Chapter 1501:14-1 General Provisions

1501:14-1-01 Definitions.

As used in all surface mining rules, except as may be otherwise specifically provided in the rules adopted pursuant to Chapter 1514. of the Revised Code:

(A) "Accident," as used in division (C) of section 1514.40 of the Revised Code, means an accident as defined in paragraph (h) of 30 C.F.R. 50.2 .

(B) "Acid Drainage" means the flow of acid water resulting from the surface mining operation.

(C) "Acid Producing Material" means any material with a pH of 4.0 or less, or a calcium carbonate (CaCO 3) deficiency of more than five tons of calcium carbonate (CaCO 3) per one thousand tons of material.

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

(E) "Applicant" means any person who applies for a surface mining permit pursuant to Chapter 1514. of the Revised Code.

(F) "Application" means a surface mining application for the permit required by Chapter 1514. of the Revised Code and division 1501:14 of the Administrative Code, and which is on a form prescribed by the chief.

(G) "Aquifer" means a consolidated or unconsolidated geologic formation or series of formations that are hydraulically interconnected and that have ability to receive, store, or transmit water.

(H) "Authorized representative of the miners" means the organization or, if applicable, the individual, authorized by the miners of a surface mining operation as the miners' representative.

(I) "Beneficial Use" means the use of lime mining wastes within a lime mining and reclamation areas for land application when it is utilized for agronomic purposes at standard agronomic rates as determined by standard soil testing, for land reclamation in accordance with this chapter and the rules adopted under it, including, but not limited to, use as fill materials in quarries, and for any other purposes designated by the chief of the division of mineral resources management, including demonstration projects approved by the chief.

(J) "Building Permit" means a permit issued by a county, township, or municipal governmental authority which authorizes the construction of a commercial, industrial, residential, or public building. For construction of a building for which no building permit is required, detailed plans and specifications may, at the chief's discretion, be accepted in lieu of a building permit.

(K) "Certified mine foreperson" means the person whom the operator of a surface mining operation places in charge of the conditions and practices at the mine, who is responsible for conducting workplace examinations under 30 C.F.R. part 56, as amended, and who has passed an examination for the position administered by the division of mineral resources management.

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

(M) "Contamination" means the degradation of quality in an underground water supply as a result of surface mining activity under Chapter 1514. of the Revised Code.

(N) "Contour" means to grade the affected area to a land configuration similar to that which existed prior to any mining, sufficient to achieve soil stability and control landslides, erosion, and sedimentation with adequate provisions for drainage appropriate to the intended future use.

(O) "Dam" means any artificial barrier together with appurtenant works, which either does or may impound water.

(P) "Delay Interval" means the nominal period of time between the detonation of successive explosive charges.

(Q) "Dewatering" means the withdrawal of ground-water from an aquifer or saturated zone which may result in the lowering of the water level within the aquifer or saturated zone, or a decline of the potentiometric surface within that aquifer or saturated zone.

(R) "Dike" means any artificial barrier together with appurtenant works that will divert or restrain the flow of a stream or other body of water for the purpose of protecting an area from inundation by flood waters.

(S) "Diversion" means a channel with a ridge on the lower side which is constructed across the slope and is used for intercepting, directing, or channeling water.

(T) "Drainage Channel" means a natural or constructed watercourse or channel, having a definite bed and sides or banks, through which water flows.

(U) "Excavate" means to remove topsoil, overburden, minerals, or incidental coal from a natural deposit in the process of surface mining.

(V) "Fatality," as used in division (C) of section 1514.41 of the Revised Code, means a death of an individual at a mine.

(W) "Fill in quarries" means the discrete, controlled placement and compaction of lime mining wastes within the mined area of a quarry which is permitted and bonded under Chapter 1514. of the Revised Code. The purposes of the fill include, but are not limited to, raising the general contour back to an approximate original elevation, backfilling highwalls, creating safety egress areas, and fish and wildlife habitat. "Fill in quarries" does not include random deposition of non-calcined materials.

(X) "Grade" means to reshape the affected area to a reasonably smooth configuration to achieve soil stability and control landslides, erosion, and sedimentation, with adequate provisions for drainage appropriate to the intended future use.

(Y) "Ground-Water" means all water occurring in an aquifer.

(Z) "Hazardous condition" means an unsafe condition at a surface mining operation that could reasonably be expected to cause death or serious physical harm due to the violation of a safety standard contained in 30 C.F.R. part 56 or 58.

(AA) "Haul Road" means any road used to transport minerals from the area of land affected.

(BB) "Highwall" means the steeply inclined unexcavated face of exposed consolidated materials or exposed consolidated overburden in an open cut of a surface mine.

(CC) "Impervious Material" means a material through which fluid does not readily pass because of low porosity, very small individual pores, or pores that are disconnected.

(DD) "Incidental to construction work" means the extraction of minerals which is necessary to enable the construction to be accomplished, but does not include generalized site development for the future use of commercial, industrial or residential building construction for which no building permit has been issued.

(EE) "Life-threatening injury," as used in division (D) of section 1514.41 of the Revised Code, means an accident or injury as defined in paragraphs (h)(2) to (h)(12) of 30 C.F.R. 50.2 .

(FF) "Lime Mining Wastes" means residual solid or semisolid materials generated from lime or limestone mining and processing operations, including, without limitation, lime kiln dust, scrubber sludge from kiln operations, lime or limestone materials not meeting product specification, lime hydrating materials, and other lime or limestone mining, processing, or calcining materials associated with lime or limestone mining or processing. "Lime Mining Wastes" does not include materials generated for the manufacture of cement.

(GG) "Lost-time accident," as used in division (B) of section 1514.41 of the Revised Code, means the same as a "Non-Fatal Days Lost incident" and an "NFDL incident" as used by MSHA and includes any accident or occupational injury that caused no fatality but that resulted in days away from work or days of restricted work activity for an employee at a surface mining operation.

(HH) "Mine safety training" means any training relating to mine safety provided by the division of mineral resources management or such other training relating to mine safety as otherwise permitted or required by Chapter 1514. of the Revised Code or these rules.

(II) "Mining Area" means:

(1) An area of land affected by the removal of topsoil, overburden, minerals or minerals and incidental coal in the production of such minerals or minerals and incidental coal. Mining areas shall not be considered as contiguous if connected solely by haul roads;

(2) For purposes of application for an exemption for extraction of incidental coal, calculation of production or revenues derived from incidental coal extraction, and compliance with or reporting on an incidental coal exemption, an individual excavation site or pit from which coal, other minerals, and overburden are removed.

(JJ) "MSHA" means the mine safety and health administration in the United States department of labor.

(KK) "Non-fatal days lost incident rate" and "NFDLIR" mean the number of lost-time accidents multiplied by two hundred thousand, and divided by the hours of employee exposure.

(LL) "Occupational injury" means occupational injury as defined in paragraph (e) of 30 C.F.R. 50.2 .

(MM) "Operator" means any person engaged in surface mining who removes minerals, or minerals and incidental coal, from the earth by surface mining or who removes overburden for the purpose of determining the location, quality, or quantity of a mineral deposit. "Operator" also means any person engaged in in-stream mining who removes minerals from the bottom of the channel of a watercourse by in-stream mining.

(NN) "Peak Design Flow" means the maximum rate of runoff that can be expected to occur at a specific location on the average of once in twenty-five years during a twenty-four hour period, except that where adjoining property may be damaged the peak design flow shall be the maximum rate of runoff to be expected on the average of once in fifty years during a twenty-four hour period.

(OO) "Permittee" means an operator who has been issued a surface mining permit by the chief.

(PP) "Person" means a person, partnership, corporation, association, or other legal entity, or any political subdivision, instrumentality or agency of the state.

(QQ) "Production" means excavating minerals or minerals and incidental coal from a natural deposit for the purpose of commercial use or sale.

(RR) "Quadrangle" means the United States geological survey (U.S.G.S.) 7.5 minute topographic map in which the proposed permit area is located.

(SS) "Quadrangle Sketch" means that section of the appropriate county road map which clearly shows the location of the permit area or proposed permit area and appears on the map submitted with the application. Appropriate county road maps are those published by the Ohio department of transportation or by the appropriate county engineer.

(TT) A "qualified person" means a person who has fulfilled the requirements of an approved detailed training plan in accordance with division (E) of section 1514.47 of the Revised Code and rule 1501:14-2-08 of the Administrative Code so as to be qualified to conduct and document examinations at a surface mining operation for the purposes of 30 C.F.R. part 56, as amended.

(UU) "Significant" means the addition of any of the following activities when those activities are not currently approved in the permit plan:

(1) Blasting activities.

(2) Dewatering activities.

(3) Vertical or horizontal expansion of a permit area that would result in an increase to the geographical area to which the water replacement provisions of rule 1501:14-5-03 of the Administrative Code would apply.

(4) The beneficial use of lime mining waste (LMW).

(5) Other amendments that the chief determines, within the framework of those performance standards contained in Chapter 1514. of the Revised Code, would increase the likelihood that the mining operation may have a negative impact on the public.

(VV) "Resoil" means to distribute topsoil and subsoil, or substitute resoiling material.

(WW) "Restrict" means the use of reasonable means including, but not limited to, fencing, earthen barriers, or confining vegetation to prevent access to areas that pose a danger to the public or to domestic animals.

(XX) "Rules adopted under," "rules adopted pursuant thereto," "rules thereunder," or "these rules" means all rules contained in Chapters 1501:14-1 to 1501:14-6 of the Administrative Code.

(YY) "Seedbed" means an area of land prepared, prior to planting, to promote the germination of seed and the growth of seedlings.

(ZZ) "Slope Angle" means the inclination of a surface from the horizontal, expressed in degrees.

(AAA) "Stemming" means the inert material used in a blasthole to confine the gaseous products formed upon explosion.

(BBB) "Surface mining" means all or any part of a process followed in the production of minerals from the earth or from the surface of the land by surface excavation methods, such as open pit mining, dredging, placering, or quarrying, and includes the removal of overburden for the purpose of determining the location, quantity, or quality of mineral deposits, and the incidental removal of coal at a rate less than one-sixth the total weight of minerals and coal removed during the year, but does not include: test or exploration boring; mining operations carried out beneath the surface by means of shafts, tunnels, or similar mine openings; the extraction of minerals, other than coal, by a landowner for the landowner's own noncommercial use where such material is extracted and used in an unprocessed form on the same tract of land; the extraction of minerals, other than coal, from borrow pits for highway construction purposes, provided that the extraction is performed under a bond, a contract, and specifications that substantially provide for and require reclamation practices consistent with the requirements of Chapter 1514. of the Revised Code; the removal of minerals incidental to construction work, provided that the owner or person having control of the land upon which the construction occurs, the contractor, or the construction firm possesses a valid building permit; the removal of minerals to a depth of not more than five feet, measured from the highest original surface elevation of the area to be excavated, where not more than one acre of land is excavated during twelve successive calendar months; routine dredging of a watercourse for purely navigational or flood control purposes during which materials are removed for noncommercial purposes; or the extraction or movement of soil or minerals within a solid waste facility, as defined in section 3734.01 of the Revised Code, that is a sanitary landfill when the soil or minerals are used exclusively for the construction, operation, closure, and post-closure care of the facility or for maintenance activities at the facility.

(CCC) "Surface Mining Permit" or "permit" means the permit issued by the chief pursuant to Chapter 1514. of the Revised Code and division 1501:14 of the Administrative Code.

(DDD) "Surrounding Areas" means those area within one thousand feet of the beneficial use area or a greater distance based upon site specific characteristics, to allow an adequate description of the geology and quality and quantity of the groundwater and surface water.

(EEE) "Terrace" means to grade in alternate slopes and plateaus to achieve soil stability and control landslides, erosion, and sedimentation, with adequate provisions for drainage appropriate to the intended future use.

(FFF) "Topographic Relief" means the difference in elevation between the highest and lowest elevations of the area depicted on any map required by Chapter 1514. of the Revised Code and division 1501:14 of the Administrative Code.

(GGG) "Year" means twelve successive calendar months.

Effective: 09/17/2010
R.C. 119.032 review dates: 07/28/2010
Promulgated Under: 119.03
Statutory Authority: 1514.08 , 1514.40
Rule Amplifies: 1514.01 , 1514.02 , 1514.40 , 1514.41 , 1514.42 , 1514.43 , 1514.46 , 1514.47
Prior Effective Dates: 1/15/75, 7/4/96, 7/6/99, 07/28/05

1501:14-1-02 Severability.

The validity of any rule or portion thereof, adopted or amended by the Chief, pursuant to Chapter 1514. of the Revised Code, shall not be affected by the invalidity of any other rule or portion thereof adopted or amended thereunder by the Chief.

R.C. 119.032 review dates: 07/14/2011 and 07/14/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.08
Prior Effective Dates: 1/15/75

1501:14-1-03 Successor division.

Unless expressly provided to the contrary by any rule or any section of the Revised Code, any rule adopted or amended by the chief pursuant to Chapter 1514. of the Revised Code shall apply to, and be the rule of, any division or other unit of the department of natural resources, which by virtue of a consolidation or reorganization pursuant to section 121.07 of the Revised Code, or by legislative action, shall succeed to the responsibility of the division of mineral resources management to administer and enforce Chapter 1514. of the Revised Code.

R.C. 119.032 review dates: 07/14/2011 and 07/14/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.08
Prior Effective Dates: 1/15/75, 2/15/03

1501:14-1-04 Procedure for filing applications.

(A) An application for a surface mining permit or for an amendment to a surface mining permit shall not be deemed filed when it is received by the chief unless the application contains all substantial information required by Chapter 1514. of the Revised Code and rules adopted pursuant thereto.

(B) Each application for a surface mining permit or for an amendment to a surface mining permit shall be in the format required by the chief and shall be filed at the address, "Division of Mineral Resources Management, 2045 Morse Road, Building H-3, Columbus, Ohio 43229."

(C) Each application for a surface mining permit or for an amendment to a surface mining permit shall contain such attachments as are required by Chapter 1514. of the Revised Code and rules adopted pursuant thereto.

(D)

(1) An application for a surface mining permit or an amendment to a surface mining permit or any other form that requires a signature of an applicant or permittee shall be signed by:

(a) The operator, if the applicant or permittee is a sole proprietorship;

(b) Any partner, if the applicant or permittee is a partnership;

(c) Any officer or director, if the applicant or permittee is a corporation;

(d) 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, if such person is so designated in the permit application as having such authority; or

(e) Any other person who is the authorized agent of the applicant or permittee for purpose of signing and is so designated in the application.

(2) One copy of any form that requires a signature of an applicant or permittee shall have an original signature in ink of a person who meets the requirements of paragraph (D)(1) of this rule.

Effective: 10/06/2011
R.C. 119.032 review dates: 07/14/2011 and 10/06/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.011 , 1514.02
Prior Effective Dates: 1/15/75, 7/4/94, 2/15/03

1501:14-1-05 Permit transfers.

(A) Transfer of permit rights.

(1)

(1) Any person seeking to succeed by transfer to the rights granted by a permit shall submit an application for a transfer of a surface mining permit. Such application shall be on forms prescribed by the chief and shall include at a minimum:

(a) The name and address of the existing permittee and the permit number;

(b) The information required by divisions (A)(1), (A)(7), and (A)(8) of section 1514.02 of the Revised Code for the applicant proposing to succeed by transfer, and if applicable, the name and address of that person's statutory agent;

(c) The signatures of the applicant and the current permit holder, and

(d) A sworn statement by the applicant for the transfer as required by division (A)(14) of section 1514.02 of the Revised Code.

(2) The chief shall, upon the basis of the applicant's compliance with the requirement of paragraph (A)(1) of this rule grant written approval of the transfer of rights under a permit if the chief first finds, that:

(a) The applicant is eligible to obtain a permit in accordance with paragraph (B) of Chapter 1514.02 of the Revised Code; and

(b) The person seeking the transfer will conduct the operations covered by the permit in accordance with the requirements of Chapter 1514. of the Revised Code and these rules and that any orders by the chief outstanding at the time of the transfer of the permit will be complied with in accordance with a schedule for such work approved with the transfer.

(3) Upon notification from the chief of the division of mineral resources management of the chief's intent to issue an order granting a transfer of a permit, the applicant for the transfer shall file with the chief all of the following:

(a) Performance bond coverage for the permit in accordance with section 1514.04 of the Revised Code;

(b) A certificate of public liability insurance as required by division (A)(13) of section 1514.02 of the Revised Code; and

(c) A copy of a deed, lease, or other instrument that authorizes entry upon the land within the permit by the applicant if surface rights in the land are not owned by the applicant for the transfer.

(4) Upon receipt of the documents required in paragraph (A)(3) of this rule, the chief shall issue an order granting the transfer of the permit applied for.

Effective: 07/28/2005
R.C. 119.032 review dates: 07/28/2010
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.02

1501:14-1-08 Certificate of public liability insurance.

(A) Public liability insurance required by division (A) (13) of section 1514.02 of the Revised Code shall be effective from the date of issuance of the permit until the release of the final portion of the performance bond.

(B) The public liability insurance policy shall include a rider requiring that the insurer notify the chief of termination of the policy or failure to renew.

(C) The permittee's proof of insurance coverage may be submitted on a form provided by the chief or on a form provided by the insurance provider. At a minimum, the proof of insurance form shall include:

(1) The name of the permittee covered by the policy, or if the insured is not the permittee, the name(s) of the operator(s) or operation(s) covered by the policy;

(2) The policy number;

(3) The policy period;

(4) The amount of coverage; and

(5) The name, address, and telephone number of the insurance provider.

(D) The proof of insurance form shall contain an original signature and shall be sent to "Ohio Department of Natural Resources, Division of Mineral Resources Management, 2045 Morse Road, Building H-3, Columbus, Ohio 43229."

Effective: 10/06/2011
R.C. 119.032 review dates: 07/14/2011 and 10/06/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.011 , 1514.02
Prior Effective Dates: 1/15/75, 9/7/96, 2/15/03

1501:14-1-09 Payment of fees and filing of performance bond.

(A) The applicant shall file the required fees and surety bond, cash, an irrevocable letter of credit, or certificates of deposit within the time prescribed by the chief in the notification of intention to issue an order granting a surface mining permit, a renewal of a surface mining permit, or an amendment to a surface mining permit.

(1) The requirement of division (A) of section 1514.04 of the Revised Code that the applicant file a surety bond, cash, an irrevocable letter of credit, or certificates of deposit in the amount of ten thousand dollars shall not apply to permits of twenty or fewer acres issued prior to August 15, 2002. These permits shall instead file a surety bond, cash, an irrevocable letter of credit, or certificates of deposit in the amount of two thousand dollars, or five hundred dollars per acre of land to be affected, whichever is greater.

(2) The requirement of division

(A) of section 1514.04 of the Revised Code that, if the amount of land to be affected is more than twenty acres, the applicant file a surety bond, cash, an irrevocable letter of credit, or certificates of deposit in the amount of five hundred dollars per acre of land to be affected that exceeds twenty acres shall apply to all surface mining applications and to all existing permits regardless of issuance date.

(B) If the applicant fails to file the required fees and/or surety bond, cash, letter of credit, or certificates of deposit within the time prescribed by the chief pursuant to paragraph (A) of this rule, the chief shall issue an order denying the issuance of the surface mining permit, renewal of the surface mining permit, or amendment to the surface mining permit, except that the chief may extend such time for good cause shown.

(C) All performance bond shall be filed in the name of the applicant or permittee and in a format prescribed by the chief and shall meet the requirements for signature specified in paragraph (D) of rule 1501:14-1-04 of the Administrative Code.

(D) All performance bond shall be filed at the address, "Division of Mineral Resources Management, Bonding Section, 2045 Morse Road, Building H-3, Columbus, Ohio 43229."

(E) If the performance bond is in the form of a certificate of deposit, the applicant shall submit to the chief the original certificate of deposit and the assignment for the certificate of deposit.

Effective: 10/06/2011
R.C. 119.032 review dates: 07/14/2011 and 10/06/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.011 , 1514.02 , 1514.021 , 1514.03 , 1514.04
Prior Effective Dates: 1/15/75, 7/4/94, 9/7/96, 2/15/03

1501:14-1-12 Maps: general requirements, uniform color code and map symbols.

(A) Maps shall be submitted along with permit applications, renewal applications, and annual and final reports, as required by Chapter 1514. of the Revised Code and these rules, except that a map need not be submitted along with the annual report if there has been no affectment of the land surface or the mining area has not expanded laterally during the year, and no additional affectment of the land surface or lateral expansion of the mining area is expected during the next year.

(B) All acreage figures required to be reported or estimated by Chapter 1514. of the Revised Code or these rules shall be to the nearest one-tenth of an acre.

(C) All maps required by Chapter 1514 of the Revised Code and these rules shall conform to the following standards:

(1) The map shall be submitted in triplicate, except that at the time of initial filing of an application for a surface mining permit, only one copy of the application map need be submitted ;

(2) The north direction shall be at the top of the map. The north direction shall be designated by an arrow in the upper left hand corner of the map ;

(3) The scale of the map shall be either one inch equals one hundred feet, one inch equals two hundred feet, one inch equals three hundred feet, or one inch equals four hundred feet, as is sufficient for the map to show the requirements of division (A)(11) of section 1514.02 of the Revised Code ;

(4) The contour interval of the map shall be either five feet, ten feet, or twenty feet, as is adequate to show the topographic relief of the proposed area ;

(5) The quadrangle sketch, not to exceed six inches by six inches, shall be placed in the upper right hand corner of the map and shall have sufficient landmarks to locate the permit area or the proposed permit area, and include the name of the quadrangle utilized ;

(6) A legend shall be placed below the quadrangle sketch, which legend shall utilize the symbols described in paragraph (F) of this rule ;

(7) A notarized certification shall be made by the preparer of the map. This certification shall be placed below the legend and 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 the surface mining laws of the state." The certification shall be signed and attested before a notary public ; and

(8) A title block shall be placed in the lower right hand corner of the map, and shall contain the following information if applicable:

(a) The title of the map, i.e. application, amendment, renewal, annual, progress, final, or reclamation;

(b) The name of the applicant or permittee;

(c) The permit number;

(d) The township and range designation;

(e) The location coordinates of the approximate geographical center of the proposed or existing permit site. Such coordinates shall be given in state plane coordinates, derived from the appropriate 7.5 minute U.S.G.S. topographic map;

(f) The name of the township and county;

(g) The section, lot, or survey numbers;

(h) The scale and contour interval of the map;

(i) The date on which the map was prepared; and

(j) The municipal corporation.

(D) In addition to the requirements of paragraph (C) of this rule, all annual maps, final maps, and renewal maps shall contain:

(1) A summary, by mining area and for the permit area, in the chronological order in which it occurred, the number of acres affected to date and the number of acres to be reclaimed ;

(2) A listing, for each mining area and for the permit area, of the acres estimated to be affected during the next year; and

(3) A listing for the permit area of the acres that have had a grading release but not a planting release, and the acres that have had a total bond release.

(E) All maps required by Chapter 1514. of the Revised Code or these rules shall utilize the following uniform color code:

(1) The proposed or existing permit area shall have its perimeter designated with a solid black line highlighted in yellow ;

(2) The area proposed in an amendment shall have its perimeter designated by a solid black line, and shall have its area shaded yellow, and the perimeter of the existing permit area shall be designated by a solid black line highlighted in yellow;

(3) The perimeter of the cumulative area actually affected shall be designated by a solid orange line;

(4) The perimeter of the area to be reclaimed, i.e., area on which mining has been completed during the permit year, shall be designated with a solid red line;

(5) The perimeter of the area estimated to be affected during the next permit year, including areas to be reaffected, shall be designated by a dashed red line;

(6) Any area which has been shown to be reclaimed on a previous map but has not had a performance bond release shall be shaded pink ;

(7) When more than one mining area exists within a permit area, each shall be identified by name or number;

(8) The number of the permit year in which an area was reported to be reclaimed, in paragraph (E)(4) of this rule, shall be recorded in such area;

(9) Any area upon which grading, contouring or terracing, and resoiling has been completed and a performance bond release request is being submitted shall be designated by purple cross-hatching;

(10) Any area upon which permanent planting has been completed and a performance bond release request is being submitted shall be designated by green cross-hatching;

(11) Any area upon which grading has been released, but not planting, shall be shaded purple;

(12) Any area upon which all performance bond has been released shall be designated by black cross-hatching;

(13) Any area to be deleted from the permit shall be shaded green;

(14) Any area of topsoil, subsoil, or suitable substitute resoiling material storage shall have its perimeter designated with a dashed black line, and the area included therein shall be shaded brown; and

(15) Existing and proposed sediment ponds and permanent impoundments shall be shown on the map and identified by name or number .

(F) All maps and drawings required by Chapter 1514. of the Revised Code or these rules shall utilize the following uniform symbols:

Permanent impoundments


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Effective: 10/06/2011
R.C. 119.032 review dates: 07/14/2011 and 10/06/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.011 , 1514.02 , 1514.021 , 1514.03 , 1514.05
Prior Effective Dates: 1/15/75, 9/7/96

1501:14-1-14 Reports.

Any reports required to be filed by Chapter 1514. of the Revised Code shall not be deemed filed when received by the chief unless the reports contain all substantial information required by Chapter 1514. of the Revised Code and rules adopted pursuant thereto.

Effective: 10/06/2011
R.C. 119.032 review dates: 07/14/2011 and 10/06/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.011 , 1514.02 , 1514.021 , 1514.03 , 1514.08
Prior Effective Dates: 1/15/75

1501:14-1-15 Public notice of hearing to adopt, amend, or rescind rules.

(A) Public notices of hearings to adopt, amend, or rescind rules, which are conducted by the Ohio department of natural resources, division of mineral resources management, will be given in the register of Ohio as required by Chapter 119. of the Revised Code. The website for the register of Ohio is http://www.registerofohio.state.oh.us/.

(B) Public notice of a hearing to adopt, amend, or rescind rules shall be given at least thirty days, but not more than sixty days, prior to the hearing. The notice shall: state the division's intention to consider adopting, amending, or rescinding rules; include a synopsis or full text of the proposed rules, amendments, or rules to be rescinded, or a general statement of the subject matter to which such proposed rules, amendments or rescissions relate; and enumerate the date, time, and place of the hearing on the proposed action, which shall not be earlier than the thirty-first nor later than the fortieth day after the proposed rules, amendments or rescissions are filed. The notice shall also state the place where a copy of the proposed rules , amendments or rescissions may be obtained. The chief shall provide a copy of the public notice to anyone who requests it and pays a reasonable fee, not to exceed the cost of copying and mailing.

Effective: 10/06/2011
R.C. 119.032 review dates: 07/14/2011 and 10/06/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08 , 1514.081
Rule Amplifies: 1514.08 , 1514.081
Prior Effective Dates: 1/15/75, 2/15/03

1501:14-1-16 Incorporation by reference.

(A) The Code of Federal Regulations (C.F.R.) references listed in Chapter 1501:14-1 and Chapters 1501:14-3 to 1501:14-6 of these rules are those published in the July 1, 2010, C.F.R. These regulations can generally be found in public libraries or electronically at the website http://www.gpo.gov/fdsys/. These regulations are;

(1) 30 C.F.R. 50.2 .

(2) 30 C.F.R. parts 56 and 58, as amended.

(3) 40 C.F.R. parts 122, 123, and 136, as amended.

(B) The federal laws listed in these rules are those published in the 2006 edition of the United States Code (U.S.C.), dated January 3, 2007, as supplemented in 2009, effective February 1, 2010. These laws can generally be found in public libraries or electronically at the website http://www.gpo.gov/fdsys/. These laws are:

(1) Section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., as amended.

(2) The Clean Water Act, 33 U.S.C. 1251 et seq., as amended.

Effective: 10/06/2011
R.C. 119.032 review dates: 07/14/2011 and 10/06/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08 , 1514.081 , 1514.40
Rule Amplifies: 1514.02 , 1514.40
Prior Effective Dates: 9/17/10