Chapter 1501:13-4 Permits

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.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07
Prior Effective Dates: 8/28/78, 8/16/82 (Emer.), 10/27/82, 10/1/88, 4/30/09

1501:13-4-02 Requirements of coal exploration.

(A) Coal exploration under a notice of intent for exploration operations that do not substantially disturb the natural land surface. 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) 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 a 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 a representative of the chief finds that the exploration operations will not 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 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 http://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-3, 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.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.072
Prior Effective Dates: 8/16/82 (Emer.), 10/27/82, 1/1/90, 6/5/94, 10/16/97, 4/15/04, 4/30/09

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;

(c) The resident agent of the applicant who will accept service of process; and

(d) 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.

(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 periodpreceding 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 an 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;

(e) The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation or forfeiture; and

(f) The current status of these proceedings.

(3) The applicant shall submit a listing of:

(a) Each violation notice 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 federal or state cessation orders and unabated or uncorrected air and water quality 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 or cessation order reported under paragraph (C)(3)(a) or (C)(3)(b) of this rule, the application shall also contain, when applicable:

(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 or cessation order , the name of the person to whom the violation notice or cessation order was issued, and the name of the issuing regulatory authority, department, or agency;

(b) A brief description of the violation alleged in the notice or cessation order;

(c) The date, location, and type of any administrative or judicial proceedings initiated concerning the violation or cessation order, 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 or cessation order;

(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 for a cessation order issued under paragraph (A) 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 or cessation order is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation; and

(f) For all violations, including cessation orders, not covered under paragraph (C)(4)(e) of this rule, the actions taken to abate or correct the violation or cessation order.

(5) After an 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 description of the documents upon which the applicant bases its 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 description 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) Where the private mineral estate to be mined has been severed from the private surface estate and surface mining will be the method of mining, the application shall also provide for lands within the permit area:

(a) A copy of the written consent of the surface owner to the extraction of coal by surface mining methods;

(b) A copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or

(c) If the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under state law, the applicant has the legal authority to extract the coal by those methods.

(3) Nothing in this rule shall be construed to afford the chief the authority to adjudicate property title 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 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 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 the 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, revision of a permit, if notice is required under paragraph (E) of rule 1501:13-4-06 of the Administrative Code, or renewal of a permit 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 then 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.

Effective: 12/30/2011
R.C. 119.032 review dates: 10/12/2011 and 12/20/2016
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07
Prior Effective Dates: 8/16/82 (Emer.), 11/15/82, 10/1/88, 8/5/91, 4/30/09

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 (K) of this rule;

(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 shall be submitted with an application for a permit.

(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 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) Maps: general requirements. 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 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 this rule, and known archeological sites within the proposed permit and adjacent area;

(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 within the permit area and within five hundred feet of the permit area;

(10) The names, locations, and directions of flow of all perennial and intermittent streams within the permit area and within five hundred feet of the permit area;

(11) The name of the drainage basin in which the 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 permit area that is prime farmland;

(13) The areas of land to be permitted on which steep slope mining, mountaintop removal, and augering will be performed;

(14) The drainage control system 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 in conjunction with the operations, and all existing haul roads and access roads to be used in conjunction with the operation;

(16) The location of the proposed final highwall for each coal seam to be mined;

(17) The point at which mining operations will begin and the point at which mining operations will end on the 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 and extent of subsurface water, if encountered, within the proposed permit or adjacent areas;

(23) 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;

(24) Location and extent of existing or previously surface-mined areas within the proposed permit area;

(25) 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;

(26) Location of gas and oil wells within the proposed permit area and water wells in the permit area and within one thousand feet of the permit area;

(27) The location and start and end points of all submitted cross sections;

(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;

(31) Each coal storage, cleaning and loading area;

(32) Each topsoil, spoil, coal waste, and noncoal waste storage area;

(33) Each air pollution collection and control facility;

(34) Each facility to be used to protect and enhance fish and wildlife and related environmental values;

(35) Each explosive storage and handling facility; and

(36) Other relevant information required by the chief.

(K) 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.

(L) 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 (L)(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 (L)(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 (L)(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 (L)(2) of this rule.

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

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07
Prior Effective Dates: 8/28/78, 5/1/80, 8/16/82 (Emer.), 11/15/82, 11/23/83 (Emer.), 3/4/84, 8/12/85 (Emer.), 2/20/86, 10/1/88, 2/12/09

1501:13-4-05 Permit application requirements for reclamation and operations plans.

(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 approved by the chief for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code):

(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, 40 C.F.R. parts 123 and 40 C.F.R. parts 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.

(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 class B or C criteria for dams in the U.S department of agriculture, soil conservation service technical release no. 60, "Earth Dams and Reservoirs," 1985, 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 percent), 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 Class B or C criteria for dams in the U.S department of agriculture, soil conservation service technical release no. 60, "Earth Dams and Reservoirs," 1985, 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.

(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.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07
Prior Effective Dates: 8/16/82 (Emer.), 11/15/82, 11/23/83 (Emer.), 2/1/84, 1/15/87, 10/1/88, 8/19/89, 1/1/93, 5/29/95, 12/7/95, 2/15/03, 4/30/09

1501:13-4-06 Permit applications, revisions, and renewals, and transfers, assignments, and sales of permit rights.

(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 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 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.

Effective: 12/30/2011
R.C. 119.032 review dates: 10/12/2011 and 12/20/2016
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.02 , 1513.07
Prior Effective Dates: 8/16/82 (Emer.), 10/27/82, 10/1/88, 8/22/94, 4/30/09, 10/28/10

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.

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: 1513.07 , 1513.08
Prior Effective Dates: 10/27/82

1501:13-4-08 Hydrologic map and cross-sections.

Each application for a permit shall include:

(A) 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 (B) 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 the cross-section drawn to show hydrogeologic information as required under paragraph (D) of this rule;

(7) The location and type of water supply used by the occupant of each building described in paragraph (A)(3) of this rule for the purpose of domestic, agricultural, or industrial use;

(8) All undeveloped 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 (A)(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) All underground coal mine entries on or within one thousand feet of the proposed permit area;

(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.

(B)

(1) For the items listed in paragraphs (A)(3), (A)(4), (A)(8), (A)(9), (A)(11), (A)(13) and (A)(14) of this rule, the chief may require additional information outside the thousand-foot limit to be shown on the map if such identification is necessary based on site-specific conditions.

(2) The items listed in paragraphs (A)(3), (A)(7), (A)(8), (A)(9), (A)(10), and (A)(11) 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.

(C) The map symbols used to identify the items described in paragraphs (A)(8) to (A)(14) of this rule shall be highlighted in red on all hydrologic maps.

(D) A cross-section 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.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07
Prior Effective Dates: 9/1/77, 8/28/78, 5/1/80, 8/16/82 (Emer.), 10/27/82, 10/1/88, 3/31/97

1501:13-4-09 General map requirements.

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 in quadruplicate 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.

(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, 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.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07
Prior Effective Dates: 9/1/77, 8/28/78, 5/1/80, 8/16/82 (Emer.), 10/27/82

1501:13-4-10 Uniform color code and map symbols.

(A) Coal mining permit application maps and plans shall utilize the following uniform color codes:

(1) The proposed or existing permit area shall have its perimeter designated with a dashed black line and the area included therein, excepting the areas required to be designated in paragraphs (A) (2) to (A) (5) of this rule, shall be shaded yellow.

(2) Any areas of topsoil or alternative resoiling material storage shall have its perimeter designated with a dashed black line and the area therein shall be shaded brown.

(3) Any areas of existing or proposed sediment ponds shall have their perimeters designated with dashed black lines and the areas therein shall be shaded blue.

(4) Any areas within one hundred feet of a stream shall have their perimeters designated with dashed black lines and the areas therein shall be shaded red.

(5) Any areas identified as prime farmland shall have their perimeters designated with dashed black lines and the areas therein shall be shaded green.

(6) Any area determined to be eligible for remining shall have its perimeter designated with a dashed black line and the areas therein clearly labeled "remine".

(B) Annual maps and final maps shall utilize the following uniform color codes:

(1) The existing permit area shall have its perimeter designated with a solid black line.

(2) The perimeters of the areas affected during each mining year that are not to be reaffected during the following mining year shall be designated by a solid red line and shall be shaded as follows:

(a) First year - blue

(b) Second year - green

(c) Third year - yellow

(d) Fourth year - red

(e) Fifth year - brown

(3) The perimeter of the total area affected as reported on the annual reports shall be designated on the annual map by a solid orange line.

(4) The perimeter of the total area affected as reported on the final report shall be designated on the final map by a solid orange line and the areas reported on the annual reports shall be designated by solid red lines and shaded as required by paragraph (B) (2) of this rule.

(C) All maps required by Chapter 1513. of the Revised Code or rules adopted thereunder shall utilize the following uniform map symbols:

For Symbols 1-39 -- To obtain the appendix, table, image, etc. please call LSC's ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

(1)

Occupied dwelling

(2)

Unoccupied building

(3)

Public, community institutional building

(4)

School

(5)

Church

(6)

Commercial/business building

(7)

Final highwall

(8)

Existing highwall

(9)

Coal outcrop

(10)

Utility

(11)

Test boring

(12)

Entrance Sign

(13)

Property line

(14)

Perennial stream

(15)

Intermittent stream

(16)

Constructed drainway

(17)

Auger area

(18)

Sediment pond

(19)

Inactive mining area

(20)

Roads outside of permit area

(21)

Tree planting area

(22)

Water treatment facility

(23)

Begin mining

(24)

End mining

(25)

Slope measurements

(26)

Public water line

(27)

Seep, seepage zone, swamp

(28)

Deep mine entry

(29)

Deep mine water discharge

(30)

Upstream sampling station

(31)

Downstream sampling station

(32)

Drilled well (log available)

(33)

Drilled well (no log available)

(34)

Dug well

(35)

Developed spring

(36)

Undeveloped spring

(37)

Source of public water supply

(38)

Monitoring station

Note: Monitoring station symbol is to circumscribe symbols, where appropriate, e.g.

(39)

Background sampling station

Note: Background sampling station symbol is to circumscribe symbols, where appropriate e.g.

R.C. 119.032 review dates: 05/16/2005 and 05/16/2010

Promulgated Under: 119.03

Statutory Authority: 1513.02

Rule Amplifies: 1513.07

Prior Effective Dates: 9/1/77, 5/1/80, 10/27/82, 3/31/97

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 former permit reaffected under a subsequent permit, shall conform to the requirements of paragraph (J) of rule 1501:13-4-04 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 a valid right to the mineral resource shall conform to the requirements of paragraph (J) of rule 1501:13-4-04 to 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 the existing permit, designated by a solid orange line.

(2) The perimeter of the area of land reaffected by any person with a valid right to the mineral resource, 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 a valid right to the mineral resource.)"

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: 1513.07 , 1513.08
Prior Effective Dates: 5-1-80; 10-27-82; 4-15-04

1501:13-4-12 Requirements for permits for special categories of mining.

(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 these rules; and

(ii) Will not reduce the protection afforded public health and safety below that provided by the requirements of these rules; 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 these rules 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 these rules.

(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 these rules.

(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 these rules, 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 (L) of rule 1501:13-4-04 or paragraph (L) 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," 1975) and 18 ("Soil Survey Manual," 1951);

(i) These publications are hereby incorporated by reference as they exist on the date of adoption of paragraph (F)(2)(a) of this rule. Notices of changes made to these publications will be periodically published by the office of surface mining in the "Federal Register." Agriculture handbooks 436 ("Soil Taxonomy") and 18 ("Soil Survey Manual") are on file and available for inspection at "The Office of Surface Mining Central Office, United States Department of the Interior, South Interior Building, Washington, D.C. 20240," at each office of surface mining state office and at the central office of the division of mineral resources management. Copies of these documents are also available from "The Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402," stock number 001-000-02597-0 and stock number 10100-0688-6. In addition, these documents are available for inspection at all offices of the division of mineral resources management;

(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.

(i) 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 these rules, 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.

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: 1513.07 , 1513.08 , 1513.16 , 1513.37
Prior Effective Dates: 8-16-82 (Emer.); 10-27-82; 10-1-88; 3-31-97; 2-15-03

1501:13-4-13 Underground mining permit application requirements for information on environmental resources.

(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 (K) of this rule;

(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 shall be submitted with an application for a permit.

(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 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) Maps: general requirements. 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 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 this rule, 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 and adjacent areas 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 to that act;

(9) The boundaries and names of counties, municipal corporations, townships, section and lot lines within the permit and within five hundred feet of the permit;

(10) The names, locations, and directions of flow of all perennial and intermittent streams within the permit area and within five hundred feet of the permit area;

(11) The name of the drainage basin in which the 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 permit area that is prime farmland;

(13) The areas of land to be permitted on which steep slope mining, mountaintop removal, and augering will be performed;

(14) The drainage control system to include the location of:

(a) Each sediment pond and the pond identification number;

(b) Any diversion; and

(c) Any treatment facilities;

(15) All haul roads and access roads proposed to be constructed in conjunction with the operations, and all existing haul roads and access roads to be used in conjunction with the operation;

(16) The location of the proposed final highwall for each coal seam to be mined;

(17) The point at which mining operations will begin and the point at which mining operations will end on the permit area;

(18) Elevations and locations of test borings and core samplings within the proposed permit area;

(19) Elevations and locations of monitoring stations within the permit area 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 inactive or abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent areas;

(22) Location and extent of subsurface water, if encountered, within the proposed permit and adjacent areas;

(23) 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;

(24) Location and extent of existing or previously surface-mined areas within the proposed permit area;

(25) 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;

(26) Location of gas and oil wells within the proposed permit area and water wells in the permit and adjacent areas;

(27) The location and start and end points of all submitted cross sections;

(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 permit area;

(31) Each coal storage, cleaning and loading area;

(32) Each topsoil, spoil, coal waste, and noncoal waste storage area;

(33) Each air pollution collection and control facility within the permit area;

(34) Each facility to be used to protect and enhance fish and wildlife and related environmental values within the permit area;

(35) Each explosive storage and handling facility within the permit area;

(36) The location of each facility that will remain on the proposed permit area as a permanent feature, after the completion of underground mining operations;

(37) The location of each water and subsidence monitoring point; and

(38) Other relevant information required by the chief.

(K) 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 of the permit area;

(e) The location of the proposed final highwall;

(f) The location of any mine openings within the proposed permit area;

(g) 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

(h) Road widths, road gradients, road surface, road cuts, fill embankments, culverts, bridges, drainages, ditches, and drainage structures.

(L) 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 (L)(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 (L)(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 (L)(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 (L)(2) of this rule.

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

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02 , 1513.07
Rule Amplifies: 1513.07
Prior Effective Dates: 11/23/83 (Emer.); 3/12/84; 8/12/85 (Emer.); 12/30/85 (Emer.); 3/29/86; 10/21/88; 4/15/04, 4/30/09

1501:13-4-14 Underground mining permit application requirements for reclamation and operations plans.

(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 approved by the chief for postmining land use as specified in rule 1501:13-9-17 of the Administrative Code):

(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, 40 C.F.R. parts 123 and 40 C.F.R. parts 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 class B or C criteria for dams in the U.S department of agriculture, soil conservation service technical release no. 60, "Earth Dams and Reservoirs," 1985, 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 Class B or C criteria for dams in the U.S department of agriculture, soil conservation service technical release no. 60, "Earth Dams and Reservoirs," 1985, 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.

(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 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 (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 a survey 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 survey 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 survey shows that such structures or renewable resource lands exist, and that subsidence could cause material damage or diminution of value or foreseeable use of the land, or if the chief determines that such 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 or facilities to the extent required pursuant to this rule; 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.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07
Prior Effective Dates: 11/23/83 (Emer.), 3/4/84, 1/15/87, 10/1/88, 12/27/90, 1/1/93, 8/22/94, 5/29/95, 2/15/03, 4/30/09

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 will 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 paragraph (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 which shall include chemical analyses for pH, neutralization potential, potential acidity, total or pyritic sulfur, and calcium carbonate deficiency of each stratum within the overburden. Such testing shall consist of test holes made by the boring or drilling method and shall be:

(i) Conducted at the rate of one test hole for each twenty-five acres of pollution abatement area or fraction thereof, or more as determined by the chief. If spoil exists on the pollution abatement area, at least one additional test hole per twenty-five acres of pollution abatement area must be drilled through the spoil; and

(ii) Drilled to the bottom of the material that was previously mined or will be mined. If test holes are drilled through spoil, every five vertical feet of the resulting sample shall be analyzed; and

(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 Codeuntil 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 will be allowed to discontinue treating the discharges pursuant to paragraph (F)(2) of this rule 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 will 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 will 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) The permittee has, for a period of twelve months after discontinuance of treatment pursuant to paragraph (F)(5) of this rule, 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 will 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) The permittee has not exceeded the numeric effluent limitations established in the remining NPDES permit from the time of performance security release pursuant to paragraph (H)(2) of this rule for a period of two years from the discontinuance of treatment pursuant to paragraph (F)(5) of this rule; 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.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07 , 1513.16
Prior Effective Dates: 12/27/90, 11/27/93, 11/27/95, 3/31/97, 12/10/98, 04/30/09

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-3, 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 useuse. 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.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.01 , 1513.07
Prior Effective Dates: 1/1/93, 4/15/04, 04/30/09