1501:13-4-08 Application, supplemental and hydrologic maps, and cross-sections, designs and plans.

This rule applies to coal mining operations, including underground mining surface operations, but does not apply to underground workings.

(A) Application map. The permit application shall include an application map prepared by or under the direction of and certified by a surveyor or jointly by a an engineer and a surveyor, to the extent such joint certification is required by state law, showing:

(1) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the proposed permit area; noting the boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin coal mining operations and which areas the applicant does not yet have this right;

(2) The location of all buildings on and within one thousand feet of the proposed permit area, with identification of the current use of the buildings using the map symbols set forth in rule 1501:13-4-10 of the Administrative Code;

(3) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area;

(4) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the chief, those surface waters which will receive discharges from affected areas in the proposed permit area and the location of any discharges to any surface body of water on or adjacent to the land to be affected;

(5) Each public road located in or within one hundred feet of the proposed permit area;

(6) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing on the "National Register of Historic Places," as referenced in paragraph (A)(2)(a) of rule 1501:13-4-04 of the Administrative Code, and known archeological sites within the proposed permit and adjacent areas;

(7) Each cemetery that is located in or within one hundred feet of the proposed permit area;

(8) Any land within the proposed permit area or adjacent area which is within the boundaries of any units of the national system of trails or the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., or study rivers or study river corridors as established in any guidelines pursuant to that act;

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

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

(11) The name of the drainage basin in which the proposed permit area is located as listed in the "Gazetteer of Ohio Streams," published by the Ohio department of natural resources;

(12) That part of the proposed permit area that is prime farmland;

(13) The areas of land within the proposed permit area on which steep slope mining, mountaintop removal, and augering will be performed;

(14) The drainage control system within the proposed permit area to include the location of:

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

(b) Any diversions; and

(c) Any treatment facilities;

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

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

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

(18) Elevations and locations of test borings and core samplings;

(19) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

(20) All coal crop lines and the strike and dip of the coal to be mined in the proposed permit area;

(21) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface, within the proposed permit and adjacent areas;

(22) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas;

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

(24) Location and extent of existing areas of spoil, waste, and refuse, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area;

(25) Location of gas and oil wells in and within twenty-five feet of the proposed permit area and the location of producing gas and oil wells in and within three hundred feet of the proposed permit area;

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

(27) The location and start and end points of all submitted cross sections within the proposed permit area;

(28) Sufficient slope measurements, in degrees, to adequately represent the existing land surface configuration of the proposed permit area;

(29) The boundaries of all areas proposed to be affected over the estimated total life of the proposed mining operation, with a description of size, sequence, and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;

(30) Buildings, utility corridors within the proposed permit area;

(31) Each coal storage, cleaning and loading area within the proposed permit area;

(32) Each topsoil, spoil, coal waste, and noncoal waste storage area within the proposed permit area;

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

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

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

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

(37) The location of each water monitoring point within the proposed permit area;

(38) For underground mining surface operations, the location of each subsidence monitoring point within the proposed permit area; and

(39) Other relevant information required by the chief.

(B) Supplementary maps, cross sections, designs and plans. When necessary under these rules, the application shall include:

(1) Designs and plans prepared and certified by an engineer for the following:

(a) Sedimentation ponds, impoundments, coal mine waste banks, and coal mine waste dams;

(b) Spoil disposal facilities;

(c) The sealing or managing of any mine openings within the proposed permit area;

(d) Stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code; and

(e) Road stream crossings, bridges, culverts, drainages, ditches, drainage structures, road cuts, and fill embankments.

(2) Supplementary maps and cross sections, prepared by or under the direction of and certified by an engineer or jointly by an engineer and a surveyor to the extent such joint certification is required by state law, showing:

(a) Each sedimentation pond, permanent water impoundment, coal mine waste bank and coal mine waste dam;

(b) The fill area for the disposal of excess spoil;

(c) The nature, depth, and thickness of the coal seams to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;

(d) The permit area, the original surface topography and the proposed final surface contour;

(e) The location of the proposed final highwall;

(f) The location of each waste disposal facility relating to coal processing or pollution control;

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

(h) Stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code; and

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

(C) Hydrologic map. Each application for a permit shall include a hydrologic map which, in addition to the applicable requirements of rules 1501:13-4-09 and 1501:13-4-10 of the Administrative Code, shall be at a scale of not more than five hundred feet to the inch. The hydrologic map shall be certified by a surveyor and, if required pursuant to paragraph (C) of rule 1501:13-4-09 of the Administrative Code, by an engineer. Except as provided in paragraph (D) of this rule, all hydrologic maps shall show the following:

(1) The proposed permit area;

(2) A line identifying the area within one thousand feet of the proposed permit area;

(3) All occupied buildings on or within one thousand feet of the proposed permit area;

(4) All perennial and intermittent streams on or within one thousand feet of the proposed permit area;

(5) The location of the coal outcrop on the proposed permit area and the name and number of each coal seam to be mined;

(6) The location of each cross-section drawn to show hydrogeologic information as required under paragraph (F) of this rule;

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

(8) All springs on or within one thousand feet of the proposed permit area;

(9) All seepage zones on and within one thousand feet of the proposed permit area;

(10) The location of sampling stations on each stream identified in paragraph (C)(4) of this rule at points just above and below the proposed permit area and the location and elevation of other sampling stations used to gather data on water quality and quantity in the preparation of the permit application;

(11) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface, within the proposed permit and adjacent areas;

(12) The location of monitoring stations, other than sediment pond outlets, to be monitored during the life of the permit;

(13) All existing water wells on or within one thousand feet of the proposed permit area;

(14) Any well, well field, reservoir, river, or other water source used for a public water supply on or within one thousand feet of the proposed permit area; and

(15) Any land determined to be eligible for remining.

(D)

(1) For the items listed in paragraphs (C)(3), (C)(4), and (C)(7) to (C)(14) of this rule, the chief may require additional information outside the thousand-foot limit to be shown on the hydrologic map if such identification is necessary based on site-specific conditions.

(2) The items listed in paragraphs (C)(3), (C)(7), (C)(8), (C)(9), (C)(10), (C)(11) and (C)(13) of this rule need not be shown on the hydrologic map when:

(a) They are located beyond an intermittent or perennial stream located within one thousand feet of the proposed permit area; and

(b) The lowest coal seam to be mined is at a higher elevation than such intermittent or perennial stream.

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

(F) Hydrologic cross-section. Each application for a permit shall include one or more cross-sections prepared by, or under the direction of, an engineer or a professional geologist showing:

(1) The location and extent of subsurface water, if encountered, within the proposed permit or adjacent areas;

(2) All wells, boreholes, piezometers, springs, or other features used to determine the configuration of the water table or potentiometric surface of each aquifer where such wells, boreholes, piezometers, springs, or other items fall on or reasonably close to the line of the cross-section;

(3) Within the permit and adjacent areas, all aquifers and the water table or potentiometric surface of each aquifer above the lowest coal seam to be mined and within the lowest coal seam to be mined if that seam is a water bearing stratum, and each potentially affected water bearing stratum below the lowest coal seam to be mined; and

(4) All coal seams to be mined.

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

Effective: 1/17/2016
Five Year Review (FYR) Dates: 11/02/2015 and 01/16/2021
Promulgated Under: 119.03
Statutory Authority: 1513.02, 1513.35
Rule Amplifies: 1513.07, 1513.35
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, 10/28/10