Chapter 1501:13-13 Miscellaneous Surface and Underground Mining

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.

Effective: 04/30/2009
R.C. 119.032 review dates: 02/06/2009 and 04/20/2014
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 8/28/78, 10/27/82, 10/1/88

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. soil conservation service for prime farmland soil removal, storage, replacement, and reconstruction as guidelines in carrying out his 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 (D) 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 of 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.

Eff (Amended) 8-28-78; (Amended) 8-16-82 (Emer.); (Amended) 10-27-82; 10-1-88
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 1513.16
119.032 Review date: 10-3-00; 10-3-05

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.

Eff (Amended) 8-28-78; (Amended) 10-27-82; 10-1-88
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 1513.16
119.032 Review date: 10-3-00; 10-3-05

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.

Eff (Amended) 8-28-78; (Amended) 10-27-82; 10-1-88
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 1513.16
119.032 Review date: 10-3-00; 10-3-05

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.

Effective: 04/30/2009
R.C. 119.032 review dates: 02/06/2009 and 04/20/2014
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 10/27/82, 10/1/88, 1/1/93

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.

Eff 10-27-82
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 1513.16
119.032 Review date: 10-3-00; 10-3-05