species approved for the postmining land use.

(3) Chemical soil stabilizers alone, or in combination with appropriate mulches, may be used in conjunction with vegetative covers approved for the postmining land use.

(F) General requirements for measuring success of revegetation.

(1) Success standards will differ depending on the approved postmining use of an area. In all revegetation efforts, the general requirements of this rule shall be met and the success of revegetation shall be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of cover compared to the cover occurring in natural vegetation of the area, and the requirements of paragraphs (B) and (C) of this rule. Statistically valid sampling techniques for measuring success of ground cover, production, or stocking for final performance security release shall be specified in guidelines for evaluating revegetation success compiled by the chief. The statistical sampling techniques shall use a ninety per cent confidence interval (i.e., one-sided test with a 0.10 alpha error).

(2) Except as provided in paragraph (F)(2)(a) of this rule the period of extended responsibility for revegetation success under the performance security requirement shall continue for not less than five full years.

(a) On lands eligible for remining included in permits issued pursuant to the requirements of rule 1501:13-4-12 of the Administrative Code and renewals thereof, the period of extended responsibility for revegetation success under the performance security requirement shall continue for not less than two full years.

(3) Except as provided in paragraph (F)(3)(a) of this rule, the period of extended responsibility shall begin on the date of the last augmented seeding, fertilizing, planting or other work necessary to ensure successful vegetation. The date of this last seeding, fertilizing, planting or other work shall be the same date that is recorded in the planting report required in paragraph (P) of this rule.

(a) For row crops planted on areas to be used for agricultural cropland, including prime farmland, the period of extended responsibility for revegetation shall commence on the date on which the initial planting of the crop has been completed. Promptly thereafter, the chief shall inspect the area to verify that the initial planting has been completed.

(4) The following practices will not be considered augmentative when the practice and the rate of application is an accepted local practice for comparable unmined lands that can be expected to continue as a postmining practice:

(a) Seeding, applying soil amendments, and irrigating to maintain productivity, as recommended by or as specified in technical guidelines published by the Ohio state university cooperative extension service as normal practices on cropland, pasture land or grazing land;

(b) Limited repair of rills and gullies. The chief will classify instances of rill and gully erosion repair as either limited or extensive, based on the extent of repairs needed and the cause of the erosion. The chief will consider extensive repairs to be augmentative;

(c) Reseeding and adding soil amendments when necessary to repair damage to land and/or established permanent vegetation that is unavoidably disturbed in order to meet the reclamation standards of this chapter, provided that:

(i) The damage is not caused by a lack of planning, design, or implementation of the mining and reclamation plan, inappropriate reclamation practices on the part of the permittee, or the lack of established permanent vegetation; and

(ii) The total acreage of repaired areas under paragraphs (F)(4)(b) and (F) (4)(c) of this rule does not exceed ten per cent of the total land affected, with no individual area exceeding three acres;

(d) Replanting of trees as a reinforcement measure on areas for which the approved planting plan requires woody vegetation; and

(e) Reseeding of legumes within three years after the initial planting where the legumes are expected to be present at the end of the period of extended responsibility.

(5) Reseeding of areas that have been unavoidably disturbed in the course of gaining access for removal of structures that are part of the sediment control system or initial seeding of areas upon which the sediment control system was located and subsequently removed will not restart the period of extended responsibility for revegetation success.

(6) For the purposes of paragraphs (F)(4)(c) and (F)(5) of this rule, permanent vegetation that is established or reestablished on these areas must have been seeded a minimum of twelve months prior to the request for phase III performance security release unless the chief determines the extent of the area of repair was limited in size and the permittee remains in compliance with paragraph (G)(3)(b) of this rule.

(G) Revegetation success standards for pasture or grazing land.

(1) Species diversity, seasonal variety and regenerative capacity of the vegetation of the revegetated area shall be evaluated on the basis of the results which could reasonably be expected using the revegetation methods described in the reclamation plan.

(2) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, are established and the area has sufficient ground cover to control erosion. As used in this paragraph, "established" means that individual plants have matured to the point that they are deriving their nourishment from the soil instead of from stored food in the seed. Development of secondary leaves is considered an indication that a plant is established.

(3) Revegetation shall be determined to be successful for a phase III performance security release when:

(a) The period of extended responsibility has expired and the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, equal or exceed the county average yield for hay for any two years of the period of extended responsibility except the first year; and

(b) For the last year of the period of extended responsibility and one additional year, except the first year, the ground cover shall equal or exceed ninety per cent and no single area with less than thirty per cent cover shall exceed the lesser of three thousand square feet or 0.3 per cent of the land affected.

(H) Revegetation success standards for areas to be used for agricultural cropland, other than prime farmland.

(1) Revegetation shall be determined to be successful for a reclamation phase approval or a phase II performance security release for row and hay crops when the species planted in accordance with the approved reclamation plan meet, at a minimum, the ground-cover standards of paragraph (G)(2) of this rule.

(2) Revegetation shall be determined to be successful for a phase III performance security release for row and hay crops when:

(a) The period of extended responsibility has expired and the yield data of crop harvest on the mined area for any two years of the period of extended responsibility, except the first year, equals or exceeds the average county yield for comparable crops and hay crops; and

(b) The vegetation meets, at a minimum, the ground cover standards of paragraph (G)(3)(b) of this rule during the last year of the period of extended responsibility.

(I) Revegetation success standards for prime farmland.

(1) The success in revegetation shall be determined on the basis of an average crop production from the reclaimed prime farmland areas compared to the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.

(2) The measurement of soil productivity shall be initiated within ten years after completion of soil replacement.

(3) The level of management applied during the measurement period shall be the same as the level of management used on nonmined prime farmland in the surrounding area.

(4) The reference crop on which restoration of soil productivity is proven shall be selected from the crops most commonly produced on the surrounding prime farmland. Where row crops are the dominant crops grown on the prime farmland in the area, the row crop requiring the greatest rooting depth shall be chosen as one of the reference crops.

(5) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release for row and hay crops when the yield data from three years of crop harvest on the mined area equals or exceeds the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.

(6) Revegetation shall be determined to be successful for a phase III performance security release for row and hay crops when the period of extended responsibility has expired and the yield data from at least three years of crop harvest on the mined area equals or exceeds the target yields specified in the web soil survey administered by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. The same yield data that was submitted for the phase II approval or the phase II release may be submitted for the phase III release.

(7) The average crop yield for prime farmland may be adjusted, if approved by the chief with the concurrence of the U.S. natural resources conservation service, for:

(a) Disease, pest, and weather-induced seasonal variations; or

(b) Differences in specific management practices when the overall management practices of the crops being compared are equivalent.

(J) Revegetation success standards for areas for which the postmining land use is industrial, residential, or commercial use, other than commercial forest land.

(1) For areas to be developed for the intended postmining land use within two years after regrading is completed:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the species planted in accordance with the approved mining and reclamation plan provide sufficient ground cover to control erosion; and

(b) Revegetation shall be determined to be successful for a phase III performance security release in the last year of the period of extended responsibility for revegetation success when substantial construction has begun, the area not disturbed by construction activity has sufficient ground cover to control erosion and the period of extended responsibility has expired.

(2) For areas to be developed for the intended postmining land use two or more years after regrading is completed, revegetation shall meet the ground cover success standards contained in paragraph (G)(2) of this rule for reclamation phase II approval or phase II performance security release and paragraph (G)(3)(b) of this rule for phase III performance security release, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release.

(K) General requirements for woody vegetation.

(1) For areas for which the approved postmining land use requires woody plants as the primary vegetation, success of revegetation shall be determined on the basis of tree, shrub, or half-shrub stocking and ground cover to ensure that commercial tree species, non-commercial tree species, or shrubs, sufficient for adequate use of available growing space, are established after coal mining.

(2) Quality stock and proven field techniques in the science of woody revegetation on mined areas shall be employed.

(3) The chief shall determine the appropriate stocking level of trees and shrubs, the appropriate species of trees and shrubs, the appropriate herbaceous species and mixtures of herbaceous species, and the appropriate planting arrangement after consultation with and approval by the division of forestry for areas where the approved postmining land use is forest, or consultation with and approval by the division of wildlife for areas where the approved postmining land use is fish and wildlife habitat or undeveloped land.

(4) The number of stems per unit area will be used to determine the degree to which space is occupied by properly distributed acceptable trees. Volunteer stems of acceptable tree species may also be counted.

(L) Revegetation success standards for forest land, fish and wildlife habitat, or other postmining land uses that require establishment of woody vegetation.

(1) For areas where the approved postmining land use is forest or fish and wildlife habitat, revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when:

(a) There are at least six hundred trees or shrubs per acre on each acre on which trees or shrubs are to be planted; and

(b) The herbaceous ground cover provides the greater of thirty per cent cover or sufficient cover to control erosion.

(2) Revegetation shall be determined to be successful for a phase III performance security release in the last year of the period of extended responsibility for revegetation success when the period of extended responsibility has expired, the herbaceous ground cover is at least seventy per cent, and:

(a) For areas where the approved postmining land use is forest, the area has a minimum of four hundred fifty countable trees per acre, of which a minimum of seventy-five per cent are commercial tree species, and of which eighty per cent have been in place for at least three years, on each acre on which trees or shrubs are to be planted; or

(b) For areas where the approved postmining land use is fish and wildlife habitat, the area has a minimum of two hundred fifty countable trees per acre, of which eighty per cent have been in place for at least three years, on each acre on which trees or shrubs are to be planted.

(M) Revegetation success standards for undeveloped land.

(1) For areas for which the approved postmining land use is undeveloped land, success of revegetation shall be determined on the basis of ground cover and the proper planting of appropriate tree and shrub species specified in the approved planting plan. Such plans shall include tree or shrub plantings over ten to fifty per cent of the revegetated area. Planting locations shall include slopes steeper than twenty degrees and areas along drainways and permanent sources of water.

(2) In addition to meeting the general requirements for woody vegetation contained in paragraphs (K)(2) and (K)(3) of this rule, the selected tree and shrub species and herbaceous ground cover species shall have value as wildlife habitat, and the herbaceous ground cover species shall be compatible with the growth of acceptable species of trees and shrubs, as determined by the chief with consultation of the division of wildlife.

(3) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the herbaceous ground cover species are established and provide sufficient ground cover to control erosion.

(4) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired, and:

(a) Acceptable species of trees and shrubs have been properly planted and in accordance with the approved planting plan at a rate of six hundred trees or shrubs per acre on each acre on which trees or shrubs are to be planted;

(b) The herbaceous ground cover on areas not planted with trees or shrubs meets the ground cover standards of paragraph (G)(3)(b) of this rule, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release; and

(c) The herbaceous ground cover on areas on which trees or shrubs are planted is at least seventy per cent in the last year of the period of extended responsibility for revegetation success.

(N) Revegetation success standards for recreation areas.

(1) For areas where the approved postmining land use is developed recreation facilities, including but not limited to portions of parks, camps, and amusement areas where woody vegetation would be incompatible with the approved postmining land use, the area shall meet the ground cover standards of paragraph (G)(2) of this rule for reclamation phase II approval or phase II performance security release and paragraph (G)(3)(b) of this rule for phase III performance security release, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release.

(2) For areas where the approved postmining land use is recreation area with less intensive uses, such as hiking or canoeing, the area shall meet the general requirements for woody vegetation in accordance with paragraph (K) of this rule, and the revegetation success standards of paragraph (L)(1) of this rule for reclamation phase II approval or phase II performance security release and paragraph (L)(2) of this rule in the last year of the period of extended responsibility for revegetation success for phase III performance security release.

(O) Revegetation success standards on lands eligible for remining.

(1) For pasture and grazing land:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the standards of paragraph (G)(2) of this rule are met; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired and the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, have provided, during the last year of the period of extended responsibility, ground cover equal to or exceeding seventy percent cover and adequate to control erosion, with no single area with less than thirty percent cover exceeding the lesser of three thousand square feet or 0.3 per cent of the land affected.

(2) For cropland, other than prime farmland:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the standards of paragraph (G)(2) of this rule are met; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when:

(i) The period of extended responsibility has expired and the yield data of crop harvest on the mined area for any year of the period of extended responsibility, except the first year, equals or exceeds the average county yield for comparable crops and hay crops; and

(ii) The vegetation meets, at a minimum, the ground cover standards of paragraph (O)(1)(b) of this rule during the last year of the period of extended responsibility.

(3) For industrial, residential, or commercial land use, other than commercial forest land:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when vegetation meets the ground cover success standards of paragraph (G)(2) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when vegetation meets the standards of paragraph (O)(1)(b) of this rule.

(4) For forest land, fish and wildlife habitat, or other land use which requires the establishment of woody vegetation:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when vegetation meets the success standards of paragraph (L)(1) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when vegetation meets the standards of paragraph (L)(2) of this rule, except that of the minimum countable trees per acre, eighty per cent have been in place for at least two years, on each acre on which trees or shrubs are to be planted.

(5) For undeveloped land:

(a) Success of revegetation shall be determined as provided in paragraphs (M)(1), (M)(2) and (M)(3) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired and the vegetation meets the requirements of paragraph (M)(4) of this rule except that the herbaceous ground cover on areas not planted with trees or shrubs must meet the standards of paragraph (O)(1)(b) of this rule.

(6) For recreation areas:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release, for areas where herbaceous vegetation comprises the ground cover, when the standard of paragraph (G)(2) of this rule are met;

(b) Revegetation shall be determined to be successful for a phase III performance security release, for the areas listed in paragraph (O)(6)(a) of this rule, when the standards of paragraph (O)(1)(b) of this rule are met;

(c) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release, for areas which require the planting of woody vegetation as described in paragraph (N)(2) of this rule, when the standards of paragraph (L)(1) of this rule are met; and

(d) Revegetation shall be determined to be successful for a phase III performance security release for areas listed in paragraph (O)(6)(c) of this rule, when the standards of paragraph (L)(2) of this rule are met.

(P) Planting report. Upon completion of planting, the permittee shall file planting reports with the chief, on a form prescribed and furnished by the chief, providing the following information:

(1) Permit number;

(2) The type of planting or seeding, including mixtures and amounts;

(3) The date of planting, seeding, or reseeding;

(4) The area of land planted; and

(5) Such other relevant information as the chief may require.

Last updated February 27, 2023 at 9:59 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-13-04 Mountaintop removal mining.

(A) Mountaintop removal mining operations shall be exempt from the requirements of rule 1501:13-9-14 of the Administrative Code for achieving approximate original contour, if the following requirements are met:

(1) The chief grants a variance under paragraph (C) of rule 1501:13-4-12 of the Administrative Code;

(2) An industrial, commercial, agricultural, residential, or public facility (including recreation facilities) use is proposed for the affected land;

(3) The alternative land use criteria in rule 1501:13-9-17 of the Administrative Code are met and the proposal is approved by the chief; and

(4) All other applicable requirements of these rules and the requirements of division (B) of section 1513.16 of the Revised Code will be met.

(B) Coal mining and reclamation operations conducted under this rule shall comply with the following standards:

(1) An outcrop barrier of sufficient width, consisting of the toe of the lowest coal seam and its associated overburden, shall be retained to prevent slides and erosion. The chief may permit an exemption to the requirement that the coal barrier be retained if the following conditions are satisfied:

(a) The proposed mine site was mined prior to May 3, 1978, and the toe of the lowest seam has been removed; or

(b) A coal barrier adjacent to a head-of-hollow fill may be removed after the elevation of head-of-hollow fill attains the elevation of the coal barrier if the head-of-hollow fill provides the stability otherwise ensured by the retention of a coal barrier;

(2) The final graded top plateau slopes on the mined area shall be less than 1v:5h so as to create a level plateau or gently rolling configuration and the outslopes of the plateau shall not exceed 1v:2h, except where engineering data substantiates and the chief finds that a minimum static safety factor of 1.5 will be attained;

(3) The resulting level or gently rolling contour shall be graded to drain inward from the outslope except at specific points where it drains over the outslope in protected stable channels. The chief may waive this requirement if environmental problems would be caused by such inward drainage;

(4) Natural watercourses below the area to be mined shall not be damaged;

(5) Spoil shall be placed on the mountaintop bench as is necessary to achieve the postmining land use approved under rule 1501:13-9-17 of the Administrative Code. All excess spoil material not retained on the mountaintop shall be placed in accordance with the standards of rule 1501:13-9-07 of the Administrative Code; and

(6) All waste and acid-forming or toxic-forming materials, including the strata immediately below the coal seam, shall be covered with non-toxic spoil to prevent pollution and achieve the approved postmining land use.

(C) All permits giving approval for mountaintop removal mining shall be reviewed not more than three years from the date of issuance of the permit, unless the operator affirmatively demonstrates and the chief finds that all operations are proceeding in accordance with the terms of the permit and applicable requirements of Chapter 1513. of the Revised Code.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-9-17

(A) All affected areas shall be reclaimed in a timely manner:

(1) To conditions that are capable of supporting the uses which they were capable of supporting before any mining; or

(2) To higher or better uses achievable under criteria and procedures of paragraph (D) of this rule.

(B) The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land has not been previously mined and has been properly managed.

(1) The postmining land use for land that was mined pursuant to a license issued prior to April 10, 1972, shall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.

(2) The land may be returned to the undeveloped postmining land use category only if the land was categorized as undeveloped land prior to mining.

(C) "Land use" means specific uses or management-related activities, rather than the vegetation or cover of the land. Land use is categorized in the following categories. Changes of land use or uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the chief pursuant to paragraph (D) of this rule.

(1) The cropland category includes land in the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included for purposes of these land use categories.

(2) The pastureland category includes land occasionally cut for hay and land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.

(3) The grazingland category includes both grassland and forest land where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production. Land used for facilities in support of ranching operations which are adjacent to or an integral part of these operations is also included.

(4) The industrial category includes land used for extraction or transformation of materials for fabrication of products, wholesaling of products or for long-term storage of products. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining, and fabricated metal products manufacture. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include, but are not limited to, all rail, road, and other transportation facilities.

(5) The commercial category includes land used for retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage, or shipping facilities.

(6) The developed water resources category includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control, and water supply.

(7) The recreation category includes land used for public or private leisure-time use, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing and other undeveloped recreational uses.

(8) The residential category includes land used for single and multiple-family housing, mobile home parks, and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use.

(9) The forest category includes land used for the commercial or noncommercial production of wood, wood fiber, or wood derived products and land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations.

(10) The fish and wildlife habitat category includes land used wholly or partially for the production, protection or management of species of fish or wildlife.

(11) The undeveloped land use category includes land that is not currently being used or managed or, if previously used or managed, is land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.

(D) An alternative postmining land use may be approved by the chief of the division of reclamation, after consultation with the landowner or the land management agency having jurisdiction over state or federal lands, if the following criteria are met.

(1) The proposed land use is compatible with adjacent land use and, where applicable, with existing local, state, or federal land use policies and plans.

(2) The use will not be impractical or unreasonable.

(3) The plans show the feasibility of the postmining land use and include a schedule showing how the proposed use will be developed and achieved within a reasonable time.

(4) The plans include letters of commitment from other parties to provide for necessary public facilities that are required for the proposed use.

(5) The proposed use or uses will neither present actual or probable hazard to public health or safety, nor will they pose any actual or probable threat of water flow diminution or pollution.

(6) The use or uses will not involve unreasonable delays in reclamation.

(7) The use will not cause or contribute to violation of federal, state, or local law.

(8) The proposed postmining land use identifies measures to prevent or mitigate adverse effects on fish and wildlife, and threatened or endangered plants or animals or their critical habitats, and an opportunity to comment has been provided in accordance with paragraph (A)(3) of rule 1501:13-5-01 of the Administrative Code to appropriate state and federal fish and wildlife management agencies.

Last updated February 27, 2023 at 9:59 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-07

(A) The objective of this rule is to ensure mass stability and protection from erosion and minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters, using current, recognized engineering standards and practices as evaluated and approved by the chief.

(B) Design certification. The fill and appurtenant structures shall be designed using current, prudent engineering practices and shall meet the design criteria established in this rule. An engineer experienced in the design of earth and rock fills shall certify the design of the fill and appurtenant structures.

(C) Location. If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the chief, the spoil could be placed in compliance with the requirements of Chapter 1513. of the Revised Code and these rules, and shall be placed, where possible, upon, or above, a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement.

(D) Foundation.

(1) The foundation and abutments of the fill must be stable under all conditions of construction.

(2) Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, as deemed needed by the certifying engineer, shall be performed in order to determine the design requirements for foundation stability. The analyses of foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the fill and appurtenant structures. The chief may require additional foundation investigations and laboratory testing.

(3) Where the slope along the profile in the disposal area is in excess of 2.8h:1v, keyway cuts or rock toe buttresses shall be constructed to ensure stability of the fill. Where the toe of the spoil rests on a downslope in excess of 2.8h:1v, stability analyses shall be performed in accordance with paragraph (N)(3) of rule 1501:13-4-05 or paragraph (P)(3) of rule 1501:13-4-14 of the Administrative Code to determine the size of rock toe buttresses and keyway cuts.

(E) Placement of excess spoil.

(1) All vegetative and organic materials shall be removed from the disposal area prior to placement of the excess spoil. Topsoil shall be removed, segregated, and stored or redistributed in accordance with rule 1501:13-9-03 of the Administrative Code. If approved by the chief, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil.

(2) All backfilling and grading requirements shall be met by placements of spoil. Face slopes shall not exceed 2h:1v. The grade of the outslope between terrace benches shall not be steeper than 2h:1v.

(3)

(a) Excess spoil shall be:

(i) Transported and placed in a controlled manner in horizontal lifts not exceeding four feet in thickness;

(ii) Concurrently compacted as necessary to ensure mass stability and to prevent mass movement during and after construction;

(iii) Graded so that surface and subsurface drainage is compatible with natural surroundings; and

(iv) Covered with topsoil or substitute material in accordance with rule 1501:13-9-03 of the Administrative Code.

(b) The chief may approve a design which incorporates placement of excess spoil in horizontal lifts other than four feet in thickness when it is demonstrated by the operator and certified by an engineer that the design will ensure the stability of the fill and will meet all other applicable requirements.

(4) The fill shall be designed to attain a minimum long-term static safety factor of 1.5.

(5) The final configuration of the fill shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the fill if required for stability, control of erosion, to conserve soil moisture, or to facilitate the approved postmining land use.

(6) No permanent impoundments shall be allowed on the completed fill. Small depressions may be allowed by the chief if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and are not incompatible with stability of the fill.

(7) Excess spoil that is acid- or toxic-forming or combustible shall be disposed of in accordance with paragraph (J) of rule 1501:13-9-04 of the Administrative Code.

(F) Drainage control.

(1) If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability.

(2) Diversions shall comply with the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code.

(3) Underdrains shall consist of durable rock or pipe and be designed and constructed using current, prudent engineering practices. The underdrain system shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and shall be protected from piping and contamination by an adequate filter. Rock underdrains shall be constructed of durable, nonacid- and nontoxic-forming rock such as natural sand and gravel, sandstone or limestone, that does not slake in water or degrade to soil material, and that is free of coal, clay, or other nondurable material. Perforated pipe underdrains shall be corrosion-resistant and shall have characteristics consistent with the long-term life of the fill.

(G) Surface area stabilization. Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.

(H) Excess spoil may be used outside the permit area to reclaim unreclaimed mined lands adjacent to the permit area under a reclamation contract executed pursuant to section 1513.27 or 1513.37 of the Revised Code, provided that:

(1) If the unreclaimed lands are abandoned mined lands, they are eligible for reclamation under section 1513.27 or 1513.37 of the Revised Code;

(2) The excess spoil is placed in an environmentally and technically sound manner and will constitute sound engineering practices; and

(3) The excess spoil is placed where it will not destroy or degrade features of environmental value.

(I) Inspections. An engineer, or other qualified professional specialist under the direction of the engineer, shall periodically inspect the fill during construction. The engineer or specialist shall be experienced in the construction of earth and rock fills.

(1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum:

(a) Foundation preparation, including the removal of organic material and topsoil;

(b) Placement of underdrains and protective filter systems;

(c) Installation of final surface drainage systems; and

(d) The final graded and revegetated fill.

(2) Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of fill materials.

(3) The engineer shall provide a certified report to the chief promptly after each inspection certifying that the fill has been constructed and maintained as designed and in accordance with the approved plan, Chapter 1513. of the Revised Code and these rules. Each report shall include appearances of instability, structural weakness, and other hazardous conditions. The report after inspection of the final graded and revegetated fill shall certify, in addition, that the fill is expected to remain stable with the required safety factor.

(4) Photographs.

(a) The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is constructed in phases, each phase shall be certified separately.

(b) When excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, in accordance with paragraph (N) of this rule, color photographs shall be taken of the underdrain as the underdrain system is being formed.

(c) The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to identify the site specifically and clearly.

(5) A copy of each inspection report shall be retained at or near the mine site.

(J) Coal mine waste. Coal mine waste may be disposed of in excess spoil fills if approved by the chief and if such waste is:

(1) Placed in accordance with rule 1501:13-9-09 of the Administrative Code;

(2) Nontoxic- and nonacid-forming; and

(3) Of the proper characteristics to be consistent with the design stability of the fill.

(K) Underground disposal. Excess spoil may be disposed of in underground mine workings, but only in accordance with a plan approved by the chief and MSHA under paragraphs (N) and (O) of rule 1501:13-4-14 of the Administrative Code.

(L) Valley fills and head-of-hollow fills. Valley fills and head-of-hollow fills shall meet the requirements of paragraphs (A) to (J) of this rule and the additional requirements of paragraph (L) of this rule.

(1) Drainage control.

(a) The top surface of the completed fill shall be graded so that the final slope after settlement will be toward properly designed drainage channels. Uncontrolled surface drainage may not be directed over the outslope of the fill.

(b) Runoff from areas above the fill and runoff from the surface of the fill shall be diverted into stabilized diversion channels designed to meet the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code and, in addition, to pass safely the runoff from a one-hundred-year, six-hour precipitation event.

(2) Rock-core chimney drains. A rock-core chimney drain may be used in a head-of-hollow fill, instead of the underdrain and surface diversion system normally required, as long as the fill is not located in an area containing intermittent or perennial streams. A rock-core chimney drain may be used in a valley fill if the fill does not exceed two hundred fifty thousand cubic yards of material and upstream drainage is diverted around the fill. The alternative rock-core chimney drain system shall be incorporated into the design and construction of the fill as follows:

(a) The fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of durable rock at least sixteen feet thick, which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. The underdrain system and rock core shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of paragraph (F)(3) of this rule.

(b) A filter system to ensure the proper long-term functioning of the rock core shall be designed and constructed using current, prudent engineering practices.

(c) Grading may drain surface water away from the outslope of the fill and toward the rock core. In no case, however, may intermittent or perennial streams be diverted into the rock core. The maximum slope of the top of the fill shall be 33h:1v. A drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential capacity for impounding more than ten thousand cubic feet of water. Terraces on the fill shall be graded with a one per cent slope toward the rock core.

(M) Durable rock fills. The chief may approve an alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met:

(1) Except as provided in paragraph (M) of this rule, the requirements of paragraphs (A) to (J) of this rule are met;

(2) The excess spoil consists of at least eighty per cent, by volume, durable, nonacid- and nontoxic-forming rock such as natural sand and gravel, sandstone or limestone, that does not slake in water or degrade to soil material, and that is free of coal, clay, or other nondurable material. Where used, noncemented clay shale, clay spoil, soil or other nondurable excess spoil materials shall be mixed with excess durable rock spoil in a controlled manner so that no more than twenty per cent of the fill volume, as determined by tests performed by an engineer and approved by the chief, is not durable rock;

(3) An engineer certifies that the design will ensure the stability of the fill and meet all other applicable requirements;

(4) The fill is designed to attain a minimum long-term static safety factor of 1.5 and an earthquake safety factor of 1.1;

(5) The underdrain system may be constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, provided the resulting underdrain system is capable of carrying anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and the other requirements for drainage control are met; and

(6) Surface water runoff from areas adjacent to and above the fill is not allowed to flow onto the fill and is diverted into stabilized diversion channels designed to meet the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code and to safely pass the runoff from a one-hundred-year, six-hour precipitation event.

(N) Preexisting benches. The chief may approve the disposal of excess spoil through placement on preexisting benches, provided that the following conditions are met:

(1) Except as provided in paragraph (N) of this rule, the requirements of paragraphs (A), (B), and (E) to (J) of this rule are met;

(2) Excess spoil shall be placed only on the solid portion of the preexisting bench;

(3) The fill shall be designed, using current, prudent engineering practices, to attain a long-term static safety factor of 1.3 for all portions of the fill;

(4) The preexisting bench shall be backfilled and graded to:

(a) Achieve the most moderate slope possible which does not exceed the angle of repose; and

(b) Eliminate the highwall to the maximum extent technically practical; and

(5) Disposal of excess spoil from an upper actively mined bench to a lower preexisting bench by means of gravity transport may be approved by the chief provided that:

(a) The gravity transport courses are determined on a site-specific basis by the operator as part of the permit application and approved by the chief to minimize hazards to health and safety and to ensure that damage will be minimized between benches, outside the set course, and downslope of the lower bench should excess spoil accidentally move;

(b) All gravity-transported excess spoil, including that excess spoil immediately below the gravity transport courses and any preexisting spoil that is disturbed, is rehandled and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and to prevent mass movement, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and to ensure a minimum long-term static safety factor of 1.3. Excess spoil on the bench prior to the current mining operation that is not disturbed need not be rehandled except where necessary to ensure stability of the fill;

(c) A safety berm is constructed on the solid portion of the lower bench prior to gravity transport of the excess spoil. Where there is insufficient material on the lower bench to construct a safety berm, only that amount of excess spoil necessary for the construction of the berm may be gravity-transported to the lower bench prior to construction of the berm; and

(d) Excess spoil shall not be allowed on the downslope below the upper bench except on designated gravity transport courses which have been properly prepared according to rules 1501:13-9-03 and 1501:13-9-14 of the Administrative Code. Upon completion of the fill, no excess spoil shall be allowed to remain on the designated gravity transport course between the two benches and each transport course shall be reclaimed in accordance with the requirements of these rules.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-13-05 Steep slope mining.

(A) The operator conducting coal mining and reclamation operations on natural slopes that exceed twenty degrees, or on lesser slopes that require measures to protect the area from disturbance, as determined by the chief after consideration of soils, climate, the method of operation, geology, and other regional characteristics, shall meet the performance standards of this rule. The standards of this rule do not apply where mining is done on a flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominantly flat area, or where the mining is governed by rule 1501:13-13-04 of the Administrative Code:

(1) Spoil, waste materials or debris, including that from clearing and grubbing and abandoned or disabled equipment, shall not be placed or allowed to remain on the downslope;

(2) The highwall shall be completely covered with compacted spoil and the disturbed area graded to comply with the provisions of rule 1501:13-9-14 of the Administrative Code. Land above the highwall shall not be disturbed unless the chief finds that this disturbance will facilitate compliance with the environmental protection standards of these rules and the disturbance is limited to that necessary to facilitate compliance. The person who conducts the coal mining and reclamation operation must demonstrate to the chief, using standard geotechnical analysis, that the minimum static factor of safety for the stability of all portions of the reclaimed land is at least 1.3;

(3) Material in excess of that required to meet the provisions of rule 1501:13-9-14 of the Administrative Code shall be disposed of in accordance with the requirements of paragraph (B) of this rule;

(4) Woody materials may be buried in the backfilled area only when burial does not cause, or add to, instability of the backfill when approved by the chief; and

(5) Unlined or unprotected drainage channels shall not be constructed on backfills unless approved by the chief as stable and not subject to erosion.

(B) An operator conducting steep slope mining shall place all excess spoil material resulting from coal mining and reclamation operations in such a manner that it complies with rule 1501:13-9-07 of the Administrative Code.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: October 1, 1988
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-13-06 Coal preparation plants and support facilities not located at or near the mine site or not within the permit area for a mine.

(A) Applicability. Each person who operates a coal preparation plant or support facility in connection with a coal mine but not located within the permit area for a specific mine shall obtain a permit in accordance with paragraph (I) of rule 1501:13-4-12 of the Administrative Code, obtain performance security in accordance with section 1513.08 of the Revised Code and these rules, and operate the plant or support facility in accordance with these rules.

(B) Performance standards. Construction, operation, maintenance, modification, reclamation, and removal activities at operations covered by this rule shall comply with the following:

(1) Signs and markers for the coal preparation plant, coal mine waste disposal area, and water treatment facilities shall comply with rule 1501:13-9-01 of the Administrative Code;

(2) Roads, transport, and associated structures shall be constructed, maintained, and reclaimed in accordance with rules 1501:13-10-01, 1501:13-11-01 and 1501:13-11-02 of the Administrative Code;

(3) Any stream or channel diversion shall comply with paragraph (F) of rule 1501:13-9-04 of the Administrative Code;

(4) Any disturbed area related to the coal preparation plant or support facilities shall have sediment control structures, in compliance with paragraphs (D) and (G) of rule 1501:13-9-04 of the Administrative Code and all discharges from these areas shall meet the requirements of paragraphs (A) and (B) of rule 1501:13-9-04 of the Administrative Code and any other applicable state or federal law;

(5) Permanent impoundments associated with coal preparation plants shall meet the requirements of paragraphs (H) and (R) of rule 1501:13-9-04 of the Administrative Code. Dams constructed of or impounding coal mine waste shall comply with rule 1501:13-9-09 of the Administrative Code;

(6) Use of water wells shall comply with paragraph (O) of rule 1501:13-9-04 of the Administrative Code and water rights shall be protected in accordance with paragraph (P) of rule 1501:13-9-04 of the Administrative Code;

(7) Disposal of coal mine waste, solid waste, and any excavated materials shall comply with the requirements of rules 1501:13-9-09 and 1501:13-9-07 of the Administrative Code;

(8) Discharge structures for diversions and sediment control structures shall comply with paragraph (I) of rule 1501:13-9-04 of the Administrative Code;

(9) Fish, wildlife and related environmental values shall be protected in accordance with rule 1501:13-9-11 of the Administrative Code;

(10) Slide areas and other surface areas shall comply with rule 1501:13-9-12 of the Administrative Code;

(11) Adverse effects upon or resulting from nearby underground coal mining operations shall be minimized by appropriate measures including, but not limited to, compliance with paragraph (Q) of rule 1501:13-9-04 of the Administrative Code and rule 1501:13-9-08 of the Administrative Code;

(12) Conveyors, buildings, storage bins or stockpiles, water treatment facilities, water storage facilities, and any structure or system related to the coal preparation plant shall comply with rules 1501:13-9-01 to 1501:13-9-17, 1501:13-10-01, 1501:13-11-01 and 1501:13-11-02 of the Administrative Code;

(13) Any coal preparation plant or support structures located on prime farmland shall meet the requirements of rule 1501:13-13-03 of the Administrative Code;

(14) All exposed surface areas shall be protected and stabilized to control erosion and air pollution attendant to erosion effectively; and

(15) Reclamation shall follow proper topsoil handling, backfilling and grading, revegetation, and postmining land use procedures in accordance with these rules.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: April 30, 2009
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-01

(A) All signs and markers required to be posted shall be of uniform design throughout the operation, easily visible, and shall be made of durable material. The signs and markers shall be maintained during all operations to which they pertain and shall conform to local ordinances and codes.

(B) Signs identifying the mine area shall be displayed at all points of access to the permit area from public roads. Signs shall clearly show the name, business address, and telephone number of the permittee and the permit number issued by the division of mineral resources management. Such signs shall not be removed until after release of all performance security.

(C) An applicant shall define the perimeter of the proposed permit area by means of clearly visible markers prior to filing an application for a permit. Such markers shall substantially comply with the following:

(1) Markers shall include fence posts, trees, engineering lath or stakes;

(2) The proposed permit boundary shall be marked either with six inches of orange paint or with an orange plastic flag, approximately three feet above the ground;

(3) Each marker shall be firmly placed with at least three feet extending above ground;

(4) Markers shall be located so that they clearly define the limits of the proposed permit area and so that when a person is standing at any marker on the proposed permit boundary, the adjacent markers in either direction are visible;

(5) All perimeter markers shall be maintained with reasonable diligence in place until final grading is approved; and

(6) This rule does not apply to that portion of any perimeter which overlaps or is contiguous to an area currently permitted to the same operator.

(D) Where topsoil or other vegetation-supporting material is segregated and stockpiled according to rule 1501:13-9-03 of the Administrative Code, the stockpiled material shall be marked. Markers shall remain in place until the material is removed.

(E) Buffer zones, as described in paragraph (E) of rule 1501:13-9-04 of the Administrative Code, shall be clearly marked along their boundaries as required by paragraphs (C)(1), (C)(3) and (C)(5) of this rule. Buffer zones shall be marked either with six inches of orange paint with black stripes or with an orange and black striped plastic flag, approximately three feet above the ground. Markers shall be located so that they clearly define the limits of the buffer zone and so that when a person is standing at any marker on the buffer zone boundary, the adjacent buffer zone markers in either direction are visible.

Last updated February 27, 2023 at 9:57 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-10-01

(A) Road classification system.

(1) Each road shall be classified as either a primary road or a secondary road.

(2) A "primary road" is any road which is:

(a) Used for transporting coal or spoil;

(b) Frequently used for access or other purposes for a period in excess of six months; or

(c) To be retained for an approved postmining land use.

(3) A "secondary road" is any road not classified as a primary road.

(B) Performance standards. Primary and secondary roads shall be located, designed, constructed, reconstructed, used, maintained and reclaimed so as to:

(1) Control or prevent erosion, siltation and the air pollution attendant to erosion, including road dust as well as dust occurring on other exposed surfaces, by measures such as vegetating or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices;

(2) Control or prevent damage to fish, wildlife, or their habitat and related environmental values;

(3) Control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;

(4) Neither cause nor contribute to, directly or indirectly, the violation of state or federal water quality standards applicable to receiving waters;

(5) Minimize the diminution to or degradation of the quality or quantity of surface- and ground-water systems;

(6) Refrain from significantly altering the normal flow of water in streambeds or drainage channels;

(7) Prevent or control damage to public or private property; and

(8) Use nonacid- or nontoxic-forming substances in road surfacing.

(C) Design and construction limits and establishment of design criteria. To ensure environmental protection and safety appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, culvert size, and any necessary design criteria established by the chief.

(D) Location.

(1) No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the chief in accordance with paragraphs (A), (B), (E), (F), (J), (K) and (M) of rule 1501:13-9-04 of the Administrative Code.

(2) Roads shall be located to minimize downstream sedimentation and flooding.

(E) Maintenance.

(1) A road shall be maintained throughout the life of the permit to meet the performance standards of this rule and any additional criteria specified by the chief.

(2) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as practical after the damage has occurred.

(F) Reclamation. A road not to be retained for use under an approved postmining land use shall be reclaimed immediately after it is no longer needed for mining and reclamation operations, including:

(1) Closing the road to traffic;

(2) Removing all bridges and culverts;

(3) Restoring the natural drainage patterns;

(4) Reshaping all cut and fill slopes to be compatible with the postmining land use and to complement the drainage pattern of the surrounding terrain;

(5) Scarifying or ripping the road bed, replacing topsoil and revegetating disturbed surfaces in accordance with rules 1501:13-9-03 and 1501:13-9-15 of the Administrative Code; and

(6) Removing or otherwise disposing of road-surfacing materials that interfere with the postmining land use.

(G) Primary roads. In addition to paragraphs (A) to (F) of this rule, primary roads shall meet the requirements of paragraph (G) of this rule.

(1) Certification.

(a) The plans and drawings of primary roads shall be prepared by, or under the direction of, an engineer, and shall be certified by an engineer, or jointly by an engineer and a surveyor to the extent such joint certification is permitted by state law, as meeting: the requirements of Chapters 1501:13-1 to 1501:13-14 of the Administrative Code; current, prudent engineering practices; and any design criteria established by the chief.

(b) The construction or reconstruction of primary roads shall be certified in a report to the chief by an engineer or a surveyor, or jointly by an engineer and a surveyor to the extent required by state law, as having been completed as designed and in accordance with the approved plan.

(2)

(a) Location. To minimize erosion, a primary road is to be located, insofar as practical, on the most stable available surfaces.

(b) Stream fords by primary roads are prohibited unless they are specifically approved by the chief as temporary routes during periods of construction.

(3) Stability. Each primary road embankment shall have a minimum static safety factor of 1.3 or be designed in accordance with paragraph (M)(2) of rule 1501:13-4-05 or paragraph (L)(2) of rule 1501:13-4-14 of the Administrative Code.

(4) Drainage control.

(a) Each primary road shall be designed, constructed or reconstructed, and maintained to have adequate drainage control, using structures such as, but not limited to, bridges, ditches, cross drains, and ditch relief drains. The drainage control system shall be designed to pass the peak runoff safely from a ten-year, six-hour precipitation event or greater event, as specified by the chief.

(b) Drainage pipes and culverts shall be constructed to avoid plugging or collapse and erosion at inlets and outlets.

(c) Drainage ditches shall be designed to prevent uncontrolled drainage over the road surface and embankment. Trash racks and debris basins shall be installed in the drainage ditches where debris from the drainage area may impair the functions of drainage and sediment control structures.

(d) Culverts shall be designed, installed, and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road.

(e) Natural stream channels shall not be altered or relocated without the prior approval of the chief in accordance with rule 1501:13-9-04 of the Administrative Code.

(f) Except as provided in paragraph (G)(2)(b) of this rule, drainage structures for stream channel crossings shall be made using bridges, culverts or other structures designed, constructed, and maintained using current, prudent engineering practices.

(5) Surfacing. Primary roads shall be surfaced with rock, crushed gravel, asphalt, or other material approved by the chief as being sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road.

(6) Maintenance. Routine maintenance of primary roads shall include repairs to the road surface, blading, filling potholes and adding replacement gravel or asphalt. It shall also include revegtation, brush removal, and minor reconstruction of road segments as necessary.

Last updated February 27, 2023 at 10:00 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-11-01

Railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tramways, or other transportation facilities shall be designed, constructed or reconstructed, and maintained and the area restored to:

(A) Prevent, to the extent possible using the best technology currently available:

(1) Damage to fish, wildlife, and related environmental values; and

(2) Additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of state or federal law.

(B) Control and minimize diminution or degradation of water quality and quantity;

(C) Control and minimize erosion and siltation; and

(D) Prevent damage to public or private property.

Last updated February 27, 2023 at 10:00 AM

History

• Effective: October 27, 1982
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-11-02

(A) Each applicant for a coal mining and reclamation permit shall submit a description, plans and drawings for each support facility to be constructed, used or maintained within the proposed permit area, in addition to mapping of certain support facilities as required in paragraphs (A)(30) to (A)(36) of rule 1501:13-4-08 of the Administrative Code and paragraph (A)(23) of rule 1501:13-4-08.1 of the Administrative Code, submittal of narrative explanations and descriptions as required in paragraphs (A)(2)(b) and (B)(1) of rules 1501:13-4-05 and 1501:13-4-14 of the Administrative Code, and submittal of descriptions, including maps and cross-sections, as required in paragraph (M) of rule 1501:13-4-05 of the Administrative Code and paragraph (L) of rule 1501:13-4-14 of the Administrative Code. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with paragraph (B) of this rule.

(B) Support facilities required for, or used incidentally to, the operation of the mine, including, but not limited to, mine buildings, coal loading facilities at or near the minesite, coal storage facilities, equipment storage facilities, fan buildings, hoist buildings, preparation plants, sheds, shops, and other buildings, shall be designed, constructed or reconstructed and located to prevent or control erosion and siltation, water pollution, and damage to public or private property. Support facilities shall be designed, constructed or reconstructed, maintained and used in a manner which prevents, to the extent possible using the best technology currently available:

(1) Damage to fish, wildlife, and related environmental values;

(2) Additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of state or federal law.

(C) All coal mining operations shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells, oil, gas, and coal-slurry pipelines, railroads, electric lines, telephone and other telecommunication lines, and water and sewage lines which pass over, under, or through the permit area, unless otherwise approved by the owner of those facilities and the chief.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-09

(A) Coal mine waste. General requirements.

(1) General. All coal mine waste shall be placed in new or existing disposal areas within a permit area, which are approved by the chief for this purpose. Coal mine waste shall be placed in a controlled manner to:

(a) Minimize adverse effects of leachate and surface-water runoff on surface and ground water quality and quantity;

(b) Ensure mass stability and prevent mass movement during and after construction;

(c) Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use;

(d) Not create a public hazard; and

(e) Prevent combustion.

(2) Coal mine waste material from operations located outside a permit area may be disposed of in the permit area only if approved by the chief. Approval shall be based upon a showing that such disposal will be in accordance with the standards of this rule.

(3) Design certification.

(a) The disposal facility shall be designed using current, prudent engineering practices and shall meet any design criteria established by the chief. An engineer experienced in the design of similar earth and waste structures shall certify the design of the disposal facility.

(b) The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5, except that a long-term static safety factor of 1.3 shall be achieved when coal mine wastes are disposed of in the mined-out area under paragraph (J)(3) of rule 1501:13-9-14 of the Administrative Code. The foundation and abutments must be stable under all conditions of construction.

(4) Foundation. Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of the foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the disposal facility.

(5) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the chief shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the chief shall be notified immediately. The chief shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(6) Disposal in excess spoil fills. Coal mine waste may be disposed of in excess spoil fills in accordance with paragraph (J) of rule 1501:13-9-07 of the Administrative Code.

(7) Underground disposal. Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the chief and MSHA under paragraph (N) of rule 1501:13-4-14 of the Administrative Code.

(B) Refuse piles. Refuse piles shall meet the requirements of paragraph (A) of this rule, the additional requirements of paragraph (B) of this rule, and the requirements of 30 C.F.R. 77.214 and 77.215.

(1) Drainage control.

(a) If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability.

(b) Uncontrolled surface drainage may not be diverted over the outslope of the refuse piles. Runoff from the areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of paragraph (F) of rule 1501:13-9-04 of the Administrative Code to pass safely the runoff from a one-hundred-year, six-hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile.

(c) Underdrains shall comply with the requirements of paragraph (F) of rule 1501:13-9-07 of the Administrative Code.

(2) Surface area stabilization. Slope protection shall be provided to minimize surface erosion. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.

(3) Placement.

(a) All vegetative and organic materials shall be removed from the disposal area prior to placement of coal mine waste. Topsoil shall be removed, segregated and stored or redistributed in accordance with rule 1501:13-9-03 of the Administrative Code. If approved by the chief, organic materials may be used as mulch, or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.

(b) The final configuration of the refuse pile shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the refuse pile if required for stability, control of erosion, conservation of soil moisture, or facilitation of the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v.

(c) No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be allowed by the chief if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile.

(d) Following final grading of the refuse pile, the coal mine waste shall be covered with a minimum of four feet of the best available nontoxic and noncombustible material, in a manner that does not impede drainage from the underdrains. The chief may allow less than four feet of cover material based on physical and chemical analyses which show that the requirements of rule 1501:13-9-15 of the Administrative Code will be met.

(4) Inspections. An engineer, or other qualified professional specialist under the direction of the engineer, shall inspect the refuse pile during construction. The engineer or specialist shall be experienced in the construction of similar earth and waste structures.

(a) Inspections by the engineer or specialist shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum:

(i) Foundation preparation including the removal of all organic material and topsoil;

(ii) Placement of underdrains and protective filter systems;

(iii) Installation of final surface drainage systems; and

(iv) The final graded and revegetated disposal area.

(b) Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or to the environment. Inspection shall continue until the refuse pile has been finally graded and revegetated or until a later time as required by the chief.

(c) The engineer shall provide a certified report to the chief promptly after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and these rules. The report shall include appearances of instability, structural weakness, and other hazardous conditions. A copy of each inspection report shall be retained at or near the minesite.

(d) The certified report required under paragraph (B)(4)(c) of this rule shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is constructed in phases, each phase shall be certified separately. The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to identify the site specifically and clearly.

(C) Impounding structures. New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of paragraph (A) of this rule and the additional requirements of paragraph (C) of this rule.

(1) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the chief that the stability of such a structure comforms to the requirements of this rule and the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the chief in accordance with paragraph (H) of rule 1501:13-4-05 or paragraph (H) of rule 1501:13-4-14 of the Administrative Code.

(2)

(a) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with the requirements for temporary impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. Such structures may not permanently retain the ability to impound as part of the approved postmining land use.

(b) If an impounding structure constructed of coal mine waste or intended to impound coal mine waste meets the criteria of 30 C.F.R. 77.216(a), the combination of principal and emergency spillways shall be able to pass safely the probable maximum precipitation of a six-hour precipitation event, or greater event as specified by the chief.

(3) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.

(4) Drainage control. Runoff from areas above the disposal facility or runoff from surface of the facility that may cause instability or erosion on the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of paragraph (F) of rule 1501:13-9-04 of the Administrative Code and designed to pass safely the runoff from a one-hundred-year, six-hour design precipitation event.

(5) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least ninety per cent of the water stored during the design precipitation event can be removed within a ten-day period. Within ten days following the occurrence of the design precipitation event, ninety per cent of the water shall be removed.

(D) Burning and burned waste utilization.

(1) Coal mine waste fires shall be extinguished by the person who conducts the coal mining operations, in accordance with a plan approved by the chief and MSHA. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the permittee, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.

(2) No burning or burned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the chief. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.

(E) Disposal of noncoal mine wastes.

(1) Noncoal mine wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustible materials generated during coal mining operations shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, that fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.

(2) Final disposal of noncoal mine wastes, as described in paragraph (E)(1) of this rule, shall be in a designated disposal site in the permit area or a state-approved solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and wind-borne waste. When the disposal is completed, a minimum of two feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with rule 1501:13-9-15 of the Administrative Code. Operation of the disposal site shall be conducted in accordance with all local, state, and federal requirements.

(3) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall an excavation for a noncoal mine waste disposal site be located within eight feet of any coal outcrop or coal storage area.

(4) Notwithstanding any other provision in these rules, any noncoal mine waste defined as "hazardous" under section 3001 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended) and 40 CFR part 261 shall be handled in accordance with the requirements of Subtitle C of RCRA (42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq. as amended) and 40 CFR parts 260 to 270.

(F) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-11

(A) Any person conducting coal mining operations shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of such resources where practicable.

(B)

(1) No coal mining operation shall be conducted which:

(a) Is likely to jeopardize the continued existence of endangered or threatened species listed by the United States secretary of the interior;

(b) Is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.); or

(c) Will result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs.

(2) A person who conducts coal mining operations shall promptly report to the chief the presence in the permit area of any critical habitat of a threatened or endangered species listed by the United States secretary of the interior, any plant or animal listed by the state as threatened or endangered, or any bald or golden eagle nest, of which that person becomes aware and which was not previously reported to the chief by that person. Upon notification the chief shall consult with appropriate state and federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed.

(3) Nothing in these rules shall authorize the taking of an endangered or threatened species or a bald or golden eagle, its nest, or any of its eggs in violation of the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq., or the Bald and Golden Eagle Protection Act, as amended, 16 U.S.C. 668 et seq.

(C) Each person who conducts coal mining operations shall:

(1) Avoid disturbances to, enhance where practicable, restore, or replace, wetlands, and riparian vegetation along rivers and streams and bordering ponds and lakes;

(2) Avoid disturbances to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife;

(3) Afford protection to aquatic communities by avoiding stream channels as required by paragraph (E) of rule 1501:13-9-04 of the Administrative Code or restoring stream channels as required in paragraph (F) of rule 1501:13-9-04 of the Administrative Code;

(4) To the extent possible prevent, control, and suppress range, forest, and coal fires which are not approved by the chief as part of a management plan;

(5) If fish and wildlife habitat is to be a postmining land use, the operator shall in addition to the requirements of rule 1501:13-9-17 of the Administrative Code:

(a) Select plant species to be used on reclaimed areas, based on the following criteria:

(i) Their proven nutritional value for fish and wildlife;

(ii) Their uses as cover for fish and wildlife; and

(iii) Their ability to support and enhance fish and wildlife habitat after release of performance security; and

(b) Distribute plant groupings to maximize benefit to fish and wildlife. Plants should be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits for fish and wildlife;

(6) Where cropland, grazingland, or pastureland is to be the postmining land use, and where appropriate for wildlife and crop management practices, intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals. Wetlands shall be preserved or created rather than drained or otherwise permanently abolished. When practical and consistent with these rules, ponds shall be designed and built as permanent ponds in order to enhance fish and wildlife habitat;

(7) Where undeveloped land use or fish and wildlife habitat is to be the postmining land use, and as appropriate for wildlife and other management practices, preserve or create rather than drain or permanently abolish wetlands. When practical and consistent with these rules, ponds shall be designed and built as permanent ponds in order to enhance fish and wildlife habitat; and

(8) Where the primary land use is to be residential, public service, or industrial land use, intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs and trees useful as food and cover for birds and small animals, unless such greenbelts are inconsistent with the approved postmining land use.

(D) Each operator shall, to the extent possible using the best technology currently available:

(1) Ensure that electric powerlines and other transmission facilities used for, and incidental to, mining operations on the permit area are designed and constructed to minimize electrocution hazards to raptors unless the chief determines such requirements are unnecessary;

(2) Locate and operate haul and access roads so as to minimize impacts to important fish and wildlife species or other species protected by state or federal law; and

(3) Fence, cover or use other appropriate methods to exclude wildlife from ponds that contain hazardous concentrations of toxic-forming materials.

(E) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-12

(A) An undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as may be determined by the chief as is needed to assure stability. The barrier shall be retained as a barrier to slides and erosion. Where the chief determines that this natural barrier will cause environmental problems, he shall require alternative measures to be taken.

(B) If at any time a slide occurs which may have a potential adverse effect on public property, health, safety, or the environment, the person who conducts the coal mining operation shall notify the chief by the fastest available means and comply with any remedial measures required by the chief.

Last updated February 27, 2023 at 9:58 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-13-07 In situ processing.

(A) Performance standards.

(1) The person who conducts in situ processing activities shall comply with the provisions of this rule.

(2) In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by:

(a) Avoiding discharge of fluids into holes or wells, other than as approved by the chief;

(b) Injecting process recovery fluids only into geologic zones or intervals approved as production zones by the chief;

(c) Avoiding annular injection between the wall of the drill hole and the casing; and

(d) Preventing discharge of process fluid into surface waters.

(3) Each person who conducts in situ processing activities shall submit for approval as part of the application for permit and follow after approval, a plan that ensures that all acid-forming, toxic-forming, or radioactive gases, solids, or liquids constituting a fire, health, safety, or environmental hazard and caused by the mining and recovery process are promptly treated, confined, or disposed of, in a manner that prevents contamination of ground and surface waters, damage to fish, wildlife and related environmental values, and threats to the public health and safety.

(4) Each person who conducts in situ processing activities shall prevent flow of the process recovery fluid:

(a) Horizontally beyond the affected area identified in the permit; and

(b) Vertically into overlying or underlying aquifers.

(5) Each person who conducts in situ processing activities shall restore the quality of affected ground water in the permit and adjacent area, including ground water above and below the production zone, to the approximate premining levels or better, to ensure that the potential for use of the ground water is not diminished.

(B) Monitoring.

(1) Each person who conducts in situ processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics in a manner approved by the chief to measure changes in the quantity and quality of water in surface and ground water systems in the permit and in adjacent areas.

(2) Water quality monitoring shall be conducted in accordance with monitoring programs approved by the chief as necessary according to appropriate federal and state water quality standards.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: October 27, 1982
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:13-13-08 Restoration off the permit area by means of mitigation.

(A) General requirements.

(1) The permittee shall restore on the permit area streams and wetlands affected by mining operations unless the chief approves restoration off the permit area by means of mitigation pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule.

(2) An applicant's or permittee's request for restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule, submitted to the chief as part of an application for a permit or a revision to a permit, shall be subject to the requirements of these rules for applications for permits and revisions to permits.

(3) Areas off the permit area proposed for restoration shall be in compliance with paragraph (E) of rule 1501:13-9-04 of the Administrative Code.

(B) Hydrologic and engineering assessment. An applicant or permittee seeking approval of restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule shall submit a hydrologic and engineering assessment of the affected lands to the chief, on a form provided by the chief, as part of an application for a permit or revision to a permit. The hydrologic and engineering assessment of the affected lands shall include, as applicable, the following information:

(1) Identification of the stream (in linear feet) or the wetland (in acreage) that cannot be restored on the permit area;

(2) A detailed explanation of why restoration of the stream or wetland on the permit area is not possible, including the following:

(a) A description of available water sources and their potential for restoration;

(b) A description of methods such as compaction or lining of the streambed that have been considered and an assessment of why those methods are not viable options to reduce infiltration and restore the stream;

(c) One or more reclamation cross sections showing that each stream and wetland, or portion thereof, cannot be restored on the permit area. The cross section shall include the location of the final highwall and any aquifers;

(3) A discussion of how the permanent loss of the quality and quantity of the stream or wetland on the permit area will be addressed through the mitigation plan, including a description of the pre-mining uses of the stream or wetland and how disturbance to the hydrologic balance within the permit and adjacent areas will be minimized and how material damage outside the permit area will be prevented;

(4) A detailed explanation of how the permit area will not contribute to sediment load downstream without a defined stream; and

(5) Any other information needed for the chief to make a determination pursuant to paragraph (E)(1) of this rule.

(C) Proposed mitigation plan. An applicant or permittee seeking approval of restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule shall submit to the chief the proposed mitigation plan and proposed mitigation activities that the applicant or permittee intends to perform pursuant to a permit issued under sections 401 and 404 of the "Federal Water Pollution Control Act" as defined in section 6111.01 of the Revised Code or an isolated wetland permit issued under Chapter 6111. of the Revised Code or pursuant to a no-cost reclamation contract for the restoration of water resources affected by past mining activities pursuant to section 1513.37 of the Revised Code. The mitigation plan shall describe the mitigation activities for the stream or wetland, or the portion of the stream or wetland, for which restoration on the permit area is not possible and, as applicable, identify the location where mitigation activities off the permit area are to be constructed.

(D) Landowner notification. The applicant or permittee shall notify the owner of record of the surface of the permit area by certified mail or other method able to track receipt of delivery, on a form provided by the chief, that the applicant or permittee intends to request restoration off the permit area by means of mitigation for a stream or wetland or a portion of a stream or wetland that cannot be restored on the portion of the permit area owned by the owner of record. The applicant or permittee shall submit a copy of the landowner notification to the chief as part of the application for a permit or revision to a permit.

(E) Review by the chief.

(1) No request for restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule shall be approved unless the application affirmatively demonstrates, and the chief makes written determinations, on the basis of information set forth in the application or from information otherwise available, that is documented in the approval and made available to the applicant, that:

(a) The hydrologic and engineering assessment submitted under paragraph (B) of this rule demonstrates that restoration on the permit area is not possible;

(b) The proposed mitigation plan under which mitigation activities described in paragraph (C) of this rule will be conducted is limited to a stream or wetland, or a portion of a stream or wetland, for which restoration on the permit area is not possible;

(c) The mitigation activities off the permit area, including mitigation banking, payment of in-lieu mitigation fees or other alternative approved mitigation activities, will be performed pursuant to a permit issued under sections 401 and 404 of the "Federal Water Pollution Control Act" as defined in section 6111.01 of the Revised Code or an isolated wetland permit issued under Chapter 6111. of the Revised Code or pursuant to a no-cost reclamation contract for the restoration of water resources affected by past mining activities pursuant to section 1513.37 of the Revised Code; and

(d) The proposed mitigation plan and mitigation activities comply with the standards established in section 1513.16 of the Revised Code and these rules.

(2) The chief shall review any comments and any other relevant information received about the proposed restoration off the permit area.

(3) Review and approval or disapproval by the chief of a request for restoration off the permit area pursuant to division (A)(25) of section 1513.16 of the Revised Code and this rule is subject to the requirements of these rules for applications for permits and revisions to permits.

(F) Restoration off the permit area.

(1) If the chief approves restoration off the permit area by means of mitigation in accordance with division (A)(25) of section 1513.16 of the Revised Code and this rule, the permittee shall complete all mitigation construction or other activities required by the mitigation plan in the approved permit.

(2) Release of performance bond.

(a) If the chief approves restoration off the permit area by means of mitigation in accordance with division (A)(25) of section 1513.16 of the Revised Code and this rule, the chief shall release performance security for reclamation activities on the permit area pursuant to division (F) of section 1513.16 of the Revised Code, except that the chief shall not release the remaining portion of performance security under division (F)(3)(c) of section 1513.16 of the Revised Code prior to completion of construction, to the satisfaction of the chief, of the required mitigation activities off the permit area, as specified in the approved mitigation plan.

(b) If the approved mitigation plan includes only mitigation activities which require no construction, such as mitigation banking or payment of in-lieu mitigation fees or alternative mitigation approved in a permit issued under section 401 and 404 of the "Federal Water Pollution Control Act" as defined in section 6111.01 of the Revised Code or an isolated wetland permit issued under Chapter 6111. of the Revised Code, the chief, upon his or her approval of restoration off the permit area in accordance with division (A)(25) of section 1513.16 of the Revised Code and this rule, shall release performance security pursuant to division (F) of section 1513.16 of the Revised Code.

Last updated February 14, 2022 at 11:20 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Chapter 1501:13-14 Enforcement

Ohio Adm.Code 1501:13-14-01 Inspections.

(A) For purposes of this rule:

(1) "Chief" shall mean the chief, his or her authorized representative, or any inspection officer.

(2) "Inactive coal mining and reclamation operation" means an operation:

(a) For which the chief has secured from the permittee the written notice required under paragraph (A) of rule 1501:13-9-16 of the Administrative Code; or

(b) For which reclamation phase II as defined in paragraph (B)(1)(b) of rule 1501:13-7-05 or paragraph (B)(1)(b) of rule 1501:13-7-05.1 of the Administrative Code has been completed.

(3) "Abandoned coal mining and reclamation operation" means an operation where the chief has found in writing that:

(a) All surface and underground coal mining and reclamation activities at the site have ceased;

(b) The chief has issued at least one notice of violation, and either:

(i) Is unable to serve the notice despite diligent efforts to do so; or

(ii) The notice was served and has progressed to a failure-to-abate cessation order;

(c) The chief:

(i) Is taking action to ensure that the permittee and operator, and owners and controllers of the permittee and operator, will be precluded from receiving future permits while violations continue at the site; and

(ii) Is taking action pursuant to rules 1501:13-14-02 and 1501:13-14-06 of the Administrative Code, or section 1513.02, 1513.15, 1513.40, or 1513.99 of the Revised Code to ensure that abatement occurs or that there will not be a recurrence of the failure-to-abate, except where after evaluating the circumstances, the chief concludes that further enforcement offers little or no likelihood of successfully compelling abatement or recovering any reclamation costs; and

(d) Where the site is, or was, permitted and performance security was provided:

(i) The permit has either expired or been revoked; and

(ii) The chief initiated and is diligently pursuing forfeiture of, or has forfeited, any available performance security.

(4) "Active coal mining and reclamation operation" means an operation other than an inactive or abandoned coal mining and reclamation operation.

(B) The chief shall have a right of entry to, upon, or through any coal mining and reclamation operations, coal exploration operations, any premises in which any records required to be maintained are located and any area of land upon which the chief has reason to believe that coal mining and reclamation operations are being conducted.

(C) The chief shall conduct an average of at least one partial inspection per month of each active coal mining and reclamation operation under his or her jurisdiction, and shall conduct such partial inspections of each inactive coal mining and reclamation operation under his or her jurisdiction as are necessary to ensure effective enforcement. A "partial inspection" is an on-site or aerial review of a person's compliance with some of the permit conditions and requirements imposed under Chapter 1513. of the Revised Code and these rules.

(1) If the chief or his or her authorized representative conducts an aerial inspection, the aerial inspection shall be conducted in a manner which reasonably ensures the identification and documentation of conditions at each coal mining and reclamation site inspected.

(2) Any potential violation observed during an aerial inspection shall be investigated on site within three calendar days after the aerial inspection, provided that any indication of a condition, practice or violation constituting cause for issuance of a cessation order under division (D)(1) of section 1513.02 of the Revised Code shall be investigated on site immediately, and provided further that an on-site investigation of a potential violation observed during an aerial inspection shall not be considered to be an additional partial or complete inspection for the purposes of paragraph (C) or (D) of this rule.

(D) The chief shall conduct an average of at least one complete inspection per calendar quarter of each active and inactive coal mining and reclamation operation under his or her jurisdiction. A "complete inspection" is an on-site review of a person's compliance with all permit conditions and requirements imposed under Chapter 1513. of the Revised Code and these rules.

(E) In lieu of the inspection frequency established in paragraphs (C) and (D) of this rule, the chief shall inspect each abandoned site on a set frequency commensurate with the public health and safety and environmental considerations present at each specific site, but in no case shall the inspection frequency be set at less than one complete inspection per calendar year.

(1) In selecting an alternate inspection frequency authorized under paragraph (E) of this rule, the chief shall first conduct a complete inspection of the abandoned site and provide public notice under paragraph (E)(2) of this rule. Following the inspection and public notice, the chief shall prepare and maintain for public review a written finding justifying the alternative inspection frequency selected. This written finding shall justify the new inspection frequency by affirmatively addressing in detail all of the following criteria:

(a) How the site meets each of the criteria under the definition of an abandoned site under paragraph (A)(3) of this rule and thereby qualifies for a reduction in inspection frequency;

(b) Whether, and to what extent, there exist on the site impoundments, earthen structures, or other conditions that pose, or may reasonably be expected to pose imminent dangers to the health or safety of the public or significant environmental harms to land, air, or water resources;

(c) The extent to which existing impoundments or earthen structures were constructed and certified in accordance with prudent engineering designs approved in the permit;

(d) The degree to which erosion and sediment control is present and functioning;

(e) The extent to which the site is located near or above urbanized areas, communities, occupied dwellings, schools, and other public or commercial buildings and facilities;

(f) The extent of reclamation completed prior to abandonment and the degree of stability of unreclaimed areas, taking into consideration the physical characteristics of the land mined and the extent of settlement or revegetation that has occurred naturally with time; and

(g) Based on a review of the complete and partial inspection report record for the site during at least the last two consecutive years, the rate at which adverse environmental or public health and safety conditions have and can be expected to progressively deteriorate.

(2) The public notice and opportunity to comment required under paragraph (E)(1) of this rule shall be provided as follows:

(a) The chief shall place a notice in the newspaper with the broadest circulation in the locality of the abandoned site providing the public with a thirty-day period in which to submit written comments; and

(b) The public notice shall contain the permittee's name, the permit number, the precise location of the land affected, the inspection frequency proposed, the general reasons for reducing the inspection frequency, the performance security status of the permit, the telephone number, address, and electronic mail address where written comments on the reduced inspection frequency may be submitted, and the closing date of the comment period.

(F) The chief shall conduct such inspections of all coal exploration operations as are necessary to ensure compliance with Chapter 1513. of the Revised Code and rules adopted thereunder.

(G) Except as provided in paragraph (M) of this rule, the inspections required under paragraphs (C), (D), (E), and (F) of this rule shall:

(1) Occur without advance notice or search warrant and upon presentation of appropriate credentials;

(2) Be carried out on an irregular basis, so as to monitor compliance at all operations, including those which operate nights, holidays, and weekends;

(3) Occur without prior notice to the permittee or operator being inspected or any agent or employee of such permittee or operator, except for necessary on-site meetings;

(4) Include the prompt filing of inspection reports or other documents adequate to enforce the requirements of and to carry out the terms and purposes of Chapter 1513. of the Revised Code and rules adopted thereunder;

(5) Include the collection of evidence with respect to every violation; and

(6) Allow for inspection of any monitoring equipment or method of exploration or operation and allow access to and acquisition of copies of any records required to be maintained under Chapter 1513. of the Revised Code and rules adopted thereunder.

(H) Citizen's request for inspection.

(1) A citizen may request an inspection by furnishing to the chief a signed or electronically signed, written statement, or an oral report followed by a signed or electronically signed, written statement, giving:

(a) The reason for believing that a violation exists; and

(b) A phone number and address where the citizen can be contacted.

(2) The identity of any person supplying the information to the chief in a request for an inspection shall remain confidential, if requested by the person, unless the person elects to accompany the inspector on the inspection or unless disclosure is required under the state's freedom of information laws.

(3) If an inspection is to be conducted as a result of information provided by the citizen, the citizen shall be notified as far in advance as is practicable when the inspection is to occur and shall be allowed to accompany the inspector. The citizen shall be in the presence of and under control, direction, and supervision of the inspector during the inspection. The citizen does not have the right to enter buildings without consent of the permittee or without a search order.

(4) Within ten days of the inspection or, if there is no inspection, within fifteen days of receipt of the citizen's written statement, the chief or his or her representative shall send the citizen and the permittee the following:

(a) If an inspection was made, a description of the enforcement action taken or an explanation of why no enforcement action was taken;

(b) If no inspection was conducted, an explanation of the reason why; and

(c) An explanation of the citizen's right to informal review of the action of the chief.

(5) The chief shall give copies of all materials in paragraphs (H)(4)(a) and (H)(4)(b) of this rule within the time limits specified in those paragraphs to the person, permittee, or operator alleged to be in violation, except that the name of the citizen shall be removed unless disclosure of the citizen's identity is permitted under paragraph (H)(2) of this rule.

(I) Inspection of operations where coal is extracted incidental to the extraction of other minerals.

(1) Authorized representatives of the chief and of the U.S. secretary of the interior shall have the right to conduct inspections of operations claiming the exemption from the requirements of Chapter 1513. of the Revised Code in accordance with rule 1501:13-4-16 of the Administrative Code.

(2) Each authorized representative of the chief or of the U.S. secretary of the interior conducting an inspection under paragraph (I)(1) of this rule:

(a) Shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;

(b) May, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and

(c) Shall have a right to gather physical and photographic evidence to document conditions, practices, or violations at a site.

(3) No search warrant shall be required with respect to any activity under paragraphs (I)(1) and (I)(2) of this rule, except that a search warrant may be required for entry into a building.

(J) Informal review.

(1) Any person who is or may be adversely affected by a coal mining and reclamation operation may request, in writing or by electronic mail, the chief to review informally an authorized representative's or inspection officer's decision not to inspect or take appropriate enforcement alleged by that person in a request for inspection under paragraph (H) of this rule. The request for review shall include a statement of how the person is or may be adversely affected and why the decision merits review.

(2) The chief shall conduct the review and inform the person, in writing or by electronic mail, of the results of the review within thirty days of receipt of the request. The person alleged to be in violation shall also be given a copy of the results of the review, except that the name of the person who is or may be adversely affected shall not be disclosed unless confidentiality has been waived or disclosure is required under the state's freedom of information laws.

(3) Informal review under this rule shall not affect any right to formal review or to a citizen's suit under Chapter 1513. of the Revised Code and rules adopted thereunder.

(K) Any person who is or may be adversely affected by coal exploration or a coal mining and reclamation operation may notify the chief, in writing or by electronic mail, of any alleged failure to make adequate and complete or periodic inspections as provided in paragraphs (C), (D), (E), and (F) of this rule.

(1) The notification shall include sufficient information to create a reasonable belief that this rule is not being complied with and to demonstrate that the person is or may be adversely affected.

(2) The chief shall, within fifteen days of receipt of the notification, determine whether this rule is being complied with, and if not, shall immediately order an inspection.

(3) The chief shall furnish the complainant with a written or electronic finding, stating his or her determination and actions.

(L) The permittee or operator may accompany the chief during any inspection.

(M) Compliance review.

(1) A permittee may request an on-site compliance review with the chief or his or her authorized representative to review the compliance status of any condition or practice proposed at any coal exploration or coal mining and reclamation operation. Any such review shall not constitute an inspection within the meaning of division (C)(1) of section 1513.09 of the Revised Code or paragraph (C), (D), (E), or (F) of this rule.

(2) The chief or his or her authorized representative may accept or refuse any request to conduct a compliance review under paragraph (M)(1) of this rule.

(3) The chief or his or her authorized representative shall, at any compliance review, review the proposed conditions and practices in order to advise whether any such condition or practice may become a violation of any requirement under Chapter 1513. of the Revised Code, these rules, or the permit.

(4) Neither the holding of a compliance review under this rule nor any opinion given by the chief or his or her authorized representative at such review shall affect:

(a) Any rights or obligations of the state or the permittee with respect to any inspection, notice of violation or cessation order, whether prior or subsequent to such compliance review; or

(b) The validity of any notice of violation or cessation order issued with respect to any condition or practice reviewed at the compliance review.

Last updated February 14, 2022 at 9:05 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-16

(A) Temporary cessation.

(1) Each person who conducts coal mining operations shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a person of his or her obligation to comply with any provisions of the approved plan of mining and reclamation for the permit.

(2) Before temporary cessation of mining and reclamation operations for a period of thirty days or more, or as soon as it is known that a temporary cessation will extend beyond thirty days, a person who conducts coal mining operations shall submit to the chief a notice of intention to cease or abandon mining and reclamation operations. This notice shall include a statement of the exact number of acres which will have been affected in the permit area prior to such temporary cessation, the extent and kind of reclamation of those areas which will have been accomplished, identification of the backfilling, regrading, revegetation, environmental monitoring, and water treatment activities that will continue during the temporary cessation, and an estimate of the date that operations will resume.

(B) Permanent cessation.

(1) Persons who cease coal mining operations permanently shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with Chapter 1513. of the Revised Code, these rules and the approved plan of mining and reclamation for the permit.

(2) All underground openings, equipment, structures, or other facilities not required for monitoring, unless approved by the chief as suitable for the postmining land use or environmental monitoring, shall be removed and the affected land reclaimed.

Last updated February 27, 2023 at 9:59 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-05

This rule applies to a permittee that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code.

(A) Procedures for seeking release of performance security.

(1) Request for approval of reclamation. After all reclamation, restoration, and abatement work in a reclamation phase, as defined in paragraph (B)(1) of this rule, is completed on the entire permit area or on an incremental area, the permittee, or any person authorized to act on his or her behalf, shall file a request with the chief for approval of that reclamation. A request for approval of a reclamation phase shall include a request for release of performance security. A request for approval of reclamation may be filed only at times or during seasons that allow the chief to evaluate properly the reclamation reported to be completed.

(2) Contents of request for approval of reclamation.

(a) Every request for approval of reclamation for a particular reclamation phase shall include:

(i) The location and the number of acres of land subject to the request;

(ii) The permit number;

(iii) The amount of performance security for the area subject to the request and the phase of reclamation sought to be released; and

(iv) A notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of Chapter 1513. of the Revised Code, the rules adopted thereunder and the approved reclamation plan.

(b) The request for approval of reclamation phase II or any attachments to the request shall also include:

(i) The results of tests on the soil of the area requested for release for such vegetation-sustaining factors as potassium, phosphorus, and lime, and a lime recommendation;

(ii) The planting report required under rule 1501:13-9-15 of the Administrative Code;

(iii) The number of acres of the area requested for release that are reclaimed as prime farmland; and

(iv) Yield data for those acres reclaimed as prime farmland, if appropriate.

(c) The request for approval of reclamation phase III or any attachments to the request shall also state:

(i) The number of acres of the area requested for release that are reclaimed as prime farmland;

(ii) Yield data for those acres reclaimed as cropland, prime farmland, pasture or grazing land, if appropriate; and

(iii) The number of acres of the area requested for release that are reclaimed as lands eligible for remining.

(d) With every request for approval of reclamation for a particular reclamation phase, the permittee shall submit copies of the letters the permittee has sent to adjoining property owners, local government bodies, planning agencies, and sewage and water treatment authorities or water companies in the locality in which the coal mining and reclamation activities took place, notifying them of the permittee's intention to seek release of performance security.

(3) At the time that a request for release of performance security is filed with the chief, the permittee shall publish an advertisement, described in division (F)(1) of section 1513.16 of the Revised Code, at least once a week for four successive weeks in a newspaper of general circulation in the locality of the coal mining operation. In addition to the requirements specified in division (F)(1) of section 1513.16 of the Revised Code, the advertisement shall contain the permittee's name and shall state that written comments, objections, and requests for a performance security release conference may be submitted to the chief pursuant to rule 1501:13-7-08 of the Administrative Code. The advertisement shall also provide the address to which, and closing date by which, written comments, objections and requests for performance security release conferences must be sent. Within thirty days after filing a request for release with the chief, the permittee shall submit a copy of this advertisement to the chief.

(4) After the publication required by paragraph (A)(3) of this rule and prior to the release of performance security, the permittee shall submit to the chief a notarized proof of publication from the newspaper that published the advertisement.

(5) Inspection by the chief.

(a) Within thirty days after the permittee has complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, the chief shall conduct an inspection and evaluation of the reclamation work involved. The surface owner, or agent or lessee of the surface owner, shall be given notice of such inspection and may participate with the chief or his or her authorized representative in making the performance security release inspection.

(b) The chief shall consider during inspection and evaluation of the reclamation:

(i) Whether the permittee has met the requirements of Chapter 1513. of the Revised Code, these rules, any orders issued during mining and reclamation, and the specifications of the approved mining and reclamation plan;

(ii) The degree of difficulty to complete any remaining reclamation;

(iii) Whether pollution of surface and subsurface water is occurring;

(iv) The probability the pollution will continue or occur again; and

(v) The estimated cost of abating the pollution.

(6) Objections to release of performance security and request for performance security release conference.

(a) Within thirty days after the last newspaper publication of the filing of the request for release, written objections to the proposed release of performance security may be filed with the chief by the following persons:

(i) A person with a valid legal interest that might be adversely affected by release of the performance security;

(ii) The responsible officer or head of any federal, state, or local government agency that:

(a) Has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation; or

(b) Is authorized to develop and enforce environmental standards with respect to the operation.

(b) Persons who may file objections under paragraph (A)(6)(a) of this rule may also request a performance security release conference on the proposed release of performance security pursuant to rule 1501:13-7-08 of the Administrative Code.

(7) Decision of the chief; notice of review.

(a) The chief shall notify in writing the permittee and any other interested parties of his or her decision to approve or disapprove the request for release and his or her decision to release or not to release all or part of the performance security:

(i) Within sixty days after the permittee has filed a request for release and complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, if no performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule; or

(ii) Within sixty days after the performance security release conference, if a performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule.

(b) If the chief disapproves a request for release, the chief shall notify the permittee in writing, stating the reasons for disapproval, recommending corrective action necessary to secure release, and informing the permittee of his or her right to appeal this decision to the reclamation commission.

(c) Within thirty days after notification of the final decision of the chief regarding the performance security release, the permittee or any person with an interest that is or may be adversely affected may file an appeal of that decision with the reclamation commission.

(d) If the chief intends to release the performance security, the chief shall notify the municipal corporation in which the coal mining operation is located by certified mail at least thirty days before release of all or part of the performance security.

(e) The chief shall not release performance security until proceedings in review of a decision to release are terminated or, if rights to administrative and judicial review have not been exercised, until periods allowed for filing applications for review have expired.

(B) Criteria and schedule for release of performance security.

(1) Reclamation phases defined.

(a) Reclamation phase I shall be determined to be completed when, in accordance with the approved mining and reclamation plan:

(i) Backfilling and regrading have been completed; and

(ii) Drainage controls have been established.

(b) Reclamation phase II shall be determined to be completed when:

(i) Resoiling is completed and revegetation meets the standards for success for a phase II performance security release in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The lands are not contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements of division (A)(10) of section 1513.16 of the Revised Code, these rules, permit conditions, or the mining and reclamation plan;

(iii) With respect to prime farmlands, soil replacement has been carried out in accordance with the requirements of rule 1501:13-13-03 of the Administrative Code and division (A)(7) of section 1513.16 of the Revised Code, and soil productivity has returned to the levels of yield required by rule 1501:13-4-12 of the Administrative Code;

(iv) The provisions of a plan approved by the chief for the sound future management of any permanent impoundment by the permittee or landowner are implemented to the satisfaction of the chief; and

(v) Any permanent structures to be maintained as part of the postmining land use are included in the approved reclamation plan.

(c) Reclamation phase III shall be determined to be completed when:

(i) The permittee has successfully completed all coal mining and reclamation operations in accordance with the approved reclamation plan and has met the phase III revegetation success standards in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The permittee has achieved compliance with the requirements of Chapter 1513. of the Revised Code, these rules, and the permit; and

(iii) The applicable liability period under rule 1501:13-7-02 of the Administrative Code has expired.

(2) Approval of reclamation phase.

(a) The chief may approve a request and release liability under performance security according to the schedule set forth in paragraph (B)(3) of this rule only upon the chief's determination that reclamation in a particular phase is complete on an incremental area or the entire permit area.

(b) The chief may approve release of performance security for an incremental area when reclamation in a particular phase is complete on that incremental area even though such reclamation is not complete on other incremental areas within the same permit, provided that no release of performance security for any acreage within an incremental area may be approved until reclamation in the applicable phase is complete for all acres within that incremental area.

(c) A portion of an incremental area requiring extended liability because of augmentation or failure to achieve the crop yields for prime farmland required for phase II performance security release by rule 1501:13-9-15 of the Administrative Code may, upon approval by the chief, be separated from the rest of the incremental area and have performance security provided separately. Before determining that extended liability should apply to only a portion of the incremental area, the chief shall determine such portion:

(i) Is not significant in extent in relation to the entire area under the performance security; and

(ii) Is limited to isolated, distinguishable, and contiguous portions of the area for which performance security has been provided and does not comprise scattered or intermittent occurrences throughout the area for which performance security has been provided.

(d) If an area is separated under paragraph (B)(2)(c) of this rule, that portion shall have performance security provided separately and the applicable period of liability, in accordance with rule 1501:13-7-02 of the Administrative Code, shall commence anew. The period of liability for the remaining area shall continue in effect without extension. The amount of performance security on the original incremental area may be adjusted in accordance with rule 1501:13-7-02 of the Administrative Code.

(e) The chief may approve a request for release of performance security for reclamation phase II on areas from which temporary sedimentation ponds have not yet been removed, provided all requirements for a phase II performance security release are met.

(f) A portion of an incremental area requiring a reduced period of liability because of its classification as a remining area shall be separated from the rest of the incremental area and shall be eligible for phase III performance security release pursuant to paragraph (O) of rule 1501:13-9-15 of the Administrative Code.

(3) Schedule for release.

(a) When reclamation phase I is approved by the chief for an incremental area or the entire permit area, the chief shall release performance security liability in the amount of fifty per cent of the performance security for the incremental area or the entire permit area on which the reclamation phase I is complete.

(b) When reclamation phase II is approved by the chief for an incremental area or the entire permit area, the chief shall release performance security liability in an amount not exceeding thirty-five per cent of the original performance security for the incremental area or the entire permit area on which the reclamation phase II is complete.

(c) When reclamation phase III is approved by the chief for an incremental area or the entire permit area, the chief shall release the remaining performance security liability for the incremental area or entire permit area.

(4) Order of release. With the exception of certificates of deposit, trust funds, and cash, which shall be released in any manner and order as determined by the chief, other forms of performance security shall be released under paragraph (B)(3) of this rule in the order in which they were filed, and according to the following order by form of performance security:

(a) The surety bond filed earliest in the permit term, followed by surety bond filed later in the permit term;

(b) The letter of credit filed earliest in the permit term, followed by letters of credit filed later in the permit term; and

(c) Any remaining collateral bond, in the order in which it was filed.

Last updated February 27, 2023 at 9:48 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-05.1

This rule applies to a permittee that provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code.

(A) Procedures for seeking approval of a reclamation phase and release of performance security.

(1) Request for approval of reclamation.

(a) After all reclamation, restoration, and abatement work in a reclamation phase, as defined in paragraph (B)(1) of this rule, is completed on the entire permit area or on an entire incremental mining unit, the permittee, or any person authorized to act on his or her behalf, shall file a request with the chief for approval of that reclamation. A request for approval of a reclamation phase for the entire permit area or for an entire incremental mining unit shall include a request for release of performance security.

(b) After all reclamation, restoration, and abatement work in reclamation phase I or reclamation phase II, as defined by paragraph (B)(1) of this rule, is completed on a designated area within a permit area or incremental mining unit, the permittee may file a request for approval of reclamation phase I or reclamation phase II for that designated area. A request for approval under this paragraph shall not include a request for release of performance security.

(c) A request for approval of reclamation may be filed only at times or during seasons that allow the chief to evaluate properly the reclamation reported to be completed.

(2) Contents of request for approval of reclamation.

(a) Every request for approval of reclamation for a particular reclamation phase shall include:

(i) The location and the number of acres of land subject to the request;

(ii) The permit number;

(iii) A notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of Chapter 1513. of the Revised Code, the rules adopted thereunder and the approved reclamation plan; and

(iv) If the request for approval of reclamation includes a request for release of performance security, the amount of performance security for the area subject to the request and the phase of reclamation sought to be released.

(b) The request for approval of reclamation phase II or any attachments to the request shall also include:

(i) The results of tests on the soil of the area requested for approval for such vegetation-sustaining factors as potassium, phosphorus, and lime, and a lime recommendation;

(ii) The planting report required under rule 1501:13-9-15 of the Administrative Code;

(iii) The number of acres of the area requested for approval that are reclaimed as prime farmland; and

(iv) Yield data for those acres reclaimed as prime farmland, if appropriate.

(c) The request for approval of reclamation phase III or any attachments to the request shall also state:

(i) The number of acres of the area requested for approval and release that are reclaimed as prime farmland;

(ii) Yield data for those acres reclaimed as cropland, prime farmland, pasture or grazing land, if appropriate; and

(iii) The number of acres of the area requested for release that are reclaimed as lands eligible for remining.

(d) With every request for approval of reclamation for a particular reclamation phase, the permittee shall submit copies of the letters the permittee has sent to adjoining property owners, local government bodies, planning agencies, and sewage and water treatment authorities or water companies in the locality in which the coal mining and reclamation activities took place, notifying them of the permittee's request for reclamation phase approval and, when included, the permittee's request for release of performance security.

(3) At the time that a request for approval of a reclamation phase or a request for release of performance security is filed with the chief, the permittee shall publish an advertisement, described in division (F)(1) of section 1513.16 of the Revised Code, at least once a week for four successive weeks in a newspaper of general circulation in the locality of the coal mining operation. In addition to the requirements specified in division (F)(1) of section 1513.16 of the Revised Code, the advertisement shall contain the permittee's name and shall state that written comments, objections, and requests for a reclamation phase approval conference or a performance security release conference may be submitted to the chief pursuant to rule 1501:13-7-08 of the Administrative Code. The advertisement shall also provide the address to which, and closing date by which, written comments, objections and requests for a reclamation phase approval conference or a performance security release conference must be sent. Within thirty days after filing a request for approval of a reclamation phase or a request for approval of a release with the chief, the permittee shall submit a copy of this advertisement to the chief.

(4) After the publication required by paragraph (A)(3) of this rule and prior to the approval of the reclamation phase or the release of performance security, the permittee shall submit to the chief a notarized proof of publication from the newspaper that published the advertisement.

(5) Inspection by the chief.

(a) Within thirty days after the permittee has complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, the chief shall conduct an inspection and evaluation of the reclamation work involved. The surface owner, or agent or lessee of the surface owner, shall be given notice of such inspection and may participate with the chief or his or her authorized representative in making the reclamation phase approval inspection.

(b) The chief shall consider during inspection and evaluation of the reclamation:

(i) Whether the permittee has met the requirements of Chapter 1513. of the Revised Code, these rules, any orders issued during mining and reclamation, and the specifications of the approved mining and reclamation plan;

(ii) The degree of difficulty to complete any remaining reclamation;

(iii) Whether pollution of surface and subsurface water is occurring;

(iv) The probability the pollution will continue or occur again; and

(v) The estimated cost of abating the pollution.

(6) Objections to approval of reclamation phase or to release of performance security and request for reclamation phase approval conference or performance security release conference.

(a) Within thirty days after the last newspaper publication of the filing of the request for approval of a reclamation phase or the request for release of performance security, written objections to the proposed reclamation phase approval or proposed performance security release may be filed with the chief by the following persons:

(i) A person with a valid legal interest that might be adversely affected by approval of the reclamation phase or by release of the performance security;

(ii) The responsible officer or head of any federal, state, or local government agency that:

(a) Has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation; or

(b) Is authorized to develop and enforce environmental standards with respect to the operation.

(b) Persons who may file objections under paragraph (A)(6)(a) of this rule may also request a reclamation phase approval conference on the proposed approval or a performance security release conference on the proposed release of performance security pursuant to rule 1501:13-7-08 of the Administrative Code.

(7) Decision of the chief; notice of review.

(a) The chief shall notify in writing the permittee and any other interested parties of his or her decision to approve or disapprove a reclamation phase or a request for release and his or her decision to release or not to release all or part of the performance security:

(i) Within sixty days after the permittee has filed a request for approval of a reclamation phase or for release of performance security and complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of this rule, if no reclamation phase approval conference or performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule; or

(ii) Within sixty days after the reclamation phase approval conference or performance security release conference, if a reclamation phase approval conference or performance security release conference is held pursuant to paragraph (A)(6)(b) of this rule.

(b) If the chief disapproves a reclamation phase or a request for release, the chief shall notify the permittee in writing, stating the reasons for disapproval, recommending corrective action necessary to secure approval or release, and informing the permittee of his or her right to appeal this decision to the reclamation commission.

(c) Within thirty days after notification of the final decision of the chief regarding the reclamation phase or the performance security release, the permittee or any person with an interest that is or may be adversely affected may file an appeal of that decision with the reclamation commission.

(d) If the chief intends to release the performance security, the chief shall notify the municipal corporation in which the coal mining operation is located by certified mail at least thirty days before release of all or part of the performance security.

(e) The chief shall not release performance security until proceedings in review of a decision to release are terminated or, if rights to administrative and judicial review have not been exercised, until periods allowed for filing applications for review have expired.

(B) Criteria and schedule for release of performance security.

(1) Reclamation phases defined.

(a) Reclamation phase I shall be determined to be completed when, in accordance with the approved mining and reclamation plan:

(i) Backfilling and regrading have been completed; and

(ii) Drainage controls have been established.

(b) Reclamation phase II shall be determined to be completed when:

(i) Resoiling is completed and revegetation meets the standards for success for a phase II performance security release in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The lands are not contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements of division (A)(10) of section 1513.16 of the Revised Code, these rules, permit conditions, or the mining and reclamation plan;

(iii) With respect to prime farmlands, soil replacement has been carried out in accordance with the requirements of rule 1501:13-13-03 of the Administrative Code and division (A)(7) of section 1513.16 of the Revised Code, and soil productivity has returned to the levels of yield required by rule 1501:13-4-12 of the Administrative Code;

(iv) The provisions of a plan approved by the chief for the sound future management of any permanent impoundment by the permittee or landowner are implemented to the satisfaction of the chief; and

(v) Any permanent structures to be maintained as part of the postmining land use are included in the approved reclamation plan.

(c) Reclamation phase III shall be determined to be completed when:

(i) The permittee has successfully completed all coal mining and reclamation operations in accordance with the approved reclamation plan and has met the phase III revegetation success standards in accordance with rule 1501:13-9-15 of the Administrative Code;

(ii) The permittee has achieved compliance with the requirements of Chapter 1513. of the Revised Code, these rules, and the permit; and

(iii) The applicable liability period under rule 1501:13-7-02 of the Administrative Code has expired.

(2) Approval of request for release of performance security.

(a) The chief may approve a request for release of performance security and may release liability under performance security according to the schedule set forth in paragraph (B)(3) of this rule only upon the chief's determination that reclamation in a particular phase is complete on an incremental mining unit or the entire permit area.

(b) The chief may approve release of performance security for an incremental mining unit when reclamation in a particular phase is complete on that incremental mining unit even though such reclamation is not complete on other incremental mining units within the same permit, provided that no release of performance security for any acreage within an incremental mining unit may be approved until reclamation in the applicable phase is complete for all acres within that incremental mining unit.

(c) A portion of an incremental mining unit requiring extended liability because of augmentation or failure to achieve the crop yields for prime farmland required for phase II performance security release by rule 1501:13-9-15 of the Administrative Code may, upon approval by the chief, be separated from the rest of the incremental mining unit and have performance security provided separately. Before determining that extended liability should apply to only a portion of the incremental mining unit, the chief shall determine such portion:

(i) Is not significant in extent in relation to the entire area under the performance security; and

(ii) Is limited to isolated, distinguishable, and contiguous portions of the area for which performance security has been provided and does not comprise scattered or intermittent occurrences throughout the area for which performance security has been provided.

(d) If an area is separated under paragraph (B)(2)(c) of this rule, that portion shall have performance security provided separately and the applicable period of liability, in accordance with rule 1501:13-7-02 of the Administrative Code, shall commence anew. The period of liability for the remaining area shall continue in effect without extension. The amount of performance security on the original incremental mining unit may be adjusted in accordance with rule 1501:13-7-02 of the Administrative Code.

(e) The chief may approve a request for release of performance security for reclamation phase II on areas from which temporary sedimentation ponds have not yet been removed, provided all requirements for a phase II performance security release are met.

(f) A portion of an incremental mining unit requiring a reduced period of liability because of its classification as a remining area shall be separated from the rest of the incremental mining unit and shall be eligible for phase III performance security release pursuant to paragraph (O) of rule 1501:13-9-15 of the Administrative Code.

(3) Schedule for release.

(a) When reclamation phase I is approved by the chief for an incremental mining unit or the entire permit area, the chief shall release performance security liability in an amount of up to fifty per cent of the performance security for the incremental mining unit or the entire permit area on which the reclamation phase I is complete.

(b) When reclamation phase II is approved by the chief for an incremental mining unit or the entire permit area, the chief shall release performance security liability in an amount of up to thirty-five per cent of the original performance security for the incremental mining unit or the entire permit area on which the reclamation phase II is complete.

(c) When reclamation phase III is approved by the chief for an incremental mining unit or the entire permit area, the chief shall release the remaining performance security liability for the incremental mining unit or entire permit area.

(4) Order of release. With the exception of certificates of deposit, trust funds, and cash, which shall be released in any manner and order as determined by the chief, other forms of performance security shall be released under paragraph (B)(3) of this rule in the order in which they were filed, and according to the following order by form of performance security:

(a) The surety bond filed earliest in the permit term, followed by surety bond filed later in the permit term;

(b) The letter of credit filed earliest in the permit term, followed by letters of credit filed later in the permit term; and

(c) Any remaining collateral bond, in the order in which it was filed.

Last updated February 27, 2023 at 9:48 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-02

(A) Cessation orders.

(1) Imminent danger; significant harm.

(a) An authorized representative of the chief shall immediately order a cessation of coal mining and reclamation operations or of the relevant portion thereof, if he or she finds on the basis of any inspection, any condition or practice, or any violation of Chapter 1513. of the Revised Code or rules adopted thereunder, or any condition of a coal exploration approval or permit or a coal mining and reclamation permit, which:

(i) Creates an imminent danger to the health or safety of the public; or

(ii) Is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resources.

(b) If the cessation ordered under paragraph (A)(1)(a) of this rule will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the authorized representative of the chief shall impose affirmative obligations on the person to whom it is issued to abate the condition, practice or violation. The order shall specify the time by which abatement shall be accomplished.

(2) Coal mining operations conducted by any person without a valid permit issued pursuant to these rules constitute a condition or practice which causes or can reasonably be expected to cause significant imminent environmental harm to land, air or water resources, unless such operations are an integral, uninterrupted extension of previously permitted operations, and the person conducting such operations has filed a timely and complete application for a permit to conduct such operations.

(3) Failure to abate violation.

(a) An authorized representative of the chief shall immediately order the cessation of coal exploration or coal mining and reclamation operations, or of the relevant portion thereof, when a notice of violation has been issued under paragraph (B) of this rule and the person to whom it was issued fails to abate the violation within the abatement period fixed or subsequently extended by the authorized representative.

(b) A cessation order issued under paragraph (A)(3) of this rule shall require the person to whom it is issued to take all steps the authorized representative of the chief deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.

(c) Whenever a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatement period set in the notice or order or as subsequently extended, the chief shall review the permittee's history of violations to determine whether a pattern of violations exists pursuant to this rule, and shall issue an order to show cause as appropriate pursuant to paragraph (C) of this rule.

(4) A cessation order issued under paragraph (A)(1) or (A)(3) of this rule shall be in writing, signed by the authorized representative who issues it, and shall set forth with reasonable specificity:

(a) The nature of the condition, practice, or violation;

(b) The remedial action or affirmative obligation required, if any, including interim steps, if appropriate;

(c) The time established for abatement, if appropriate, including the time for meeting any interim steps; and

(d) A reasonable description of the portion of the coal exploration or coal mining and reclamation operation to which it applies. The order shall remain in effect until the condition, practice or violation has been abated or until the order is vacated, modified or terminated in writing by an authorized representative of the chief.

(5) Reclamation operations and other activities intended to protect public health and safety and the environment shall continue during the period of any order unless otherwise provided in the order.

(6) An authorized representative of the chief may modify, terminate or vacate a cessation order for good cause, and may extend the time for abatement if the failure to abate within the time previously set was not caused by lack of diligence on the part of the person to whom it was issued.

(7) An authorized representative of the chief shall terminate a cessation order, by written notice to the person to whom the order was issued, when he or she determines that all conditions, practices, or violations listed in the order have been abated. Termination shall not affect the right of the chief to assess civil penalties for those violations under rule 1501:13-14-03 of the Administrative Code.

(8) Within thirty days after a cessation order is issued, the permittee shall submit to the chief the information required pursuant to paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code. Within sixty days after issuing a cessation order, the chief shall notify in writing any person who has been identified under paragraph (B)(5) or (B)(7) of rule 1501:13-4-03 or paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code as owning or controlling the permittee that the cessation order was issued and that the person has been identified as an owner or controller.

(9) If performance security was provided together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code and the chief has issued a cessation order under paragraph (A)(3) of this rule for failure to abate a violation of the contemporaneous reclamation requirement under rule 1501:13-9-13 of the Administrative Code, the chief may require the permittee to increase the amount of performance security for the permit from twenty-five hundred dollars per acre of land to five thousand dollars per acre of land.

(a) If the cessation order is for failure to abate a violation of the contemporaneous reclamation requirement for backfilling and/or grading and permittee has not abated the violation within thirty days of the issuance of the cessation order, the chief may, in writing, order the permittee to increase, within ten days, the amount of performance security to five thousand dollars per acre of land.

(b) If the cessation order is for failure to abate a violation of the contemporaneous reclamation requirement for any reason other than backfilling and/or grading and permittee has not abated the violation within thirty days of the issuance of the cessation order, the chief may determine the amount of performance security increase and may, in writing, order the permittee to increase, within ten days, performance security by the amount specified in the order, not to exceed a total of five thousand dollars per acre of land.

(c) If the chief orders the permittee to increase the amount of performance security under paragraph (A)(9)(a) or (A)(9)(b) of this rule, the chief shall also order the permittee to show cause why the permittee has the ability to comply with the requirements of Chapter 1513. of the Revised Code in accordance with paragraph (B) of rule 1501:13-7-06 of the Administrative Code.

(d) If the chief orders the permittee to increase the amount of performance security under paragraph (A)(9)(a) or (A)(9)(b) of this rule, the increased performance security shall remain in effect for the permit, including all future acreage of the permit, until the chief determines that the amount of performance security may be reduced. When the permittee abates the violation contained in the cessation order that resulted in the increase in performance security, the permittee may request the chief, in writing, to reduce the amount of performance security per acre. The chief shall determine, in writing, whether or not the performance security may be reduced and the amount of performance security reduction, if any, based on the overall site conditions of the permit, the success of the reclamation performed, the permittee's compliance with other enforcement actions, and the outcome of the show cause hearing held pursuant to paragraph (B) of rule 1501:13-7-06 of the Administrative Code or of any show cause hearing requested under paragraph (C) of this rule.

(e) A reduction in the amount of performance security under paragraph (A)(9)(d) of this rule shall not be considered release of performance security and is not subject to division (F) of section 1513.16 of the Revised Code.

(B) Notices of violation.

(1) An authorized representative of the chief shall issue a notice of violation, if, on the basis of an inspection, he or she finds a violation of Chapter 1513. of the Revised Code or rules adopted thereunder or any condition of a permit or an exploration permit, which does not create an imminent danger or harm for which a cessation order must be issued under paragraph (A) of this rule.

(2) A notice of violation issued under this rule shall be in writing, signed by the authorized representative of the chief who issued it, and shall set forth with reasonable specificity:

(a) The nature of the violation;

(b) The remedial action required, which may include interim steps;

(c) A reasonable time for abatement, which may include time for accomplishment of interim steps; and

(d) A reasonable description of the portion of the coal exploration or coal mining and reclamation operation to which it applies.

(3) An authorized representative of the chief may extend the time set for the abatement or for accomplishment of an interim step, if the failure to meet the time previously set was not caused by lack of diligence on the part of the person to whom it was issued. The total time for abatement under a notice of violation, including all extensions, shall not exceed ninety days from the date of issuance, except upon a showing by the permittee that it is not feasible to abate the violation within ninety calendar days due to one or more of the circumstances listed in paragraph (B)(3) of this rule. An extended abatement date pursuant to this rule shall not be granted when the permittee's failure to abate within ninety days has been caused by lack of diligence or intentional delay by the permittee in completing the remedial action required. Circumstances which may qualify a coal mining operation for an abatement period of more than ninety days are:

(a) When a permittee has applied in a timely manner for, and diligently pursued, a permit renewal or other necessary approval of designs or plans but such renewal or approval has not been issued within ninety days after the permittee's valid permit expires for reasons not within the control of the permittee;

(b) When there is a valid judicial order precluding abatement within ninety days as to which the permittee has diligently pursued all rights of appeal and as to which he or she has no other effective legal remedy;

(c) When the permittee cannot abate within ninety days due to a labor strike;

(d) When climatic conditions preclude abatement within ninety days or when, due to climatic conditions, abatement within ninety days clearly would cause more environmental harm than it would prevent; or

(e) When abatement within ninety days requires action that would violate safety standards established by statute or regulation under the Mine Safety and Health Act of 1977, 30 U.S.C. 801 to 965, as amended.

(4) Whenever an abatement time in excess of ninety days is granted, interim abatement measures shall be imposed to the extent necessary to minimize harm to the public or the environment.

(5) If any of the conditions in paragraph (B)(3) of this rule exist, the permittee may request the authorized representative to grant an abatement period exceeding ninety days. The authorized representative shall not grant or deny such an abatement period without the concurrence of the chief and the abatement period granted shall not exceed the shortest possible time necessary to abate the violation. The permittee shall have the burden of establishing by clear and convincing proof that he or she is entitled to an extension under the provisions of paragraph (B)(3) of this rule. In determining whether or not to grant an abatement period exceeding ninety days, the authorized representative may consider any relevant written or oral information from the permittee or any other source. The authorized representative shall promptly and fully document in the file his or her reasons for granting or denying the request. The authorized representative's immediate supervisor shall review this document before concurring in or disapproving the extended abatement date and shall promptly and fully document the reasons for his or her concurrence or disapproval in the file.

(6) Any determination made under paragraph (B)(5) of this rule shall be in writing and shall contain a right of appeal to the reclamation commission.

(7) No extension granted under paragraph (B)(5) of this rule may exceed ninety days in length. If the condition or circumstance which prevented abatement within ninety days exists at the expiration of any such extension, the permittee may request a further extension in accordance with the procedures of paragraph (B)(5) of this rule.

(8) If the person to whom the notice was issued fails to meet any time set for abatement or for accomplishment of an interim step, the authorized representative shall issue a cessation order under paragraph (A) of this rule.

(9) An authorized representative of the chief shall terminate a notice of violation by written notice to the person to whom it was issued, when he or she determines that all violations listed in the notice of violation have been abated. Termination shall not affect the right of the chief to assess civil penalties for those violations under rule 1501:13-14-03 of the Administrative Code.

(C) Show cause orders.

(1) If the chief determines that, for any permit, there exists or has existed a pattern of violations of any requirements of Chapter 1513. of the Revised Code, these rules, or any permit condition, and that the violations were caused by the permittee willfully or through unwarranted failure to comply with those requirements or conditions, then the chief shall issue an order to the permittee requiring him or her to show cause why his or her permit and right to mine should not be suspended or revoked. Violations by any person conducting coal mining operations on behalf of the permittee shall be attributed to the permittee, unless the permittee establishes that they were acts of deliberate sabotage.

(2) The chief shall determine that a pattern of violations exists, if he or she finds that there were violations of the same or related requirements of Chapter 1513. of the Revised Code, these rules, or the permit during three or more inspections of the permit area within any twelve-month period.

(3) The chief may determine that a pattern of violations exists or has existed, based on two or more inspections of the permit area within any twelve-month period, after considering the circumstances, including:

(a) The number of violations, cited on more than one occasion, of the same or related requirements of Chapter 1513. of the Revised Code, these rules, or the permit;

(b) The number of violations, cited on more than one occasion, of different requirements of Chapter 1513. of the Revised Code, these rules, or the permit; and

(c) The extent to which the violations were isolated departures from lawful conduct.

(4) A show cause order shall set forth in the order itself or in attachments to the order:

(a) A list of the unwarranted or willful violations which contribute to a pattern of violations;

(b) A copy of each order or notice which contains one or more of the violations listed as contributing to a pattern of violations;

(c) A brief statement indicating the basis for determining that the violations were caused by the permittee willfully or through unwarranted failure to comply;

(d) The chief's intent to either revoke or suspend the permit, including the length and terms of a suspension; and

(e) A statement advising the permittee that if he or she wishes a show cause hearing, he or she must, within thirty days from receipt of the show cause order, file an answer to the show cause order and request a hearing.

(5) The permittee's answer to a show cause order shall contain a statement setting forth:

(a) The reasons in detail why a pattern of violations does not exist or has not existed including all the reasons for contesting:

(i) The fact of any of the violations alleged by the chief as constituting a pattern of violations;

(ii) The willfulness of such violations; or

(iii) Whether such violations were caused by the unwarranted failure of the permittee;

(b) All mitigating factors the permittee believes exist in determining the terms of the revocation or the length of terms of the suspension; and

(c) Any other alleged relevant facts.

(6) If the permittee files an answer to the show cause order and requests a show cause hearing, the chief shall give thirty days written notice of the date, time and place of the hearing to all interested parties. The chief shall publish notice of the hearing, if practicable, in a newspaper of general circulation in the area of the coal mining and reclamation operations, and shall post it at the division of mineral resources management district office closest to the coal mining and reclamation operations.

(7) If the permittee files an answer and requests a hearing, the chief or his or her representative shall hold a show cause hearing, which shall be a public adjudicatory hearing of record. The permittee issued the order to show cause shall appear at the hearing. The chief or his or her representative may accept oral or written statements and any other relevant information. An electronic or stenographic record shall be made of the hearing. The record shall be maintained and shall be accessible to the parties of the hearing until final release of the permittee's performance security required by Chapter 1513. of the Revised Code and rules adopted thereunder.

(8) In a show cause hearing, the chief shall have the burden of going forward to establish a prima facie case for suspension or revocation of the permit. The ultimate burden of persuasion that the permit should not be suspended or revoked shall rest with the permittee.

(9) Within sixty days following the show cause hearing:

(a) The chief shall issue a written determination as to whether a pattern of violations exists and, if appropriate, an order for the suspension or revocation of the permit.

(i) In making a determination that a pattern of violations exists, the chief need not find that all the violations listed in the show cause order occurred, but only that sufficient violations occurred to establish a pattern;

(ii) If the permit is suspended, the minimum suspension period shall be three working days unless the chief finds that imposition of the minimum suspension period would result in manifest injustice and would not further the purposes of Chapter 1513. of the Revised Code; and

(b) The chief shall furnish the permittee and all other parties of the hearing with the written determination, which shall state the reasons for this determination issued pursuant to paragraph (C)(9)(a) of this rule.

(10) Whenever the chief orders the revocation or suspension of the permit in the determination issued pursuant to paragraph (C)(9)(a) of this rule, the permittee shall immediately cease coal mining operations on the permit area and shall:

(a) If the permit and the right to mine are revoked, complete reclamation within the time specified in the order or the chief shall declare as forfeited the performance security for the operation; or

(b) If the permit and right to mine are suspended, complete all affirmative obligations to abate all conditions, practices or violations, as specified in the order.

(D) Service of notices and orders.

(1) Any notice or order shall be served on the person to whom it is directed or his or her designated agent promptly after issuance, as follows:

(a) By tendering a copy at the coal exploration or coal mining and reclamation operation to the person to whom it is directed or to the designated agent, or to the individual who, based upon reasonable inquiry by the chief's authorized representative, appears to be in charge of the coal exploration or coal mining and reclamation operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. In the event a notice or order is tendered to anyone other than to whom it is directed or his or her designated agent, service shall also be made by certified mail. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept; or

(b) As an alternative to paragraph (D)(1)(a) of this rule, service may be made by sending a copy of the notice or order by certified mail to the address shown as current on the permit in accordance with paragraph (B)(1)(a) of rule 1501:13-4-03 of the Administrative Code or by hand to the person to whom it is issued or his or her designated agent. Service shall be complete upon tender of the notice or order of the mail and shall not be deemed incomplete because of refusal to accept.

(c) In the event that attempts to deliver the notice or order by hand or by certified mail are unsuccessful, service of the notice or order may be made by first class mail to the most current address on file with the division of mineral resources management.

(2) Designation by any person of an agent for service of notices and orders shall be made in writing to the division of mineral resources management.

(E) Expiration of order of cessation.

(1) Except as provided in paragraph (E)(2) of this rule, a notice of violation or order which requires cessation of mining shall expire within thirty days after it is served unless a hearing has been held pursuant to section 1513.13 of the Revised Code within that time.

(2) A notice of violation or cessation order shall not expire as provided in paragraph (E)(1) of this rule, if the condition, practice, or violation in question has not been abated or if the hearing has been waived by the person to whom the notice or order was issued.

(F) Review of citations.

(1) A person issued a notice of violation or cessation order under this rule, or a person having an interest which is or may be adversely affected by the issuance, modification, vacation, or termination of a notice or order may request review of that action by filing an application for review and request for hearing under section 1513.13 of the Revised Code within thirty days after receiving notice of the action. Such person may also request temporary relief under division (C) of section 1513.13 of the Revised Code.

(2) The filing of an application for review and request for a hearing under paragraph (F) of this rule shall not operate as a stay of any notice or order, or of any modification, termination or vacation of either.

(G) Lack of information. No notice of violation, cessation order, show cause order, or order revoking or suspending a permit may be vacated because it is subsequently determined that the chief did not have information sufficient, under these rules, to justify an inspection.

(H) Inability to comply.

(1) No cessation order or notice of violation issued under these rules may be vacated because of inability to comply.

(2) Inability to comply may not be considered in determining whether a pattern of violations exists pursuant to paragraph (C) of this rule.

(3) Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under rule 1501:13-14-03 of the Administrative Code and of the duration of the suspension of a permit under paragraph (C) of this rule.

(I) Injunctive relief. The chief may request the attorney general of the state of Ohio to institute a civil action for relief, including a permanent or temporary injunction, restraining order or any other order in the court of common pleas for the county in which the coal exploration or coal mining and reclamation operation is located or in which the person to whom the notice of violation or order has been issued has his or her principal office whenever that person or his or her agent, in violation of Chapter 1513. of the Revised Code or rules adopted thereunder, or any condition of a coal exploration permit or a coal mining and reclamation permit:

(1) Violates or fails or refuses to comply with any order or decision of the chief or any authorized representative of the chief under Chapter 1513. of the Revised Code or rules adopted thereunder;

(2) Interferes with, hinders or delays the chief or an authorized representative in carrying out the provisions of Chapter 1513. of the Revised Code or rules adopted thereunder;

(3) Refuses to admit an authorized representative of the chief to a mine;

(4) Refuses to permit inspection of a mine by an authorized representative of the chief;

(5) Refuses to furnish any required information or report;

(6) Refuses to permit access to or copying of any required records; or

(7) Refuses to permit inspection of monitoring equipment.

(J) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-06

(A) Definitions. For the purposes of this rule:

(1) "Violation" means a violation of any requirement of Chapter 1513. of the Revised Code, rules adopted thereunder, or of any permit condition.

(2) "Failure or refusal" means a failure or refusal to comply with any notice of violation or order of the chief issued under Chapter 1513. of the Revised Code, except that non-payment of civil penalties assessed against a corporate permittee or non-compliance with any order issued by the chief under section 1513.39 of the Revised Code does not constitute a failure or refusal.

(3) "Willfully" means that an individual acted:

(a) Either intentionally, voluntarily or consciously; and

(b) With intentional disregard or plain indifference to legal requirements in authorizing, ordering or carrying out a corporate permittee's action or omission that constituted a violation, failure or refusal.

(B) Except as provided in paragraph (C) of this rule, the chief may assess an individual civil penalty against any corporate director, officer or agent of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violation, failure or refusal.

(C) The chief shall not assess an individual civil penalty in situations resulting from a permit violation by a corporate permittee until a cessation order has been issued by the chief to the corporate permittee for the violation, and the cessation order has remained unabated for thirty days.

(D) Amount of the individual civil penalty.

(1) In determining the amount of an individual civil penalty assessed under paragraph (B) or (C) of this rule, the chief shall consider the criteria specified in division (E)(1) of section 1513.02 of the Revised Code, including:

(a) The individual's history of authorizing, ordering or carrying out previous violations, failures or refusals at the particular coal mining operation;

(b) The seriousness of the violation, failure or refusal, including any irreparable harm to the environment and any hazard to the health or safety of the public; and

(c) The demonstrated good faith of the individual charged in attempting to achieve rapid compliance after receipt of the notice of the violation, failure or refusal.

(2) The penalty shall not exceed five thousand dollars for each violation. Each day of a continuing violation may be deemed a separate violation and the chief may assess a separate individual civil penalty for each day the violation continues, from the date of service of the underlying notice of violation, cessation order or other order incorporating a final decision of the chief, until abatement or compliance is achieved.

(E) Procedure for assessment of the individual civil penalty.

(1) For every imminent harm cessation order or failure-to-abate cessation order issued by the chief in accordance with paragraph (A)(1) or paragraph (A)(3) of rule 1501:13-14-02 of the Administrative Code, the chief shall immediately serve on each individual to be assessed an individual civil penalty, a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order.

(2) The notice of proposed individual civil penalty assessment shall become a final order of the chief thirty days after service upon the individual unless:

(a) The individual files, within thirty days of service of this notice of proposed individual civil penalty assessment, a notice of appeal to the reclamation commission in accordance with section 1513.13 of the Revised Code; or

(b) The chief and the individual or responsible corporate permittee agree, within thirty days of service of the notice of proposed individual civil penalty assessment, to a schedule or plan for the abatement or correction of the violation, failure or refusal.

(3) For purposes of paragraphs (E)(1) to (E)(2)(b) of this rule, service is sufficient if it would satisfy the requirements of paragraph (D) of rule 1501:13-14-02 of the Administrative Code.

(F) If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for review or abatement agreement, the penalty shall be due upon issuance of the final order.

(G) If an individual named in a notice of proposed individual civil penalty assessment files a notice of appeal in accordance with section 1513.13 of the Revised Code, the penalty shall be due upon issuance of a final administrative order affirming, increasing or decreasing the proposed penalty.

(H) Where the chief and the corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated notice of violation or cessation order, an individual named in a notice of proposed individual penalty assessment may postpone payment until receiving either a final order from the chief stating that the penalty is due on the date of such final order, or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn.

(I) Following the expiration of forty-five days after the individual civil penalty is payable, any delinquent penalty shall be certified to the attorney general for collection.

History

• Effective: December 30, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-16

The purpose of this rule is to establish exemption criteria so that legitimate operators of industrial minerals mining operations regulated under Chapter 1514. of the Revised Code may extract coal which they encounter incidentally while recovering other minerals, without being subject to the permitting and performance standards of Chapter 1513. of the Revised Code. Continued qualification for the exemption from the requirements of Chapter 1513. of the Revised Code shall depend upon annual demonstration of maintenance of the required ratios between cumulative coal production and revenues and cumulative mineral production and revenues. Each pit or excavation site contained in a single surface mining permit may be included in a single exemption, but must individually comply with all of the requirements of this rule.

(A)

(1) This rule shall apply to the extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent of the total tonnage of coal and other minerals removed for purposes of commercial use or sale.

(2) Any person who plans to commence or continue coal extraction after the effective date of this rule in reliance on the incidental mining exemption shall file a complete request for exemption with the chief for each mining area. A person shall not commence coal extraction based upon the exemption until the chief approves such request, except as provided in paragraph (E)(3) of this rule.

(B) Definitions.

(1) "Cumulative measurement period" means the period of time over which both cumulative production and cumulative revenue are measured. The cumulative measurement period shall be considered to have begun:

(a) For mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or other minerals commenced at that mining area or August 3, 1977; or

(b) For mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date extraction of coal or other minerals commenced at that mining area, whichever is earlier.

(2) "Cumulative production" means the total tonnage of coal or other minerals extracted from a mining area during the cumulative measurement period. Coal extracted and stockpiled may be excluded from cumulative production, and other minerals extracted and stockpiled may be included in cumulative production, if the requirements of paragraph (I) of this rule are met.

(3) "Cumulative revenue" means the total revenue derived from the sale of coal or other minerals and the fair market value of coal or other minerals transferred or used, but not sold, during the cumulative measurement period.

(4) "Mining area" means an individual excavation site or pit from which coal, other minerals and overburden are removed.

(5) "Other minerals" means any commercially valuable substance mined for its mineral value, excluding coal, topsoil, waste and fill material, or any material mined and used on-site in the construction of waste disposal facilities

(C) Application requirements and procedures.

(1) Existing operations. Any person who has commenced coal extraction at a mining area in reliance upon the incidental mining exemption prior to the effective date of this rule may continue mining operations for sixty days after such effective date. Coal extraction shall not continue after such sixty-day period unless that person files an administratively complete request for exemption with the chief. If a complete request is filed within sixty days, the person may continue extracting coal in reliance on the exemption beyond the sixty-day period until the chief makes an administrative decision on such request.

(2) Additional information. The chief shall notify the person seeking exemption if the request for exemption is incomplete and may at any time require submittal of additional information.

(3) Public comment period. Written comments regarding or objections to a request for exemption may be submitted to the chief by any person having an interest which is or may be adversely affected by a decision on the request for exemption within thirty days after the publication of the newspaper notice required by paragraph (D)(9) of this rule.

(D) Contents of request for exemption. A request for exemption shall include at a minimum:

(1) The name and address of the person seeking exemption;

(2) A list of the minerals sought to be extracted;

(3) Estimates of annual production of coal and the other minerals within each mining area over the anticipated life of the mining operation;

(4) Estimated annual revenues to be derived from bona fide sales of coal and other minerals to be extracted within the mining area;

(5) Where coal or the other minerals are to be used rather than sold, estimated annual fair market values at the time of projected use of the coal and other minerals to be extracted from the mining area;

(6) The basis for all annual production, revenue, and fair market value estimates;

(7) A description, including county, township if any, and boundaries of the land, of sufficient certainty that the mining areas may be located and distinguished from other mining areas;

(8) An estimate to the nearest acre of the number of acres that will compose the mining area over the anticipated life of the mining operation;

(9) Evidence of one-time publication, in a newspaper of general circulation in the county of the mining area, of a public notice that a request for exemption has been filed with the chief. The public notice must identify the person claiming the exemption, must contain a description of the proposed operation and its locality that is sufficient for interested persons to identify the operation, and must specify that comments may be submitted within thirty days to the "Division of Mineral Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229";

(10) Representative stratigraphic cross-section(s) based on test borings or on other information identifying and showing the relative position, approximate thickness and density of the coal and each other mineral to be extracted for commercial use or sale and the relative position and thickness of the innerburden and overburden;

(11) A map of appropriate scale which clearly identifies the mining area;

(12) A general description of mining and mineral processing activities for the mining area;

(13) A summary of sales commitments and agreements for future delivery, if any, which the person seeking exemption has received for other minerals to be extracted from the mining area, or a description of potential markets for such minerals;

(14) If the other minerals are to be commercially used by the person seeking exemption, a description specifying the use;

(15) For operations having extracted coal or other minerals prior to filing a request for exemption, in addition to the information required above, the following information must also be submitted:

(a) Any relevant documents the operator has received from the chief documenting its exemption from the requirements of the Chapter 1513. of the Revised Code;

(b) The cumulative production of the coal and the cumulative production of other minerals from the mining area; and

(c) Estimated tonnages of stockpiled coal and other minerals; and

(16) Any other information pertinent to the qualification of the operation as exempt.

(E) Exemption determination.

(1) No later than ninety days after filing of a complete request for exemption, the chief shall make a written determination whether, and under what conditions, the person claiming the exemption is exempt under this rule, and shall notify the person seeking exemption and persons submitting comments on the request for exemption of the determination and the basis for the determination.

(2) The determination of exemption shall be based upon information contained in the request for exemption and any other information available to the chief at that time.

(3) If the chief fails to provide a person seeking exemption with the determination as specified in paragraph (E)(1) of this rule, such a person who has not begun may commence coal extraction pending a determination on the request for exemption unless the chief issues an interim finding, together with reasons therefor, that the person shall not begin coal extraction.

(F) Administrative review.

(1) Any person adversely affected by a determination made pursuant to paragraph (E) of this rule may request administrative review within thirty days of the notification of such determination in accordance with section 1513.13 of the Revised Code.

(2) A notice of appeal filed under section 1513.13 of the Revised Code shall not suspend the effect of a determination under paragraph (E) of this rule.

(G) Requirements for exemption.

(1) Activities are exempt from the requirements of Chapter 1513. of the Revised Code if all of the following are satisfied:

(a) The cumulative production of coal extracted from the mining area and calculated annually does not exceed sixteen and two thirds percent of the total combined cumulative production of coal and other minerals removed during the cumulative measurement period for purposes of bona fide sale or reasonable commercial use;

(b) Coal is produced from a geological stratum lying above or immediately below the deepest stratum from which other minerals are extracted for purposes of bona fide sale or reasonable commercial use. For the purposes of this paragraph, the term immediately below means that the coal to be mined shall be located not more than three feet below the lowest other mineral to be mined;

(c) The cumulative revenue derived from the coal extracted from the mining area and calculated annually shall not exceed fifty percent of the total combined cumulative revenue derived from the coal and other minerals removed for purposes of bona fide sale or reasonable commercial use. If the coal extracted or the minerals removed are used by the operator or transferred to a related entity for use instead of being sold in a bona fide sale, then the fair market value of the coal or other minerals shall be calculated at the time of use or transfer and shall be used to calculate cumulative revenue;

(d) Other minerals mined in a mining area but not in the stratigraphic column of coal removed shall not be used to calculate cumulative production under paragraph (G)(1)(a) of this rule or cumulative revenue under paragraph (G)(1)(c) of this rule; and

(e) Augering of coal is not used as a mining method, except for permits issued prior to February 29, 1988, that had approved mining plans that allowed the augering of coal.

(2) A person seeking or that has obtained an exemption from the requirements of Chapter 1513. of the Revised Code shall comply with the following:

(a) Each mineral other than coal upon which an exemption under this rule is based must be a commercially valuable mineral for which a market exists or which is mined in bona fide anticipation that a market will exist for the mineral in the reasonably foreseeable future, not to exceed twelve months from the end of the current period for which cumulative production is calculated. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate the above standard.

The initial request for exemption may be approved by the chief conditioned upon receipt, prior to the commencement of mining, of a legally binding agreement for the future sale of other minerals.

(b) If either coal or other minerals are transferred or sold by the operator to a related entity for its use or sale, the transaction must be made for legitimate business purposes.

(H) Conditions of exemption. A person extracting coal in accordance with this rule shall:

(1) Maintain on-site or at other locations available to authorized representatives of the chief and of the U.S. secretary of the interior information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the request for exemption and exemption approved by the chief;

(2) Notify the chief upon the completion of the mining operation or permanent cessation of all coal extraction activities; and

(3) Conduct operations in accordance with the approved request for exemption or, when authorized to extract coal under paragraph (C)(1) or (E)(3) of this rule prior to submittal or approval of request for exemption, in accordance with the standards of this rule.

(I) Stockpiling of minerals.

(1) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity, or use:

(a) Up to an amount equaling a twelve-month supply of the coal required for future sale, transfer or use as calculated based upon the average annual sales, transfer and use from the mining area over the two preceding years; or

(b) For a mining area where coal has been extracted for a period of less than two years, up to an amount that would represent a twelve-month supply of the coal required for future sales, transfer or use as calculated based on the average amount of coal sold, transferred or used each month.

(2) Minerals other than coal.

(a) The chief shall disallow all or part of an operator's tonnages of stockpiled other minerals for purposes of meeting the requirements of this rule if:

(i) The operator fails to maintain adequate and verifiable records of:

(a) The mining area of origin; or

(b) The disposition of stockpiles; or;

(ii) The disposition of the stockpiles indicates the lack of commercial use or market for the minerals.

(b) The chief may only allow an operator to utilize tonnages of stockpiled other minerals for purposes of meeting the requirements of this rule if:

(i) The stockpiling is necessary to meet market conditions or is consistent with generally accepted industry practices; and

(ii) Except as provided in paragraph (I)(2)(c) of this rule, the stockpiled other minerals do not exceed a twelve-month supply of the mineral required for future sales as relied upon by the chief in the approved request for exemption.

(c) The chief may allow an operator to utilize tonnages of stockpiled other minerals beyond the twelve-month limit established in paragraph (I)(2)(b) of this rule if the operator can demonstrate to the chief's satisfaction that the additional tonnage is required to meet future business obligations of the operator, such as may be demonstrated by a legally binding agreement for future delivery of the minerals.

(d) The chief may periodically revise the other mineral stockpile tonnage limits in accordance with the criteria established by paragraphs (I)(2)(b) and (I)(2)(c) of this rule based on additional information available to the chief.

(J) Public availability of information.

(1) Except as provided in paragraph (J)(2) of this rule, all information submitted to the chief under this rule shall be made available in accordance with section 149.43 of the Revised Code for public inspection and copying at the district office nearest the mining operation claiming exemption until at least three years after expiration of the period during which the subject mining area is active.

(2)

(a) The chief may keep information submitted under this rule confidential if:

(i) The person submitting it requests in writing, at the time of submission, that it be kept confidential; and

(ii) The information concerns trade secrets or is privileged commercial or financial information relating to the competitive rights of the person intending to conduct operations under this rule.

(b) Information requested to be held as confidential under paragraph (J)(2)(a) of this rule shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.

(K) Reporting requirements.

(1) Following approval by the chief of an exemption for a mining area, the person receiving the exemption shall, for each mining area, file a written report annually with the chief, on a form provided by the chief, containing the information specified in paragraph (K)(4) of this rule.

(2) For purposes of the report, the cumulative measurement period defined in paragraph (B)(1) of this rule shall end on the anniversary of the date of issuance of the surface mining permit required under Chapter 1514. of the Revised Code. The report shall be filed no later than thirty days after each anniversary date of issuance of the surface mining permit.

(3) The information in the report shall cover:

(a) Annual production of coal and other minerals and annual revenue derived from coal and other minerals during the preceding twelve-month period; and

(b) The cumulative production of coal and other minerals and the cumulative revenue derived from coal and other minerals.

(4) The report shall specify for each mining area, over both the preceding twelve-month period and the cumulative measurement period:

(a) The number of tons of extracted coal sold in bona fide sales and total revenue derived from such sales;

(b) The number of tons of coal extracted and used by the operator or transferred to or used by a related entity and the estimated total fair market value of such coal;

(c) The number of tons of coal stockpiled;

(d) The number of tons of other commercially valuable minerals extracted and sold in bona fide sales and total revenue derived from such sales;

(e) The number of tons of other commercially valuable minerals extracted and used by the operator or transferred to or used by a related entity and the estimated total fair market value of such minerals; and

(f) The number of tons of other commercially valuable minerals extracted and stockpiled by the operator.

(5) The report shall include projections for each mining area of the anticipated production of coal and of other minerals in the upcoming twelve-month period.

(6) The report shall be accompanied by documentation that a market will exist in the upcoming twelve-month period for each mineral other than coal on which the exemption is based. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate this standard.

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-03

(A) The chief shall review each notice of violation and cessation order in accordance with the assessment procedures described in this rule to determine whether a civil penalty shall be assessed, the amount of the penalty, and whether each day of a continuing violation will be deemed a separate violation for purposes of the total penalty assessed.

(B) The chief shall assess a penalty for each cessation order. In all other instances, the chief shall consider the factors listed in paragraph (C) of this rule in determining whether to assess a penalty.

(C) In determining the amount of the penalty, the chief shall consider:

(1) The permittee's history of previous violations at the particular coal mining operation;

(2) The seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public;

(3) Whether the permittee was negligent;

(a) "Negligence" means the failure of a permittee to prevent the occurrence of any violation of the conditions of the permit or Chapter 1513. of the Revised Code or rules adopted thereunder due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of the permit or the law due to indifference, lack of diligence, or lack of reasonable care;

(b) A "greater degree of fault than negligence" means reckless, knowing, or intentional conduct; and

(4) The demonstrated good faith of the permittee to whom the notice or order was issued in attempting to achieve rapid compliance after notification of the violation;

(a) "Rapid compliance" means that the person to whom the notice or order was issued took extraordinary measures to abate the violation in the shortest possible time and that abatement was achieved before the time set for abatement;

(b) "Normal compliance" means the person to whom the notice or order was issued abated the violation within the time given for abatement;

(c) If consideration of this criterion is impractical because of the length of the abatement period, the assessment may be made without considering this criterion and may be reassessed after the violation has been abated.

(D) Assessment of separate violations for each day.

(1) The chief may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the chief shall consider the factors listed in paragraph (C) of this rule and may consider the extent to which the person to whom the notice or order was issued gained any economic benefit as a result of a failure to comply.

(2) In addition to the civil penalty provided for in paragraph (D)(1) of this rule and pursuant to section 1513.02 of the Revised Code, whenever a violation contained in a notice of violation, cessation order or other order has not been abated within the abatement period in the order, a civil penalty of not less than seven hundred fifty dollars shall be assessed for each day during which such failure continues, provided that such penalty for the failure to abate a violation shall not be assessed for more than thirty days for each such violation. If the permittee has not abated the violation within the thirty-day period, the chief shall within the next thirty days take appropriate action pursuant to section 1513.17 or 1513.40 of the Revised Code, or division (D)(3) of section 1513.02 of the Revised Code, or division (A) of section 1513.15 of the Revised Code, to ensure that abatement occurs or to ensure that there will not be a reoccurrence of the failure to abate. If the person to whom the notice or order was issued initiates review proceedings with respect to the violation, the abatement period shall be extended as follows:

(a) If the chairman of the reclamation commission determines, in a temporary relief proceeding held under section 1513.13 of the Revised Code, that the person to whom the notice or order was issued will suffer irreparable loss or damage from the application of the requirements, the period permitted for abatement shall not end until the date on which the chairman of the reclamation commission issues a final order with respect to the violation in question; and

(b) If the person to whom the notice or order was issued initiates review proceedings under section 1513.14 of the Revised Code with respect to the violation in which the obligations to abate are stayed by the court, the daily assessment of a penalty shall not be made for any period before entry of a final order by the court.

(E) Procedures for assessment of civil penalties.

(1) The chief shall, within thirty days of the issuance of the notice or order, serve a copy of the proposed assessment, by certified mail or other method able to track receipt of delivery, on the person to whom the notice of violation or order was issued at the address specified in the sign required under paragraph (B) of rule 1501:13-9-01 of the Administrative Code, or at any address at which the person is in fact located. Service shall be deemed complete when the certified mail service requirements of paragraph (D)(1)(b) of rule 1501:13-14-02 of the Administrative Code are met.

(2) The recipient of the proposed assessment shall be advised of the right to an informal assessment conference under this rule.

(3) Within fifteen days of service of a notice of violation or order, the person to whom it was issued may submit written information about the violation to the chief and to the inspector who issued the notice of violation or cessation order. The chief shall consider any information so submitted in determining the facts surrounding the violation and the amount of the penalty.

(F) Informal assessment conference.

(1) Within fifteen days from the date upon which a proposed assessment is served, the person to whom the proposed assessment was issued may submit a written request to the chief for an informal assessment conference to contest the amount of the penalty. The informal assessment conference shall constitute the public hearing required by division (E)(2) of section 1513.02 of the Revised Code. A person who does not submit a timely request for an informal assessment conference shall be considered to have waived the opportunity for a conference. A timely request for an informal assessment conference under this rule shall toll the time permitted for appeal of the proposed assessment to the reclamation commission pursuant to section 1513.13 of the Revised Code.

(2) The chief shall appoint a conference officer to conduct the informal assessment conference. The conference officer shall be a person other than the inspector who issued the notice of violation upon which the penalty is based.

(3) The assessment conference shall not be governed by Chapter 119. of the Revised Code regarding the requirements for formal adjudicatory hearings.

(4) The assessment conference shall be held within sixty days after receipt of the written request required by paragraph (F)(1) of this rule. A failure by the chief to hold the assessment conference within the prescribed time limit shall not be grounds for rescission or reduction of all or a part of the proposed assessment unless the person against whom the proposed penalty is assessed makes a timely written objection to the delay and proves to the chief that actual prejudice results from the delay.

(5) The chief shall post notice of the date, time and place of the conference at least five days prior to the conference at the district office of the division of mineral resources management from which the underlying notice of violation was issued. Any person may attend and participate in the conference.

(6) Within thirty days after the conference, the conference officer shall issue a written notice of his or her action as a result of the conference, which notice shall be served on the persons who participated in the conference by certified mail in accordance with paragraph (D)(1)(b) of rule 1501:13-14-02 of the Administrative Code. The notice shall contain the decision of the conference officer to affirm, raise, lower or vacate the proposed assessment.

(7) The conference officer shall consider such information as is relevant to the assessment. The conference officer shall either:

(a) Settle the issues, in which case a settlement agreement shall be prepared and signed by the conference officer, chief and by the person assessed; or

(b) Affirm, raise, lower or vacate the penalty.

(8) The person served with the proposed assessment shall bear the burden of proving at the conference the existence or non-existence of any or all of the factors subject to consideration by the conference officer.

(9) The written notice of the conference officer's decision shall be accompanied by the worksheet if the proposed assessment has been raised or lowered. The reasons for the conference officer's action on the proposed assessment shall be fully documented in the appropriate file.

(10) If the conference officer increases or decreases the proposed assessment by more than twenty-five per cent and five hundred dollars, the notice of decision required by paragraph (F)(6) of this rule shall not be final unless approved by the chief or his or her designee, evidenced by the appropriate signature thereon.

(11) The conference officer may terminate the conference when he or she determines that the issues cannot be resolved, or that the person assessed is not diligently working toward a good faith resolution of the issues.

(12) If full payment of the amount specified in the settlement agreement is not received within thirty days after execution of the agreement, the chief may enforce the agreement or rescind it and proceed as if there had never been a settlement agreement.

(G) Request for hearing. Any person having an interest that is or may be adversely affected by a notice of violation, order or decision of the chief or by any modification, vacation or termination of such a notice, order or decision, except a show cause order or an order which adopts a rule, may appeal by filing a notice of appeal with the reclamation commission pursuant to section 1513.13 of the Revised Code within thirty days from receipt of the proposed assessment.

(1) At the time this appeal is filed, the person shall forward the amount of the penalty to the secretary of the reclamation commission for placement in an escrow account. Failure to forward the money to the secretary of the reclamation commission within thirty days from receipt of the proposed assessment shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.

(2) The reclamation commission shall hold all funds submitted under paragraph (G)(1) of this rule in escrow pending completion of the administrative and judicial review process, at which time it shall disburse them as provided in paragraph (I) of this rule.

(H) If, upon appeal, the reclamation commission affirms or modifies the proposed amount of the penalty, the person so assessed shall have thirty days from service of the commission's written decision, unless otherwise provided by Chapter 1513. of the Revised Code, within which to pay such amount in full, or file an appeal with the court of appeals.

(I) Final assessment and payment of penalty.

(1) If the person to whom a notice of violation or cessation order is issued fails to request a review as provided in paragraph (G) of this rule, a proposed assessment shall become a final order of the chief and the penalty assessed shall become due and payable upon expiration of the time allowed to request a hearing.

(2) If any party requests judicial review of a final order of the reclamation commission, the proposed penalty shall continue to be held in escrow until completion of the review. Otherwise, subject to paragraph (I)(3) of this rule, the escrowed funds shall be transferred to the chief in payment of the penalty, and the escrow shall end.

(3) If the final decision in the administrative and judicial review results in an order reducing or eliminating the proposed penalty assessed under this rule, the reclamation commission shall, within thirty days of receipt of the order, refund to the person assessed all or part of the escrowed amount, with interest, from the date of payment into escrow to the date of the refund.

Last updated February 14, 2022 at 9:06 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-5-01

(A) Public notices of filing of permit applications, applications for significant revisions to permits, and applications for permit renewal.

(1) After the chief determines an application for a permit, for a significant revision to a permit, or for a permit renewal to be complete, the applicant shall place an advertisement in a local newspaper of general circulation in the locality of the proposed coal mining and reclamation operations at least once a week for four consecutive weeks. The advertisement shall contain, at a minimum, the following information:

(a) The name and business address of the applicant;

(b) A description which shall:

(i) Clearly describe towns, rivers, streams, or other bodies of water, local landmarks, and any other information, including routes, streets, or roads and accurate distance measurements, necessary to allow local residents to readily identify the proposed permit area;

(ii) Clearly describe the exact location and boundaries of the proposed permit area; and

(iii) State the name of the U.S. geological survey 7.5 minute quadrangle map(s) which contains the area described;

(c) The location where a copy of the application is available for public inspection under paragraph (A)(4) of this rule;

(d) The address of the "Division of Mineral Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229" to which written comments, objections, or requests for informal conferences on the application may be submitted under paragraph (B) of this rule and rule 1501:13-14-05 of the Administrative Code;

(e) If the application includes a road permit, approved by the road authority, to conduct coal mining operations within one hundred feet of the outside right-of-way of a public road or to relocate or close a public road, a concise statement describing the public road, the particular part to be relocated, where the relocation is to occur, and the approximate timing and duration of the relocation or closing;

(f) If the application includes a request for an experimental practice under rule 1501:13-4-12 of the Administrative Code, a statement indicating that an experimental practice is requested and identifying the rule of the Administrative Code for which a variance is requested; and

(g) If the application includes a request for restoration off the permit area by means of mitigation pursuant to rule 1501:13-13-08 of the Administrative Code, a statement indicating that such restoration is requested.

(2) Upon receipt of a complete application for a permit, for a significant revision to a permit or for a permit renewal, the chief shall issue written notification of:

(a) The applicant's intention to conduct coal mining and reclamation operations at a particularly described tract of land;

(b) The application or permit number;

(c) Where a copy of the application may be inspected; and

(d) Where comments on the application may be submitted under paragraph (B) of this rule.

(3) The written notification described in paragraph (A)(2) of this rule shall be sent to:

(a) Federal, state, and local government agencies with jurisdiction over or an interest in the area of the proposed operations;

(b) Government planning agencies with jurisdiction to act with regard to land use, air, or water quality planning in the area of the proposed operations;

(c) Sewage and water treatment authorities and water companies, either providing sewage or water services to users in the area of the proposed operations or having water sources or collection, treatment, or distribution facilities located in these areas;

(d) The federal or state government agencies with authority to issue all other permits and licenses needed by the applicant in connection with operations proposed in the application; and

(e) The board of county commissioners, the board of township trustees, the legislative authorities of municipal corporations, private water companies, regional councils of governments, and the boards of directors of conservancy districts in each county or part of a county in which the proposed operations are located.

(4) Availability of permit applications, applications for significant revisions to permits, and applications for permit renewal.

(a) The applicant shall make a full copy of the complete application for a permit, a significant permit revision, or a permit renewal available for the public to inspect and copy. This shall be done by filing a copy of the application submitted to the chief at the division of mineral resources management district office responsible for inspection of the proposed operation, or if no such office is maintained in the county where the mining is proposed to occur, the applicant shall file a copy of the application with the county recorder of that county or at the office of the natural resources conservation service of the United States department of agriculture located in the county where the mining is proposed to occur.

(b) The applicant shall file the copy of the complete application under paragraph (A)(4)(a) of this rule by the first date of newspaper advertisement of the application. The applicant shall file any subsequent changes to the application with the public office at the same time the change is submitted to the chief.

(B) Comments and objections on permit applications, applications for significant revisions to permits and applications for permit renewal.

(1) Within thirty days of notification by the chief, as provided under paragraph (A)(3) of this rule, written comments or objections on an application for a permit, significant revision to a permit, or permit renewal may be submitted to the chief by such public entities with respect to the effects of the proposed mining operations on the environment within their area of responsibility.

(2) Written comments regarding or objections to an application for a permit, significant revision to a permit, or permit renewal may be submitted to the chief by any person having an interest which is or may be adversely affected by the decision on the application, or by an officer or head of any federal, state or local government agency or authority, within thirty days after the last publication of the newspaper notice required under paragraph (A) of this rule.

(3) The chief shall, upon receipt of such written comments or objections, transmit a copy of such written comments or objections to the applicant and file a copy for public inspection at the same public office where the application is filed.

(C) Informal conferences. Any person having an interest which is or may be adversely affected by the issuance of or significant revision to a permit, or by the renewal of a permit, or the officer or head of any federal, state or local government agency or authority may, in writing, within thirty days after the last publication of the newspaper notice required under paragraph (A) of this rule, request that the chief hold an informal conference in accordance with rule 1501:13-14-05 of the Administrative Code.

(D) Review of permit applications, applications for revisions to permits, and applications for permit renewals.

(1) Preliminary review by the chief.

(a) The chief shall review the complete application and any written comments or written objections submitted, and records of any informal conference held under rule 1501:13-14-05 of the Administrative Code.

(b) The applicant for a permit, revision to a permit, or permit renewal shall have the burden of establishing that the application is in compliance with all of the requirements of Chapter 1513. of the Revised Code and these rules.

(2) Time frames for review.

(a) If there has been no informal conference held pursuant to section 1513.071 of the Revised Code, the chief shall submit to the applicant for a permit the written finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within the time frames established in paragraph (D)(2)(b) of this rule. If there has been an informal conference held pursuant to section 1513.071 of the Revised Code, the chief shall submit to the applicant for a permit the written finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within the time frames established in paragraph (B)(3) of rule 1501:13-14-05 of the Administrative Code and paragraph (D)(2)(b) of this rule.

(b) The chief shall grant or deny a permit not later than two hundred forty business days after the submission of a complete application for the permit. Any time during which the applicant is making revisions to the application or providing additional information requested by the chief regarding an application shall not be included in the two hundred forty business days. If the chief determines that a permit cannot be granted or denied within the two-hundred-forty-business-day time frame, the chief, not later than two hundred ten business days after the submission of a complete application for the permit, shall provide the applicant with written notice of the expected delay.

(3) If the chief decides to approve the application, he or she shall require that the applicant file the performance security before the permit is issued, in accordance with the requirements of Chapter 1513. of the Revised Code and division 1501:13 of the Administrative Code.

(4) The chief shall determine, based on the list of violation notices submitted as part of the application under paragraph (C)(3) of rule 1501:13-4-03 of the Administrative Code or on available information concerning federal or state failure-to-abate cessation orders, unabated federal or state imminent harm cessation orders, delinquent civil penalties issued pursuant to rule 1501:13-14-03 of the Administrative Code or section 518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), delinquent abandoned mine reclamation fees, or forfeitures of a coal mining bond, performance security, or similar security deposited in lieu of a bond in this or any other state or with the United States where the violations upon which the forfeitures were based have not been corrected, that any coal mining operation owned or controlled by the applicant or by any person who owns or controls the applicant is not currently in violation of any law, rule, or regulation of the United States or any state law, rule or regulation enacted pursuant to federal law, rule or regulation pertaining to air or water environmental protection. If this determination cannot be made, the chief shall not issue the permit. The chief shall require the applicant, before the issuance of the permit, to either:

(a) Submit to the chief proof that the violation has been corrected or is in the process of being corrected to the satisfaction of the agency that has jurisdiction over the violation, and submit to the chief proof that any civil penalties owed to the state for a violation not the subject of an appeal have been paid; or

(b) Establish for the chief that the applicant, or any person owned or controlled by either the applicant or any person who owns or controls the applicant, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of that violation. If the administrative or judicial hearing authority affirms the violation, then any coal mining operations being conducted under a permit issued according to this paragraph shall be immediately terminated, unless and until the provisions of paragraph (D)(4)(a) of this rule are satisfied.

(5) For the purposes of paragraph (D)(4) of this rule, the chief may presume that, in the absence of a failure-to-abate cessation order, a notice of violation issued pursuant to paragraph (B) of rule 1501:13-14-02 of the Administrative Code or under any equivalent state or federal law, rule or regulation has been or is being corrected to the satisfaction of the agency with jurisdiction over the violation, except where evidence to the contrary is set forth in the permit application, or where the notice of violation is issued for nonpayment of abandoned mine reclamation fees or civil penalties.

(6) No permit shall be issued to an applicant if a determination is made by the chief that the applicant, anyone who owns or controls the applicant, or the operator specified in the application controls or has controlled mining operations with a demonstrated pattern of willful violations of Chapter 1513. of the Revised Code and these rules of a nature and duration to result in irreparable damage to the environment as to indicate an intent not to comply with or a disregard of Chapter 1513. of the Revised Code or division 1501:13 of the Administrative Code.

(7) Any permit that is issued on the basis of proof submitted under paragraph (D)(4)(a) of this rule that a violation is in the process of being corrected, or pending the outcome of an appeal described in paragraph (D)(4)(b) of this rule, shall be conditionally issued.

(8) Subsequent to the effective date of this rule, the prohibitions of paragraph (D)(4) of this rule regarding the issuance of a new permit, shall not apply to any violation that:

(a) Occurs after that date;

(b) Is unabated; and

(c) Results from an unanticipated event or condition that arises from a surface coal mining and reclamation operation on lands that are eligible for remining under a permit:

(i) Issued pursuant to paragraph (L) of rule 1501:13-4-12 of the Administrative Code; and

(ii) Held by the person making application for the new permit.

(d) For permits issued under paragraph (L) of rule 1501:13-4-12 of the Administrative Code, an event or condition shall be presumed to be unanticipated for the purposes of this paragraph if it:

(i) Arose after permit issuance;

(ii) Was related to prior mining; and

(iii) Was not identified in the permit.

(E) Criteria for approval or denial of an application. No application for a permit, significant revision to a permit, or permit renewal shall be approved unless the application affirmatively demonstrates, and the chief finds, in writing, on the basis of information set forth in the application or from information otherwise available, that is documented in the approval and made available to the applicant, that:

(1) The application is accurate and complete and that all requirements of Chapter 1513. of the Revised Code and all rules adopted thereunder have been complied with;

(2) The applicant has demonstrated that coal mining and reclamation operations, as required by Chapter 1513. of the Revised Code and all rules adopted thereunder, can be feasibly accomplished under the mining and reclamation operations plan contained in the application;

(3) The assessment of the probable cumulative hydrologic impacts of all anticipated coal mining in the general area on the hydrologic balance, as described in divisions (B)(1)(k) and (E)(2)(c) of section 1513.07 of the Revised Code, has been made by the chief and the operations proposed under the application have been designed to prevent material damage to the hydrologic balance outside the proposed permit area;

(4) The proposed permit area is:

(a) Not included within an area designated unsuitable for coal mining operations under rule 1501:13-3-07 of the Administrative Code;

(b) Not within an area under study for designation as unsuitable for coal mining operations in an administrative proceeding begun under rule 1501:13-3-07 of the Administrative Code, unless the applicant demonstrates that, before January 4, 1977, substantial legal and financial commitments were made in relation to the operation for which the applicant is applying for a permit;

(c) Not on any lands subject to the prohibitions or limitations of paragraph (A)(1), (A)(2), (A)(6), (A)(7) or (A)(8) of rule 1501:13-3-03 of the Administrative Code;

(d) Not within one hundred feet of the outside right-of-way line of any public road, except as provided for in paragraph (C) of rule 1501:13-3-04 of the Administrative Code; and

(e) Not within three hundred feet from any occupied dwelling, except as provided for in paragraph (A)(5) of rule 1501:13-3-03 or paragraph (D) of rule 1501:13-3-04 of the Administrative Code;

(5) The proposed operations will not adversely affect any publicly owned parks or places included in the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, except as provided for in paragraph (A)(3) of rule 1501:13-3-03 of the Administrative Code. The website for the "National Register of Historic Places" for Ohio sites is www.nationalregisterofhistoricplaces.com/oh/state.html;

(6) For operations involving the mining of coal where the private mineral estate to be mined has been severed from the private surface estate and surface disturbance will result from the applicant's proposed use of a surface mining method, the applicant has submitted to the chief the documentation required under paragraph (D)(3) of rule 1501:13-4-03 of the Administrative Code;

(7) The applicant has either:

(a) Submitted the proof required by paragraph (D)(4)(a) of this rule; or

(b) Made the demonstration required by paragraph (D)(4)(b) of this rule;

(8) The applicant has submitted proof, by affidavit and supporting documentation, that all reclamation fees from previous and existing operations as required by Subchapter R of Chapter VII of Title 30 of the Federal Code of Regulations have been paid;

(9) The coal mining and reclamation operations to be performed under the permit will not be inconsistent with other such operations anticipated to be performed during the same permit term in areas adjacent to the proposed permit area;

(10) The applicant will submit the performance security required under Chapter 1513. of the Revised Code and these rules prior to the issuance of the permit;

(11) The applicant has, with respect to prime farmland, obtained either a negative determination or satisfied the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code;

(12) The proposed postmining land use of the permit area has been approved by the chief in accordance with the requirements of rule 1501:13-9-17 of the Administrative Code;

(13) The chief has made all specific approvals required under division 1501:13 of the Administrative Code;

(14) The operations are not likely to jeopardize the continued existence of endangered or threatened species or are not likely to result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.);

(15) The applicant has satisfied the applicable permit requirements for special categories of mining under requirements of rule 1501:13-4-12 of the Administrative Code;

(16) The chief has taken into account the effect of the proposed permitting action on properties listed on or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (E)(5) of this rule. Some of the ways in which the chief may take into account the effect of the proposed permitting action on such historic resources include, but are not limited to:

(a) Imposing permit conditions which protect the historic resource;

(b) Requiring revision of the proposed operation plan before application approval; and

(c) Concluding in a written finding that no protection measures are necessary;

(17) The applicant has demonstrated that any existing structure will comply with the requirements of paragraph (C) of rule 1501:13-1-01 of the Administrative Code and the applicable performance standards of division 1501:13 of the Administrative Code;

(18) For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements of paragraph (L)(3) of rule 1501:13-9-14 of the Administrative Code, the site of the operation is a previously mined area as defined in rule 1501:13-1-02 of the Administrative Code; and

(19) For operations which will include remining areas under paragraph (L) of rule 1501:13-4-12 of the Administrative Code, the application includes:

(a) Lands eligible for remining;

(b) An identification of the potential environmental and safety problems related to prior mining activity which could reasonably be anticipated to occur at the site; and

(c) Mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation as required by the applicable requirements of Chapter 1513. of the Revised Code can be accomplished.

(F) Final compliance review. After an application is approved, but before the permit is issued, the chief shall reconsider his or her decision to approve the application, based on the compliance review required by paragraph (D)(4) of this rule in light of any new information submitted under paragraphs (B)(11) and (C)(5) of rule 1501:13-4-03 of the Administrative Code.

(G) Conditions of permits: general and right of entry. Each permit issued by the chief shall ensure and contain specific conditions requiring that:

(1) Except to the extent that the chief otherwise directs in the permit that specific actions be taken, the permittee shall conduct all coal mining and reclamation operations as described in the complete application;

(2) The permittee shall allow the authorized representatives of the secretary of the department of the interior, including, but not limited to, inspectors and fee compliance officers, and the chief and his or her authorized representatives, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to:

(a) Have the rights of entry provided for in paragraph (B) of rule 1501:13-14-01 of the Administrative Code; and

(b) Be accompanied by private persons for the purpose of conducting an inspection in accordance with rule 1501:13-14-01 of the Administrative Code when the inspection is in response to an alleged violation reported to the chief by the private person;

(3) The permittee shall conduct coal mining and reclamation operations only on those lands specifically designated on the maps submitted under rules 1501:13-4-04, 1501:13-4-05, 1501:13-4-07, 1501:13-4-08, 1501:13-4-08.1, 1501:13-4-13 and 1501:13-4-14 of the Administrative Code and approved for the term of the permit and which are subject to the performance security in effect pursuant to Chapter 1501:13-7 of the Administrative Code. The permit shall contain a specific condition to prohibit the commencement of coal mining operations on any land that is located within the permit area or the shadow area if the permittee has not provided to the chief documents that form the basis of the permittee's legal right to enter and conduct coal mining operations on that land;

(4) The permittee shall not operate without adequate performance security coverage in effect at all times; and

(5) Within thirty days after a cessation order is issued under rule 1501:13-14-02 of the Administrative Code or 30 C.F.R. 843.11, for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect, the permittee shall submit to the chief the following information, current to the date the cessation order was issued, or notify the chief in writing that there has been no change since the immediately preceding submittal of such information:

(a) Any new information needed to correct or update the information previously submitted to the chief by the permittee under paragraph (B)(5) of rule 1501:13-4-03 of the Administrative Code; or

(b) If not previously submitted, the information required from a permit applicant by paragraph (B)(5) of rule 1501:13-4-03 of the Administrative Code.

(H) Conditions of permits: environment, public health and safety. Each permit issued by the chief shall ensure and contain specific conditions requiring that:

(1) The permittee shall take all possible steps to minimize any adverse impacts to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including, but not limited to:

(a) Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance;

(b) Immediate implementation of measures necessary to comply; and

(c) Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance;

(2) The permittee shall dispose of solids, sludge, filter backwash, or pollutants removed in the course of treatment or control of waters or emissions to the air in the manner required by Chapter 1513. of the Revised Code and all rules adopted thereunder and which prevents violation of any other applicable state or federal law;

(3) The permittee shall conduct his or her operations:

(a) In accordance with any measures specified in the permit as necessary to prevent significant, imminent environmental harm to the health and safety of the public; and

(b) Utilizing any methods specified in the permit by the chief in approving alternative methods of compliance with the performance standards of Chapter 1513. of the Revised Code and all rules adopted thereunder;

(4) As applicable, the permittee shall comply with paragraph (C) of rule 1501:13-1-01 of the Administrative Code and with the permanent or interim program requirements of division 1501:13 of the Administrative Code for compliance, modification, or abandonment of existing structures; and

(5) The permittee shall pay all reclamation fees, as required by Subchapter R of Chapter VII of Title 30 of the Federal Code of Regulations for coal produced under the permit for sale, transfer or use.

(I) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-03

(A) Definition.

(1) For the purposes of this rule, a person "owned or controlled" or "owns or controls" a coal mining operation if, at any time:

(a) The person is the permittee of a coal mining operation;

(b) Based on instruments of legal or equitable ownership or voting securities, the person owns of record in excess of fifty per cent of an entity which conducts coal mining operations; or

(c) The person has any relationship which gives that person authority directly or indirectly to determine the manner in which an applicant, an operator, or other entity conducts coal mining operations.

(2) It will be presumed that a person "owns or controls" or "owned or controlled" a coal mining operation, unless it can be demonstrated that the person does not or did not in fact have the authority directly or indirectly to determine the manner in which the relevant coal mining operation is or was conducted if, at any time:

(a) The person is an officer or a director of an entity which conducts coal mining operations;

(b) The person is the operator of the coal mining operation;

(c) The person has the ability to commit the financial or real property assets or working resources of an entity which conducts coal mining operations;

(d) The person is a general partner in a partnership which conducts coal mining operations;

(e) Based on the instruments of legal or equitable ownership or the voting securities of a corporate entity which conducts coal mining operations, the person owns of record ten through fifty per cent of the entity; or

(f) The person owns or controls coal to be mined by another person under a lease, sublease or other contract; and

(i) Has the right to receive such coal after mining; or

(ii) Has the authority to determine the manner in which another person conducts that coal mining operation.

(B) Identification of interests.

(1) Each application shall contain the names, addresses, and telephone numbers, and either the employer identification numbers or the last four digits of the social security numbers of:

(a) The permit applicant;

(b) The operator, if the operator is a person different from the applicant; and

(c) The person who will pay the abandoned mine land reclamation fee.

(2) For a coal mining operation other than an underground mining operation, each application shall also contain the names and addresses of:

(a) Every legal or equitable owner of record of the property to be mined;

(b) The holders of record of any leasehold interest in the property to be mined; and

(c) Any purchaser of record under a real estate contract of the property to be mined.

(3) For an underground mining operation each application shall also contain the names and addresses of:

(a) Every legal or equitable owner of record of the areas to be affected by surface operations and facilities and every legal or equitable owner of record of the property to be mined;

(b) The holders of record of any leasehold interest in areas to be affected by surface operations or facilities and the holders of record of any leasehold interest in the coal to be mined; and

(c) Any purchaser of record under a real estate contract of areas to be affected by surface operations and facilities and any purchaser of record under a real estate contract of the coal to be mined.

(4) Each application shall contain a statement of whether the applicant is a corporation, partnership, single proprietorship, association or other business entity. Each application other than a single proprietorship shall contain the name, address and telephone numbers of the resident agent of the applicant who will accept service of process.

(5) For each person who owns or controls or owned or controlled the applicant according to paragraph (A) of this rule, the application shall contain the following information:

(a) The person's name and address, and either the last four digits of his or her social security number or his or her employer identification number;

(b) The person's ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure;

(c) The title of the person's position, the date that the position was assumed, and when this information is submitted under paragraph (I) of rule 1501:13-4-06 or paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code and the person is no longer employed in that position, the date of departure from the position;

(d) Each additional name and identifying number, including employer identification number or the last four digits of the social security number, and federal or state permit number and corresponding MSHA number, under which the person owns or controls, or previously owned or controlled, a coal mining and reclamation operation in the United States within the five-year period preceding the date of submission of the application; and

(e) The application number or other identifier of, and the regulatory authority for, any other pending coal mining operation permit application filed by the person in any state in the United States.

(6) If any owner, holder, purchaser, or operator identified under paragraphs (B)(1) to (B)(3) of this rule is a business entity other than a single proprietorship, the application shall contain the names and street addresses of their respective principals, officers, and resident agents.

(7) For any coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in paragraph (A) of this rule, the application shall include the operation's:

(a) Name, address, identifying numbers, including employer identification number, federal or state permit number and corresponding MSHA number, and the regulatory authority; and

(b) Ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure.

(8) Each application shall contain the names and addresses of the owners of record of all surface and subsurface areas contiguous to any part of the proposed permit area.

(9) Each application shall contain the name of the proposed mine and the MSHA identification numbers for all mine-associated structures that require MSHA approval.

(10) Each application shall contain a statement of all lands, interests in lands, options, or pending bids on interests held or made by the applicant for lands which are contiguous to the area to be covered by the permit. If requested by the applicant, any information required by this paragraph which is not on public file pursuant to Ohio law shall be held in confidence by the chief as provided under rule 1501:13-1-10 of the Administrative Code.

(11) After the applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under paragraphs (B)(1), (B)(4), (B)(5), (B)(7), and (J) of this rule.

(12) The applicant shall submit the information required by paragraphs (B) and (C) of this rule on a form prescribed by the chief.

(C) Violation information. Each application shall contain:

(1) A statement of whether the applicant or operator, or any subsidiary, affiliate, or persons controlled by or under common control with the applicant or operator has:

(a) Had a federal or state coal mining permit suspended or revoked during the five-year period preceding the date of submission of the application; or

(b) Forfeited a mining bond, performance security, or similar security deposited in lieu of bond.

(2) If any such suspension, revocation, or forfeiture has occurred, a statement of the facts involved, including:

(a) Identification number of the permit;

(b) Date of suspension, revocation, or forfeiture, and, when applicable, the amount of bond, performance security, or similar security forfeited;

(c) Identification of the regulatory authority that suspended or revoked the permit or forfeited the bond, performance security, or similar security, and the stated reasons for that action;

(d) The current status of the permit, or of the bond, performance security, or similar security involved; and

(e) The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation or forfeiture, and the current status of these proceedings.

(3) The applicant shall submit a listing of:

(a) Each violation notice, as that term is defined in rule 1501:13-1-02 of the Administrative Code, received by the applicant or operator in connection with any coal mining and reclamation operation during the three-year period preceding the date of submission of the application for violations of Chapter 1513. of the Revised Code or these rules, or of any law, rule, or regulation of the United States, or of any state law, rule, or regulation enacted pursuant to federal law, rule, or regulation, pertaining to air or water environmental protection; and

(b) All unabated violation notices received prior to the date of submission of the application incurred in connection with any coal mining and reclamation operation owned or controlled by either the applicant or the operator or by any person who owns or controls the applicant.

(4) For each violation notice reported under paragraph (C)(3)(a) or (C)(3)(b) of this rule, the application shall also contain:

(a) Any identifying numbers for the operation, including the federal or state permit number and associated MSHA number, the date of issuance and identification number of the violation notice, the name of the person to whom the violation notice was issued, and the name of the issuing regulatory authority, department, or agency;

(b) A brief description of the violation alleged in the violation notice;

(c) The date, location, and type of any administrative or judicial proceedings initiated concerning the violation notice, including, but not limited to, proceedings initiated by the applicant to obtain administrative or judicial review of the violations;

(d) The current status of the proceedings and of the violation notice;

(e) If the abatement period for a violation in a notice of violation issued under paragraph (B) of rule 1501:13-14-02 of the Administrative Code, or its equivalent for the federal or another state regulatory program, has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation; and

(f) For all violations not covered under paragraph (C)(4)(e) of this rule, the actions taken to abate or correct the violation.

(5) After the applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under paragraph (C) of this rule.

(D) Right of entry and operation information.

(1) Each application shall contain a notarized statement describing the documents upon which the applicant bases his or her legal right to enter and begin coal mining in the permit area, for surface mining operations, or in the permit and shadow areas, for underground mining operations, and whether that right is the subject of pending litigation. The notarized statement shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.

(2) Each application shall contain a notarized statement identifying the specific land for which the applicant is negotiating to acquire the legal right to enter and begin coal mining in the permit area, for surface mining operations, or in the permit and shadow areas, for underground mining operations, during the term of the permit and, when requested by the chief, signed statements from each landowner and mineral owner granting authorized representatives of the chief a right of entry to, upon, and through the areas of land upon which coal mining and reclamation operations are proposed.

(3) Where the private mineral estate to be mined has been severed from the private surface estate and surface disturbance will result from the applicant's proposed use of a surface mining method, the application shall also provide for lands within the permit area:

(a) A copy of the written consent of the surface owner to the surface disturbance that will result from the extraction of coal by the applicant's proposed surface mining method;

(b) A copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods that cause surface disturbance; or

(c) If the conveyance does not expressly grant the right to extract the coal by surface mining methods that cause disturbance, documentation that under state law, the applicant has the legal authority to extract the coal by those methods.

(4) Nothing in this rule shall be construed to afford the chief the authority to adjudicate property rights disputes.

(E) Relationship to areas designated unsuitable for mining.

(1) Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for coal mining operations under rule 1501:13-3-07 of the Administrative Code or under study for designation in an administrative proceeding under such rule.

(2) If an applicant claims the exemption provided in paragraph (B)(3) of rule 1501:13-3-05 of the Administrative Code, the application shall contain information supporting the applicant's assertion that it made substantial legal and financial commitments before January 4, 1977, concerning the proposed coal mining operations.

(3) If an applicant proposes to conduct coal mining operations within three hundred feet, measured horizontally, of an occupied dwelling, the application shall contain the waiver of the owner of the dwelling as required in paragraph (D) of rule 1501:13-3-04 of the Administrative Code.

(4) If an applicant proposes to conduct coal mining operations within one hundred feet, measured horizontally, of a public road, the application shall contain the road permit as required under paragraph (C) of rule 1501:13-3-04 of the Administrative Code.

(F) Permit term information.

(1) Each application shall state the anticipated or actual starting and termination date of each phase of the coal mining and the anticipated number of acres of land to be affected during the first year of mining and over the total life of the permit.

(2) Each application to conduct an underground mining operation shall also state the horizontal extent of proposed underground mine workings over the total life of the permit.

(3) If an applicant proposes a permit term in excess of five years, the application shall:

(a) Be complete and accurate covering the specified longer term; and

(b) Show that the proposed longer term is reasonably needed to allow the applicant to obtain financing for equipment and for the opening of the operation with the need confirmed, in writing, by the applicant's proposed source of financing.

(G) Identification of location of public office for filing of application. Each application shall identify, by name and address, the public office where the applicant will simultaneously file a copy of the application for public inspection as required by these rules.

(H) Newspaper advertisement and proof of publication. A copy of the newspaper advertisement of the application for a permit or renewal of a permit, or for revision of a permit if notice is required under paragraph (E) of rule 1501:13-4-06 of the Administrative Code, shall be filed with the chief and made a part of the complete application. A proof of publication shall be filed with the chief prior to approval of the permit application.

(I) Facilities or structures used in common.

The plans of a facility or structure that is to be shared by two or more separately permitted mining operations may be included in one permit application and referenced in the other applications. In accordance with Chapter 1501:13-7 of the Administrative Code, each permittee shall provide performance security for the facility or structure unless the permittees sharing it agree to another arrangement for assuming their respective responsibilities. If such agreement is reached, then the application shall include a copy of the agreement between or among the parties setting forth the respective performance security responsibilities of each party for the facility or structure. The agreement shall demonstrate to the satisfaction of the chief that all responsibilities under this chapter for the facility or structure will be met.

(J) Central file for identity information.

(1) The chief shall allow an applicant or permittee to meet the information submittal requirements of paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06, and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code, by submitting the required information to the chief, on a form provided by the chief, with an indication that the information in the form applies to all permits held by the applicant or permittee. The applicant or permittee shall swear or affirm, under oath and in writing, that all information provided pursuant to paragraph (J) of this rule is accurate and complete.

(2) The chief shall establish a central file to house the information submitted pursuant to paragraph (J) of this rule, rather than placing duplicate information in each application file for a permittee. The chief shall make the information in this central file available to the public upon request.

(3) Permittees shall update information in this central file according to the following:

(a) If the information already submitted to the chief under paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06 and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code is accurate and complete, the permittee shall certify to the chief, on a form provided by the chief, by swearing or affirming, under oath and in writing, that the information is accurate, complete, and up to date; or

(b) If part of the information already submitted to the chief under paragraph (B) of this rule, paragraph (I) of rule 1501:13-4-06 and paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code is missing or incorrect, the permittee shall submit to the chief, on a form provided by the chief, the necessary information or corrections and swear or affirm, under oath and in writing, that the information is accurate and complete.

Last updated June 26, 2025 at 3:22 AM

History

• Effective: November 26, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-01

(A) Requirement to file performance security.

(1) After an application for a permit to conduct coal mining and reclamation operations has been approved under these rules, the applicant shall file with the chief performance security in compliance with these rules.

(a) If the applicant provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule, the applicant shall file performance security for:

(i) The number of acres in the entire area to be permitted; or

(ii) The estimated number of acres to be affected in the first permit year in accordance with the requirements of paragraph (A)(6)(a) of this rule.

(b) If the applicant provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule, the applicant shall file performance security for:

(i) The entire area to be permitted; or

(ii) Each incremental mining unit to be affected in the first permit year in accordance with the requirements of paragraph (A)(6)(b) of this rule.

(c) Once coal extraction begins under an approved permit, a permittee providing performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule may not change to providing performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule.

(2) No person shall disturb surface acreage, either by coal mining and reclamation operations conducted on the surface of land or as a result of surface impacts incidental to an underground coal mine, prior to filing with the chief performance security covering the areas of land to be affected.

(3) Liability on the performance security shall cover all coal mining and reclamation operations to be conducted within the permit area until the end of the permittee's period of reclamation responsibility.

(4) No area affected by a coal mining and reclamation operation within a permit shall be identified with a specific performance security.

(5) Performance security shall apply to the permit area and to all revisions to the permit, including incidental boundary revisions and adjacent area permits.

(6) Providing incremental performance security. When an applicant elects to file performance security incrementally:

(a) The applicant that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule shall as part of the permit application process:

(i) Submit to the chief a written estimate of the number of acres to be affected in the first permit year; and

(ii) Before the permit is issued, file with the chief performance security for the estimated number of acres to be affected in the first permit year;

(b) The applicant that provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule shall as part of the permit application process:

(i) Submit to the chief, on the map required under paragraph (D)(3) of rule 1501:13-4-01 of the Administrative Code, the boundaries for each incremental mining unit within the proposed permit area; and

(ii) Before the permit is issued, file with the chief performance security for each incremental mining unit that will be affected in the first permit year;

(c) Thirty days before affecting more than the number of acres or incremental mining units for which performance security has been filed with the chief, the permittee shall file additional performance security for the number of additional acres to be affected in the permit year or for the next incremental mining unit or units to be affected by the mining and reclamation operation;

(d) The permittee shall within thirty days after the end of every permit year:

(i) Identify on the annual map each incremental area or incremental mining unit for the first through most recent permit year in accordance with the requirements of these rules; and

(ii) File performance bond with the chief, concurrently with the submittal of the annual map, if one of the following circumstances applies:

(a) For permits for which performance security has been filed together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule, the number of acres shown as affected and estimated to be affected on the annual map exceeds the number of acres for which performance secuirty has been provided; or

(b) For permits for which performance security has been filed without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule, the incremental mining units shown as affected and estimated to be affected on the annual map exceed the incremental mining units for which performance security has been provided;

(e) Performance security filed and not yet released for any incremental area or incremental mining unit can be forfeited, in whole or part, to perform the requirements of Chapter 1513. of the Revised Code, rules adopted thereunder, and the conditions of the permit on any area affected by the permittee pursuant to the permit;

(f) After a permit is issued, a permittee that has chosen to provide incremental performance security may elect instead to provide performance security for the entire permit area and file the entire performance security required during the term of the permit; and

(g) After a permit is issued, a permittee that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule and that has filed the entire performance security required during the term of the permit may not change to incremental performance security.

(7) A permittee that has filed performance security for the entire permit area instead of filing performance security incrementally shall identify an incremental area or incremental mining unit at the end of each permit year in the manner prescribed in paragraph (A)(6)(d)(i) of this rule and may obtain release of performance security by incremental area or by incremental mining unit, pursuant to rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code, as applicable.

(B) Estimated cost of reclamation. The chief shall determine the estimated cost of reclamation under the initial term of the permit if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the permittee.

(1) The chief shall determine the estimated cost of reclamation using:

(a) The information contained in the permit application and in the approved mining and reclamation plan, as required by the chief and submitted by the applicant under rule 1501:13-4-05 of the Administrative Code, rule 1501:13-4-14 of the Administrative Code or paragraph (I) of rule 1501:13-4-12 of the Administrative Code; and

(b) After considering the topography, geology, hydrology, and revegetation potential of the area of the approved application, the probable difficulty of reclamation.

(2) The chief shall provide the applicant a copy of the estimated cost of reclamation along with the unit costs used to support the estimated cost of reclamation.

(3) The chief shall send written notice of the amount of the estimated cost of reclamation by certified mail or other method able to track receipt of delivery to the applicant.

(C) Method of providing performance security. The applicant shall send written notice to the chief indicating the method by which the applicant will provide the performance security. The method of providing performance security shall apply to the entire permit. The applicant shall provide the performance security in an amount using one of the following:

(1) If the applicant provides performance security without reliance on the reclamation forfeiture fund created in section 1513.18 of the Revised Code, the applicant shall provide as performance security the amount of the estimated cost of reclamation as determined by the chief under paragraph (B) of this rule and in accordance with paragraphs (B) and (C) of rule 1501:13-7-02 of the Administrative Code.

(2) If the applicant provides performance security together with reliance on the reclamation forfeiture fund created in section 1513.18 of the Revised Code, the applicant shall, in addition to paying the tax on the severance of coal levied under division (A)(8) of section 5749.02 of the Revised Code, provide performance security in the amount required under paragraphs (A) and (C) of rule 1501:13-7-02 of the Administrative Code.

(a) To be eligible to provide performance security in accordance with paragraph (C)(2) of this rule, the applicant, an owner and controller of the applicant, or an affiliate of the applicant shall have held a permit issued under this chapter for any coal mining and reclamation operation for a period of not less than five years.

(b) In the event of forfeiture of performance security that was provided in accordance with paragraph (C)(2) of this rule, the difference between the amount of that performance security and the estimated cost of reclamation as determined by the chief under paragraph (B) of this rule shall be obtained from the money in the reclamation forfeiture fund created in section 1513.18 of the Revised Code as needed to complete the reclamation.

(D) Release of excess performance security.

(1) For a permittee that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule:

(a) If, upon receipt by the chief of the annual map and annual report, the number of acres affected is less than the number of acres for which performance security has been provided, the permittee may obtain a release of the excess performance security by submitting a request for release of excess performance security to the chief on a form provided by the chief; and

(b) If, upon receipt by the chief of the final map and final report, the number of acres affected is less than the number of acres for which performance security has been provided, the chief shall release the excess performance security to the permittee.

(2) For a permittee that provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of this rule, if, upon receipt of the annual map and annual report, the chief determines that the required performance security for the next year is less than the performance security that has been provided, the permittee may obtain a release of the excess performance security by submitting a request for release of excess performance security to the chief on a form provided by the chief.

(E) Responsibilities of the chief.

(1) The chief shall prescribe and furnish forms for filing performance security.

(2) The chief shall determine the estimated cost of reclamation in accordance with paragraph (B) of this rule.

(3) The chief shall adjust the amount of the estimated cost of reclamation and the amount of a permittee's performance security provided for the permit area in accordance with paragraph (E) of rule 1501:13-7-02 of the Administrative Code.

(4) The chief shall release the permittee from his performance security obligations in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code.

(5) The chief shall cause all or part of a performance security to be forfeited in accordance with rule 1501:13-7-06 of the Administrative Code.

(6) The chief shall require as a condition of the permit that adequate performance security coverage be in effect at all times.

Last updated February 14, 2022 at 9:04 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-13

(A) Timing. Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement, revegetation, and any other work necessary to fulfill the approved mining and reclamation plan, to secure each phase of performance security release in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code, and to reduce potential reclamation cost liability on all land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining operations, and in accordance with the following:

(1) Contour mining. Backfilling and rough grading shall be completed within sixty days or one thousand five hundred linear feet following coal removal, whichever occurs first;

(2) Area mining. Backfilling and rough grading shall be completed within one hundred eighty days following coal removal and shall not be more than four spoil ridges behind the pit being worked, the spoil from the active pit constituting the first ridge;

(3) Other mining method or combination of methods. The chief may approve an alternate schedule for backfilling and rough grading if the permittee or operator demonstrates that an alternate schedule from that required for contour or area mining is necessary due to the mining method utilized, provided that backfilling and rough grading shall be completed not more than one hundred eighty days following coal removal or the minimum distance necessary to continue the coal mining operation following coal removal;

(4) Auger/highwall mining. Auger/highwall mining shall occur as contemporaneously as practicable and within one hundred eighty days after creation of the highwall to be augered/mined unless an alternative schedule is approved by the chief;

(5) Final grading and replacement of topsoil. Final grading and replacement of topsoil or approved resoiling materials shall occur in accordance with rule 1501:13-9-03 of the Administrative Code;

(6) Seeding and planting. Mulching, seeding, planting, and application of nutrients and soil amendments, as required by these rules and the approved reclamation plan, shall follow resoiling as soon as practicable to minimize erosion of the resoiled area. Seeding and planting shall take place not later than the next appropriate planting and growing season following the completion of backfilling, grading, resoiling, and other reclamation work;

(7) Tree planting. The normal expected time for tree planting is March through April. If the approved reclamation plan specifies use of the forestry reclamation approach, end-dumped soil placed after April shall not be planted with trees until the following spring. Mulching and seeding may occur when the trees are planted or in the fall to help minimize herbaceous competition;

(8) The chief may grant additional time for backfilling and rough grading:

(a) If the chief finds that the permittee or operator cannot comply with the time limits of paragraph (A) of this rule because of a labor dispute;

(b) For periods of not more than one year if the permittee or operator needs more time than otherwise allowed under this rule, for the purpose of removing limestone, clay, or shale which was uncovered by surface mining operations, if the permittee or operator is in a business which substantially utilizes limestone, clay, or shale, and if the chief determines that the permittee or operator has a bona fide need for the extension of time in order to carry out limestone, clay, or shale removal. Removal of limestone, clay, and shale shall be performed under rules adopted by the chief for the purpose of ensuring compliance with the requirements and objectives of Chapter 1513. of the Revised Code. An extension of time made under this rule shall not delay reclamation on any part of the area of land affected for which the extension is not necessary in order to carry out the limestone, clay, or shale removal; or

(c) If the permittee or operator can demonstrate, through a detailed written analysis of the backfilling, soil stabilization and grading information provided under paragraph (D)(2)(b) of rule 1501:13-4-05 of the Administrative Code as part of the approved reclamation plan, that additional time is necessary. The analysis shall include a map or other description of the area for which additional time is needed;

(9) A request for additional time for backfilling and rough grading that is not addressed in the approved permit shall be filed with the chief as a revision to the permit in accordance with rule 1501:13-4-06 of the Administrative Code. The revision request shall include sufficient justification for the additional time and a time schedule that describes the length of the anticipated delay in backfilling and grading;

(a) Reasons for additional time may include, but are not limited to, auger mining, highwall mining, waste disposal, coal processing, permitting of an adjacent area, mining of a lower coal seam, or mining other minerals;

(b) If the activity that justified the additional time does not take place as stated in the revision to the permit, the permittee shall begin reclamation immediately and continue until completion; and

(10) For purposes of this rule, areas that are backfilled and rough graded shall closely resemble the final ground surface configuration approved in the mining and reclamation plan, but are not necessarily ready for resoiling or eligible for phase I performance security release.

(B) As provided in paragraph (G) of rule 1501:13-4-12 of the Administrative Code, the chief may grant a variance to the requirements of this rule where the applicant proposes to combine surface coal mining and underground coal mining operations.

(C) For underground mining, reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement and revegetation of all areas affected by surface operations, shall occur as contemporaneously as practicable with mining operations.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-06

(A) Performance security forfeiture criteria. The chief shall forfeit performance security under the procedures contained in paragraph (C) of this rule whenever any of the following criteria applies:

(1) The permittee failed to comply with a notice of violation issued for failure to complete any phase of reclamation within the time required by the mining and reclamation plan and any time extensions given for good cause; or

(2) The coal mining and reclamation operations on the area under performance security are abandoned; or

(3) The permittee lacks the ability to continue to operate in compliance with the requirements of Chapter 1513. of the Revised Code, these rules, or the permit; or

(4) The permittee defaults on the conditions under which the performance security was accepted.

(B) Opportunity to show cause why performance security should not be forfeited.

(1) Before performance security is forfeited under the criteria of paragraph (A)(2) or (A)(3) of this rule, because of abandonment of the coal mining and reclamation operation or inability of the permittee to comply, the chief shall order the permittee to show cause why the operation should not be deemed abandoned or why the permittee has the ability to comply with the requirements of Chapter 1513. of the Revised Code.

(2) The show cause order shall:

(a) Identify the coal mining and reclamation operations covered by the performance security to be forfeited;

(b) Give notice of the time, date, place, and purpose of the show cause hearing at which the permittee may show cause why the operation should not be deemed abandoned or why the permittee has the ability to comply with the requirements of Chapter 1513. of the Revised Code; and

(c) Be issued at least twenty-one days before the show cause hearing is held.

(3) If the chief determines that the show cause order sent by certified mail or other method able to track receipt of delivery is not received by the permittee within seven days after the order is mailed, the chief shall, as soon as possible, publish notice of the date, time, place, and purpose of the show cause hearing in a newspaper of general circulation in the locality of the operation.

(C) Forfeiture procedures. When performance security is to be forfeited, the chief shall issue a performance security forfeiture order to the permittee.

(1) The chief shall identify in the performance security forfeiture order the entire permit area or, when applicable, the incremental area or the incremental mining unit, for which performance security is to be forfeited. The order shall forfeit all remaining performance security on deposit for the permit.

(2) The performance security forfeiture order may include the terms of a reclamation agreement with the chief which, if complied with, shall result in avoidance of the forfeiture. The terms of the agreement shall include performance of reclamation operations and abatement of all unabated violations in accordance with a compliance schedule which meets the conditions of the permit, the reclamation plan, Chapter 1513. of the Revised Code and these rules, and a timetable specified by the chief.

(a) If the permittee fails to enter into a reclamation agreement within twenty days of the issuance of a performance security forfeiture order containing such agreement, the chief shall immediately forfeit the performance security and notify the permittee's surety, if applicable, of the permittee's failure to comply.

(b) If the permittee demonstrates to the chief's satisfaction within twenty days of the issuance of a performance security forfeiture order that the permittee has the ability to meet the terms and conditions of the reclamation agreement contained in the performance security forfeiture order, the chief shall monitor compliance with the terms and conditions of the reclamation agreement.

(i) Upon the permittee's satisfactory performance under the terms and conditions of the reclamation agreement, the chief shall rescind the performance security forfeiture order.

(ii) Upon the permittee's failure to comply with any of the terms or conditions of the reclamation agreement, the chief shall immediately forfeit the performance security and notify the permittee's surety, if applicable, of the permittee's failure to comply.

(c) The surety's time to elect to reclaim under paragraph (E) of this rule shall not begin to run until the permittee has failed to enter into an agreement under paragraph (C)(2) of this rule or has failed to comply with the terms of such agreement, and the surety has been notified of such failure.

(3) The performance security forfeiture order shall be sent by certified mail, return receipt requested, or other method able to track receipt of delivery and shall inform the permittee and surety of the reasons for the forfeiture.

(4) In the event that the permittee does not enter into a reclamation agreement or fails to comply with the terms of a reclamation agreement under paragraph (C)(2) of this rule, when the performance security filed with the division of mineral resources management is supported by or in the form of:

(a) Cash, certificates of deposit or negotiable government bonds, then the order shall declare the cash, certificates of deposit, or negotiable government bonds property of the state;

(b) A letter of credit, then the order shall inform the permittee that the state will immediately draw on the letter of credit; or

(c) A trust fund, then the order shall inform the permittee that the state will proceed as set forth in the terms of the trust agreement.

(5) If the performance security filed with the division of mineral resources management is in the form of a surety bond, the chief shall also issue a performance security forfeiture order to all sureties involved, and, in addition to the requirements of paragraphs (C)(1) and (C)(3) of this rule, the order shall inform each surety of its rights and the extent of its obligations and liabilities for the entire permit area or, when applicable, for the incremental area or the incremental mining unit.

(D) Issuance of a performance security forfeiture order does not relieve a permittee from the responsibility for complying, and does not prevent the permittee from being subject to civil penalties for not complying with any order or notice of violation issued for conditions existing on the entire permit area or, when applicable, on the incremental area or the incremental mining unit.

(E) Reclamation by the surety.

(1) Within sixty days after it receives a performance security forfeiture order, or within sixty days of notification of the permittee's failure to elect to enter into a reclamation agreement under paragraph (C)(2) of this rule or the permittee's failure to comply with the terms of a reclamation agreement under paragraph (C)(2) of this rule, each surety:

(a) Shall notify the chief that it will not complete reclamation and shall make payment under the surety bond for the full amount of its liability under the surety bond; or

(b) Shall notify the chief that it will complete reclamation and shall submit to the chief a plan, including a timetable for performing reclamation in accordance with the reclamation plan and the requirements of Chapter 1513. of the Revised Code and these rules.

(2) The chief may allow the surety to complete reclamation if the surety can demonstrate an ability to complete reclamation in accordance with Chapter 1513. of the Revised Code, these rules and the reclamation plan.

(3) A surety completing a reclamation phase on the entire permit area or, when applicable, on the incremental area or incremental mining unit, may obtain a release of its performance security obligation in the same manner as a permittee or operator pursuant to division (F) of section 1513.16 of the Revised Code.

(4) The rights of a surety to perform reclamation shall be terminated if the surety fails to:

(a) Notify the chief within sixty days after receipt of the performance security forfeiture order, or within sixty days of notification of the permittee's failure to elect to enter into a reclamation agreement under paragraph (C)(2) of this rule or the permittee's failure to comply with the terms of a reclamation agreement under paragraph (C)(2) of this rule, that it will or will not perform reclamation.

(b) Submit a reclamation timetable at the same time it notifies the chief that it will perform reclamation; or

(c) Commence, continue, or complete reclamation in accordance with the reclamation timetable.

(5) When the chief determines that the rights of a surety shall be terminated, the chief shall issue an order terminating the rights of the surety and demanding payment from the surety for the entire amount of performance security filed with the chief by the surety for the entire permit area or, when applicable, for the incremental area or incremental mining unit.

(F) Reclamation by the chief.

(1) After receiving the moneys collected under paragraph (C) or (E) of this rule, the chief shall proceed to reclaim the entire permit area or, when applicable, the incremental area or the incremental mining unit, in accordance with:

(a) The requirements of section 1513.18 of the Revised Code if the permit that was forfeited was not a permanent program permit; or

(b) In accordance with Chapter 1513. of the Revised Code, these rules and the approved reclamation plan if the permit that was forfeited was a permanent program permit.

(2) Any revisions that the chief wishes to make to the approved reclamation plan of a permanent program permit on which the performance security has been forfeited shall be made in accordance with paragraph (E) of rule 1501:13-4-06 of the Administrative Code. As used in paragraph (F) of this rule, "permanent program permit" means any permit issued after August 16, 1982, and any permit issued between September 1, 1981 and August 16, 1982 that was subsequently revised to meet the criteria of the approved program.

Last updated June 25, 2025 at 6:29 PM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-1-14

(A) The federal regulation references included in these rules can generally be found in public libraries or electronically at the website govinfo.gov/. The publishing dates for the various parts of the Code of Federal Regulations (C.F.R.) are: Title 7, January 1, 2021; Title 30, July 1, 2020; Title 40, July 1, 2020; Title 43, October 1, 2020.

(1) 7 C.F.R. Part 657;

(2) 30 C.F.R. 77.214, 77.215, 77.216, 77.216(a), 77.216-2(a), and 77.216-3;

(3) 30 C.F.R. 710.12;

(4) 30 C.F.R. Part 761;

(5) 30 C.F.R. 843.11;

(6) 30 C.F.R. Chapter VII, Subchapters D, F, and R;

(7) 40 C.F.R. Parts 122, 123, 136, 260 to 270 and 434;

(8) 43 C.F.R. Parts 3480 to 3487.

(B) The federal law references included in these rules are based on the 2018 edition of the United States Code (U.S.C.), dated January 24, 2020. These federal laws can generally be found in public libraries or electronically at the website govinfo.gov/.

(1) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., as amended;

(2) The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq.;

(3) The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq., as amended;

(4) The Bald and Golden Eagle Protection Act, 16 U.S.C. 668 et seq., as amended;

(5) The Migratory Bird Treaty Act of 1918, 16 U.S.C. 703 et seq., as amended;

(6) Section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq.;

(7) The Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended;

(8) The Occupational Safety and Health Act, 29 U.S.C. 651 et seq., as amended;

(9) The Mine Safety and Health Act, 30 U.S.C. 801 et seq., as amended;

(10) Section 518 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1268;

(11) The Clean Water Act, 33 U.S.C. 1251 et seq.;

(12) Water pollution prevention and control effluent limitations, 33 U.S.C. 1311(p);

(13) Subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(14) Section 3001 of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;

(15) The Clean Air Act, 42 U.S.C. 7401 et seq.

Last updated February 14, 2022 at 9:02 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-01

(A) All signs and markers required to be posted shall be of uniform design throughout the operation, easily visible, and shall be made of durable material. The signs and markers shall be maintained during all operations to which they pertain and shall conform to local ordinances and codes.

(B) Signs identifying the mine area shall be displayed at all points of access to the permit area from public roads. Signs shall clearly show the name, business address, and telephone number of the permittee and the permit number issued by the division of mineral resources management. Such signs shall not be removed until after release of all performance security.

(C) An applicant shall define the perimeter of the proposed permit area by means of clearly visible markers prior to filing an application for a permit. Such markers shall substantially comply with the following:

(1) Markers shall include fence posts, trees, engineering lath or stakes;

(2) The proposed permit boundary shall be marked either with six inches of orange paint or with an orange plastic flag, approximately three feet above the ground;

(3) Each marker shall be firmly placed with at least three feet extending above ground;

(4) Markers shall be located so that they clearly define the limits of the proposed permit area and so that when a person is standing at any marker on the proposed permit boundary, the adjacent markers in either direction are visible;

(5) All perimeter markers shall be maintained with reasonable diligence in place until final grading is approved; and

(6) This rule does not apply to that portion of any perimeter which overlaps or is contiguous to an area currently permitted to the same operator.

(D) Where topsoil or other vegetation-supporting material is segregated and stockpiled according to rule 1501:13-9-03 of the Administrative Code, the stockpiled material shall be marked. Markers shall remain in place until the material is removed.

(E) Buffer zones, as described in paragraph (E) of rule 1501:13-9-04 of the Administrative Code, shall be clearly marked along their boundaries as required by paragraphs (C)(1), (C)(3) and (C)(5) of this rule. Buffer zones shall be marked either with six inches of orange paint with black stripes or with an orange and black striped plastic flag, approximately three feet above the ground. Markers shall be located so that they clearly define the limits of the buffer zone and so that when a person is standing at any marker on the buffer zone boundary, the adjacent buffer zone markers in either direction are visible.

Last updated February 27, 2023 at 9:57 AM

History

• Effective: January 17, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-04 Petition for fees.

(A) Award of costs and expenses.

(1) Any person may file a petition for award of costs and expenses including attorneys' fees reasonably incurred as a result of that person's participation in any administrative proceeding under Chapter 1513. of the Revised Code which results in a final order being issued by the chief.

(2) The petition for an award of costs and expenses including attorneys' fees must be filed with the chief within forty-five days of receipt of such order. Failure to make a timely filing of the petition may constitute a waiver of the right to such an award.

(3) Contents of petition.

(a) A petition filed under paragraph (A)(1) of this rule shall include the name of the person from whom costs and expenses are sought and the following shall be submitted in support of the petition:

(i) An affidavit setting forth in detail all costs and expenses including attorneys' fees reasonably incurred for, or in connection with, the person's participation in the proceeding;

(ii) Receipts or other evidence of such costs and expenses; and

(iii) Where attorneys' fees are claimed, evidence concerning the hours expended on the case, the customary commercial rate of payment for such services in the area, and the experience, reputation and ability of the individual or individuals performing the services.

(4) Any person served with a copy of the petition shall have thirty days from service of the petition within which to file an answer to such petition.

(5) Appropriate costs and expenses including attorneys' fees may be awarded:

(a) To any person from the permittee, if:

(i) The person initiates any administrative proceedings reviewing enforcement actions, upon a finding that a violation of Chapter 1513. of the Revised Code, Chapters 1501:13-1 to 1501:13-14 of the Administrative Code or the permit has occurred, or that an imminent hazard existed, or to any person who participates in an enforcement proceeding where such a finding is made if the chief determines that the person made a substantial contribution to the full and fair determination of the issues; or

(ii) The person initiates an application for review of alleged discriminatory acts, pursuant to section 1513.39 of the Revised Code, upon a finding of discriminatory discharge or other acts of discrimination;

(b) To any person other than a permittee or his or her representative from the state of Ohio, if the person initiates or participates in any proceeding under Chapter 1513. of the Revised Code upon a finding that the person made a substantial contribution to a full and fair determination of the issues;

(c) To a permittee from the state of Ohio when the permittee demonstrates that the chief or his or her authorized representative issued an order of cessation, a notice of violation or an order to show cause why a permit should not be suspended or revoked, in bad faith and for the purpose of harassing or embarrassing the permittee;

(d) To a permittee from any person where the permittee demonstrates that the person initiated a proceeding under Chapter 1513. of the Revised Code or participated in such a proceeding in bad faith for the purpose of harassing or embarrassing the permittee; or

(e) To the division of mineral resources management where it demonstrates that any person applied for review pursuant to Chapter 1513. of the Revised Code or that any party participated in such a proceeding in bad faith and for the purpose of harassing or embarrassing the division of mineral resources management.

(6) An award under this rule may include:

(a) All costs and expenses, including attorneys' fees and expert witness fees, reasonably incurred as a result of initiation and/or participation in a proceeding under Chapter 1513. of the Revised Code; and

(b) All costs and expenses, including attorneys' fees and expert witness fees, reasonably incurred in seeking the award of costs.

(B) Appeal of decision. Any person aggrieved by a decision concerning the award of costs and expenses in an administrative proceeding under Chapter 1513. of the Revised Code may appeal such award to the reclamation commission pursuant to section 1513.13 of the Revised Code.

Last updated February 27, 2023 at 10:01 AM

History

• Effective: April 30, 2009
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-14-05 Informal conferences.

(A) Procedure for request for informal conference. Any person whose interests are or may be adversely affected by the issuance of a permit, the issuance of a significant revision to a permit or the renewal of a permit, or the officer or head of any federal, state or local government agency or authority, or any permittee whose performance security amount is proposed to be adjusted in accordance with paragraph (E) of rule 1501:13-7-02 of the Administrative Code, may, in writing, request that the chief hold an informal conference on the application for a permit or application for significant revision or renewal of a permit or on the proposed performance security adjustment. The request shall:

(1) Briefly summarize the issues to be raised at the conference by the person requesting the conference; and

(2)

(a) Be filed with the chief not later than thirty days after the last publication of the newspaper advertisement placed by the applicant under paragraph (A)(1) of rule 1501:13-5-01 of the Administrative Code; or

(b) Be filed with the chief not later than thirty days after receipt by the permittee of the proposed performance security adjustment.

(B)

(1) Except as provided in paragraph (C) of this rule, if an informal conference is requested in accordance with paragraph (A) of this rule, the chief shall hold an informal conference within a reasonable time not to exceed sixty days following:

(a) The close of the comment period required by paragraph (B)(1) of rule 1501:13-5-01 of the Administrative Code for a permit application, an application for significant revision to a permit or an application for renewal of a permit; or

(b) Receipt by the permittee of a performance security adjustment under paragraph (E) of rule 1501:13-7-02 of the Administrative Code.

(2) The informal conference shall be conducted as follows:

(a) The conference shall be held in the county where the largest portion of the area permitted or to be permitted is located;

(b) The date, time, and location of the informal conference shall be sent to the applicant or permittee and other parties to the conference and advertised by the chief in a newspaper of general circulation in the locality of the proposed permit or existing permit at least two weeks prior to the scheduled conference;

(c) If requested, in writing, by the person requesting the conference at a reasonable time prior to the conference, the chief may arrange with the applicant or permittee to grant parties to the conference access to the proposed permit or existing permit area and, to the extent that the applicant or permittee has the right to grant access to it, to the adjacent area, prior to the established date of the conference for the purpose of gathering information relevant to the conference; and

(d) The conference shall be conducted by the chief or a representative of the chief. The chief or his or her representative may accept oral or written statements and any other relevant information from any party to the conference. An electronic or stenographic record shall be made of the conference proceeding, unless waived by all the parties. The record shall be maintained and shall be accessible to the parties of the conference until final release of the applicant's or permittee's performance security required by Chapter 1513. of the Revised Code and these rules.

(3) If the informal conference has been held pursuant to section 1513.071 of the Revised Code, the chief shall issue and furnish the applicant for a permit, persons who participated in the informal conference, and persons who filed written objections pursuant to division (B) of section 1513.071 of the Revised Code, with the written finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within sixty days of the conference, provided that the chief shall comply with the time frames established in paragraph (D)(2)(b) of rule 1501:13-5-01 of the Administrative Code.

(C) If all persons requesting the informal conference stipulate agreement prior to the requested informal conference and withdraw their request, the informal conference need not be held.

(D) Conferences for reclamation phase approvals and performance security releases are subject to rule 1501:13-7-08 of the Administrative Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-02

(A) Performance security amount for permits for which the applicant or permittee provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code.

(1) The amount of the performance security shall be two thousand five hundred dollars per acre of land on which the permittee will conduct a coal mining and reclamation operation under the initial term of the permit as indicated in the application.

(2) A permittee's responsibility for repairing material damage and replacement of water supplies resulting from subsidence may be satisfied by liability insurance required under Chapter 1513. of the Revised Code if the liability insurance policy contains terms and conditions that specifically provide coverage for repairing material damage and replacement of water supplies resulting from subsidence.

(B) Performance security amount for permits for which the applicant or permittee provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code.

(1) The amount of performance security shall be equal to the estimated cost of reclamation, as determined by the chief under paragraph (B) of rule 1501:13-7-01 of the Administrative Code, for:

(a) The land on which the permittee will conduct a coal mining and reclamation operation under the initial term of the permit; or

(b) The incremental mining units that will be affected in the first permit year, if the permittee or applicant elects to provide performance security separately for each incremental mining unit in accordance with paragraph (A)(6)(b) of rule 1501:13-7-01 of the Administrative Code.

(2) A permittee's responsibility for repairing material damage and replacement of water supplies resulting from subsidence shall be satisfied by either of the following:

(a) The purchase prior to mining of a noncancelable premium-prepaid liability insurance policy in lieu of the permittee's performance security for subsidence damage. The insurance policy shall contain terms and conditions that specifically provide coverage for repairing material damage and replacement of water supplies resulting from subsidence; or

(b) The provision of additional performance security in the amount of the estimated cost to the division of mineral resources management to repair material damage resulting from subsidence, if the permittee will be repairing material damage, or to replace the water supplies resulting from subsidence, if the permittee will be replacing the water supplies, until the repair or replacement is completed.

(i) If repair or replacement is completed, or compensation for structures that have been damaged by subsidence is provided, by the permittee within ninety days of the occurrence of the subsidence, additional performance security is not required.

(ii) The chief may extend the ninety-day period for a period not to exceed one year if the chief determines that the permittee has demonstrated in writing that subsidence is not complete and that probable subsidence-related damage to lands or protected structures likely will continue to occur or that reasonably anticipated changes affecting the water supplies likely will occur and, as a result, the completion of repairs of subsidence-related material damage to lands or protected structures or the replacement of water supplies within ninety days of the occurrence of the subsidence would be unreasonable.

(C) Minimum amount. The amount of the performance security for coal mining and reclamation operations shall be ten thousand dollars at a minimum for the entire area under one permit and the minimum amount shall be maintained on deposit until such time as the permittee is released from all liability in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code.

(D) Period of liability

(1) Liability under a performance security or securities applicable to a permit shall continue until all reclamation and restoration work under the requirements of Chapter 1513. of the Revised Code, these rules, and the provisions of the mining and reclamation plan has been completed, the period of extended responsibility for revegetation has expired in accordance with rule 1501:13-9-15 of the Administrative Code, and the permittee is released from liability in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code.

(2) The performance security liability of the permittee shall include only those actions which the permittee is obligated to take under the permit, Chapter 1513. of the Revised Code and these rules, including completion of the reclamation plan, so that the land will be capable of supporting the postmining land use approved in the permit under rule 1501:13-9-17 of the Administrative Code.

(3) Implementation of an alternative postmining land use approved under paragraph (D) of rule 1501:13-9-17 of the Administrative Code which is beyond the control of the permittee, need not be covered by the performance security.

(E) Adjustment of amount.

(1) The chief shall adjust the amount of the estimated cost of reclamation determined under paragraph (B) of rule 1501:13-7-01 of the Administrative Code if the land that is affected by mining increases or decreases or if the cost of reclamation increases or decreases.

(2) For permits for which the permittee provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code, the chief shall adjust the amount of a permittee's performance security provided in accordance with this rule if the land that is affected by mining increases or if the cost of reclamation increases and shall allow the permittee the option of reducing the amount of performance security provided in accordance with this rule if the land that is affected by mining decreases or if the cost of reclamation decreases.

(3) The chief may review at any time during the term of the permit the estimated cost of reclamation determined under paragraph (B) of rule 1501:13-7-01 of the Administrative Code and the amount of a permittee's performance security provided in accordance with this rule to determine whether an adjustment is needed, but at a minimum the chief shall review the estimated cost of reclamation and the amount of a permittee's performance security at the following times:

(a) When a permittee files an annual report and annual map with the chief in accordance with paragraphs (A) and (B) of rule 1501:13-4-07 of the Administrative Code, a letter to the chief in accordance with paragraph (C) of rule 1501:13-4-07 of the Administrative Code, or a final report to the chief in accordance with paragraph (D) of rule 1501:13-4-07 of the Administrative Code;

(b) When a permittee files an application for revision of a permit under rule 1501:13-4-06 of the Administrative Code which contains information that affects the estimated cost of reclamation;

(c) When a permittee files an application for renewal of a permit under rule 1501:13-4-06 of the Administrative Code;

(d) When a permittee files additional performance security in accordance with paragraphs (A)(6)(c) of rule 1501:13-7-01 of the Administrative Code;

(e) When a permittee's operation advances into any succeeding incremental area or incremental mining unit, or begins any new operational stage;

(f) When any event occurs on or results from a mining and reclamation operation, including subsidence, discharges, or contamination, diminution or interruption of a water supply, that affects the estimated cost of reclamation;

(g) When the chief issues a cessation order for failure to abate a violation for non-contemporaneous reclamation under paragraph (A)(3) of rule 1501:13-14-02 of the Administrative Code; and

(h) When the chief issues a show cause order to a permittee to show cause why the performance security should not be forfeited under rule 1501:13-7-06 of the Administrative Code.

(4) The chief shall notify, in writing, persons involved in performance security coverage of any performance security adjustments. For purposes of this rule a person involved in performance security coverage shall include the permittee, the surety, and any other person with a property interest in collateral posted under these rules who has in writing to the chief requested such notification at the time the collateral is posted or the interest is acquired, whichever occurs later.

(5) The permittee may request an informal conference with the chief concerning a performance security adjustment made under paragraph (E) of this rule, and the chief shall provide such an informal conference in accordance with rule 1501:13-14-05 of the Administrative Code.

(6)

(a) If the chief increases the amount of performance security under paragraph (E) of this rule, the permittee shall provide additional performance security in an amount determined by the chief.

(b) If the chief decreases the amount of performance security under paragraph (E) of this rule, the chief shall determine the amount of the reduction of the performance security and send written notice of the amount of reduction to the permittee. The permittee may reduce the amount of the performance security in the amount determined by the chief.

(7) A permittee may request a reduction in the amount of the performance security by submitting to the chief documentation proving that the permittee's method of operation or other circumstances have changed such that the amount of the performance security provided by the permittee exceeds the estimated cost of reclamation if the reclamation would have to be performed by the division of mineral resources management in the event of forfeiture of the performance security. The chief shall examine the documentation and determine whether the permittee's performance security exceeds the estimated cost of reclamation. If the chief determines that the performance security exceeds that estimated cost, the chief shall determine the amount of the reduction of the performance security and send written notice of the amount to the permittee. The permittee may reduce the amount of the performance security in the amount determined by the chief.

(8) An adjustment in the amount of performance security under paragraph (E) of this rule shall not be considered release of performance security and is not subject to division (F) of section 1513.16 of the Revised Code.

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-7-08

(A) Procedure for requesting a reclamation phase approval conference or a performance security release conference.

(1) The following persons may request a reclamation phase approval conference or a performance security release conference:

(a) A person with a valid legal interest which may be adversely affected by approval of a reclamation phase or release of performance security, pursuant to rule 1501:13-7-05 or 1501:13-7-05.1 of the Administrative Code; or

(b) The responsible officer or head of any federal, state or local government agency that:

(i) Has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation; or

(ii) Is authorized to develop and enforce environmental standards with respect to the operation.

(2) Within thirty days after the last publication of the notice required by paragraph (A)(3) of rule 1501:13-7-05 or by paragraph (A)(3) of rule 1501:13-7-05.1 of the Administrative Code, a person listed in paragraph (A)(1) of this rule may file written objections to the proposed reclamation phase approval or the proposed performance security release and request a conference with the chief.

(3) If written objections are filed and a conference is requested, the chief shall inform all interested parties of the time and place of the conference and shall hold the conference within thirty days after receipt of the request for the conference.

(4) The date, time, and location of the conference shall be advertised by the chief in a newspaper of general circulation in the locality of the coal mining operation proposed for reclamation phase approval or performance security release at least once a week for two consecutive weeks.

(5) The conference shall be held in the locality of the coal mining operation proposed for reclamation phase approval or performance security release or in Franklin county at the option of the person requesting the conference.

(6) An electronic or stenographic record shall be made of the conference proceeding, unless waived by all parties. Such record shall be maintained and shall be accessible to all parties until at least five years after expiration of the period during which the permit is covered by any portion of a reclamation performance security.

(7) In the event that all parties requesting the conference stipulate agreement prior to the requested conference and withdraw their request, the conference need not be held.

(B) Procedure at reclamation phase approval conference or performance security release conference.

(1) A party to a conference may appear in person, or be represented by his or her attorney or such other representative as is permitted to practice before the division, and may present his or her objections to the proposed reclamation phase approval or the proposed performance security release either orally or in writing.

(2) The conference shall be conducted by the chief or a representative of the chief.

(C) Decision of the chief regarding reclamation phase approval or performance security release.

(1) The chief shall issue his or her decision to approve or disapprove a reclamation phase or a performance security release in accordance with paragraph (A)(7) of rule 1501:13-7-05 or paragraph (A)(7) of rule 1501:13-7-05.1 of the Administrative Code.

(2) Within thirty days after notification of the final decision of the chief regarding the reclamation phase approval or performance security release, the permittee or any person with an interest that is or may be adversely affected may appeal the decision to the reclamation commission pursuant to Chapter 1513. of the Revised Code.

Last updated February 27, 2023 at 9:49 AM

History

• Effective: April 30, 2009
• Promulgated Under: 119.03