Chapter 1501:14-3 Drainage and Soil

1501:14-3-02 Minimizing acid drainage and acid water accumulation.

To minimize acid drainage and the accumulation of acid water, the operator shall, unless otherwise approved in the Mining and Reclamation Plan, isolate any acid producing refuse material in a location that will minimize acid water formation and that will prevent such material from coming into contact with surface water, and promptly cover the acid producing refuse material with a minimum of three (3) feet of non-acid producing material.

R.C. 119.032 review dates: 07/14/2011 and 07/14/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.011 , 1514.02 , 1514.08
Prior Effective Dates: 3/24/75

1501:14-3-03 Permanent water impoundments.

(A) To insure that upon completion of reclamation any lake or pond located within the area of land affected is free of substances resulting from mining in amounts or concentrations that are harmful to persons, fish, waterfowl, or other beneficial species of aquatic life, the operator shall:

(1) Construct dams or otherwise provide that the water level within any permanent water impoundment is maintained at no less than four feet above any acid producing materials within the impoundment;

(2) Cover with non-acid producing material to a minimum depth of three feet, any acid producing material resulting from mining located within the drainage area of the lake or pond;

(3) Prevent surface water resulting from mining which contains substances in amounts or concentrations that are harmful to persons, fish, waterfowl, or other beneficial species of aquatic life from flowing into any permanent impoundment;

(4) Maintain all impounded water at a pH of 6.0 or above; and

(5) Maintain a minimum water depth of six feet in each impoundment, unless otherwise required by the future intended use and approved in the mining and reclamation plan.

(6) Lime mining waste may be employed as a component of developing fish spawning zones or reef zones within a permanent impoundment. These zones shall be constructed in consultation with accredited wildlife biologists. The designated areas shall be sufficiently covered with a minimum cover of four feet of non-toxic earthen material, unless an alternative plan for cover or treatment is approved by the chief based upon a showing by the applicant that the alternative plan is as effective for protecting water quality and sustaining vegetative growth, before other materials such as sand, stone or rock are employed to create the spawning or reef surfaces.

(B) To insure public safety the operator shall:

(1) Stabilize the banks of the impoundments;

(2) Provide egress from the impoundment;

(a) Lime mining waste may be employed in final reclamation of a highwall to provide additional egress from the impounded area. The egress area shall be no steeper than fifteen degrees in accordance with paragraph (C) of this rule beginning at the anticipated low water level and extending beyond the highest level of normal annual fluctuation at least twelve feet. A minimum of four feet of non-toxic earthen material shall cover the submerged slope, with an additional six inches of topsoil used to cap any exposed slope, unless an alternative plan for cover or treatment is approved by the chief based upon a showing by the applicant that the alternative plan is as effective for protecting water quality and sustaining vegetative growth. The earthen cover shall be planted with a diverse vegetative cover in accordance with this chapter.

(3) Restrict access to the impoundment where access is not required for the future intended use; and

(4) Perform other measures as are necessary to insure public safety because of the particular site conditions.

(C) To assure safe access where permanent impoundments are intended for recreational use, the operator shall construct designated access areas consistent with the intended recreational use, which access areas shall be no steeper than fifteen degrees beginning at the anticipated low water level and extending beyond the highest level of normal annual water fluctuation at least twelve feet.

(D) To prevent hazards to adjoining properties, the operator shall construct any dams that are part of a permanent impoundment in accordance with the requirements of rule 1501:14-3-02 of the Administrative Code and all other applicable federal, state, or local laws.

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: 1514.011 , 1514.02 , 1514.081
Prior Effective Dates: 3/25/75, 8/1/05

1501:14-3-04 Use of explosives in industrial minerals operations.

(A) General.

(1) The provisions of this rule shall apply to all blasting operations on all industrial minerals mining and reclamation operations.

(2) Blasting operations shall be conducted in accordance with all applicable state laws and regulations.

(3) For purposes of this rule, "certified blaster" shall mean a blaster who possesses a valid certificate obtained pursuant to rule 1501:13-9-10 of the Administrative Code and "blaster-in-charge" shall mean, for each blast, the certified blaster responsible for the loading of the blastholes (including delay detonator connections), detonation of the blast, and completion of the blast record required under paragraph (E) of this rule.

(4) On and after July 1, 2003, blasting operations shall be conducted only under the supervision of a certified blaster. Only a certified blaster, or a member of the blasting crew under the direct supervision of the certified blaster, may detonate a blast. Any certified blaster who is responsible for conducting blasting operations at a blasting site shall give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew or assist in the use of explosives at that site.

(5) Certified blasters, and other persons responsible for blasting operations at a blasting site, shall review and know the permittee's blasting plan and site-specific blasting requirements. The permittee shall keep a copy of the current blasting plan and permit map at the permit site for use by employees, contract blasters, and any other persons responsible for blasting operations.

(B) Blasting times.

(1) Blasts may be detonated only between sunrise and sunset. The chief may further limit the time periods for blasting if necessary and reasonable in order to protect the public health and safety.

(2) Blasts may be detonated at other times only in emergency situations where rain, lightning, other atmospheric conditions, or operator or public safety so requires. When a blast is detonated under any of those circumstances, the blaster-in-charge shall document the reason for the late or unscheduled blast in the blast record required under paragraph (E) of this rule.

(C) Blasting signs, warnings, and access control.

(1) All blasting signs required to be posted shall be of uniform design throughout the operation, easily visible, and made of durable material. These signs shall be maintained during all operations to which they pertain and shall conform to local ordinances and codes.

(2) The permittee shall conspicuously place signs reading "BLASTING AREA" along the edge of any blasting area that comes within one hundred feet of any public road right-of-way, and at the edge of blasting areas along access and haul roads within the permit area. In addition to "BLASTING AREA," such signs may include supplemental words or phrases such as "danger" or "do not enter."

(3) At all entrances to the permit area from any road, the permittee shall conspicuously place signs that state "WARNING! EXPLOSIVES IN USE" which clearly explain the meaning of the audible warning and all-clear signals in use.

(4) For each blast, the blaster-in-charge shall define the limits of the blasting area where danger from flyrock exists. The permittee shall be responsible for controlling access to the blasting area to prevent the presence of livestock or unauthorized persons at least ten minutes before each blast, and until the blaster-in-charge has determined that no unusual hazards, such as imminent slides or undetonated charges, exist, and access to and travel within the blasting area can safely resume. The permittee shall not allow anyone to re-enter the blasting area until the blaster-in-charge has confirmed that the all-clear signal has been sounded.

(5) At least one minute, but not more than two minutes before the detonation of a blast, the blaster-in-charge, or someone directed by the blaster-in-charge, shall give an audible warning signal. If the blast is not detonated within two minutes of the audible warning signal, the warning signal shall be repeated as required by this paragraph before the blast is detonated. After the blast has been detonated and the blaster-in-charge has confirmed that the blast area is safe to re-enter, an audible all-clear signal shall be given.

(6) Warning and all clear signals, to be produced by an airhorn, siren or similar device, shall be audible to at least one thousand feet in all directions from the blast site. The warning signal shall consist of three long sounds, each lasting at least five seconds. The all-clear signal shall consist of one long sound lasting at least five seconds.

(D) Control of adverse effects.

(1) Blasting shall be conducted in a manner that prevents injury to persons and damage to public or private property outside the area for which a permit was issued.

(2) "Flyrock," defined as rock, mud or debris (excluding dust or detonation byproducts) ejected from the blast site by the force of a blast, shall not be cast beyond the permit boundary.

(a) If flyrock is cast beyond the permit boundary, the certified blaster shall notify the division of mineral resources management by telephone within two hours after learning of the flyrock incident, and submit a flyrock incident report to the division within three business days after learning of the incident. The report shall be signed by the blaster-in-charge who conducted the blast . The report shall include, at a minimum, a copy of the blast record and all available seismographic data, a sketch of the blast site and rock deposition area, and a detailed explanation of: how the blasts were designed and loaded; who witnessed the blast and where they were located and what they observed; the location and nature of the flyrock deposition (including property owners, type and approximate number of rocks, size and distance range), property damages (if any) and personal injuries (if any); what measures have been taken to repair all property damages (if any) and address all personal injuries (if any); the probable cause of the flyrock incident; and the corrective measures to be taken to prevent another flyrock incident.

(3) Ground vibration, when measured at any dwelling, public or commercial building, school, church, or community or institutional building located outside the permit area and not owned by the permittee, shall not exceed the frequency-dependent particle velocity limits illustrated below, from the "Report of Investigations 8507, Appendix B: Alternative Blasting Level Criteria (1980)," published by the former U.S. Bureau of Mines. When applying the frequency-dependent particle velocity limits, the lower plateau at 0.50 inches per second shall apply at its corresponding frequencies to the nearest dwelling or building listed above, unless the permittee submits to the chief site-specific technical evidence to support application of the higher plateau at 0.75 inches per second, and the chief approves a blast plan modification to that effect.

image: oh/admin/2014/1501$14-3-04_ph_ff_a_ru_20110926_1045-1.jpg

(4) Airblast, when measured at any dwelling or building listed in paragraph (D)(3) of this rule shall not exceed one hundred thirty-three decibels.

(5) A seismograph shall be used beside the nearest dwelling or building in paragraph (D)(3) of this rule to demonstrate compliance with the ground vibration and airblast limits of paragraphs (D)(3) and (D)(4) of this rule. As an alternative to seismographic monitoring, the blast shall comply with the scaled distance equation, W = (D/90)2, where W is the maximum weight of explosives, in pounds, that can be detonated within any period less than eight milliseconds, D is the distance, in feet, from the nearest blasthole to the nearest dwelling or building in paragraph (D)(3) of this rule, and ninety is the applicable scaled distance factor.

(6) For structures not listed in paragraph (D)(3) of this rule, such as oil or gas wells, oil or gas transmission and distribution lines, high-voltage steel transmission towers, public water lines, dams, silos, and unoccupied barns and pole buildings, located outside the permit area and not owned by the permittee, a seismograph shall be used beside the nearest structure to demonstrate that the peak particle velocity did not exceed 2.0 inches per second. As an alternative to seismographic monitoring, the blast shall comply with the scaled distance equation, W = (D/40)2, where W is the maximum weight of explosives, in pounds, that can be detonated within any period less than eight milliseconds, D is the distance, in feet, from the nearest blasthole to the nearest structure, and forty is the applicable scaled distance factor. A higher peak particle velocity limit may be approved for a specific structure if the permittee submits to the chief site-specific technical evidence to support the higher limit, and the chief approves a blast plan modification to that effect.

(7) Any or all of the ground vibration and airblast limits in paragraphs (D)(3), (D)(4) and (D)(6) of this rule may be waived by the current owner or controlling authority of the dwelling, building or structure, provided such waiver is in the form of a written consent, submitted to the division of mineral resources management upon application for a new permit or an amendment to add acreage to an existing permit, or with a request to modify a mining and reclamation plan, and approved by the chief.

(8) All seismographs used to prove compliance with the ground vibration and airblast limits required by this rule shall have seismic and acoustic systems with a minimum frequency range of two to two hundred fifty hertz, with accuracies that meet or exceed the performance specifications for blasting seismographs adopted by the international society of explosives engineers on February 17, 2000 , available from the "International Society of Explosives Engineers, Blast Vibrations and Seismograph Section, 30325 Bainbridge Road, Cleveland, OH 44139" or at the website http://isee.org/sections/2SeisPerfSpecs00.pdf. The ground vibration shall be measured as the particle velocity and recorded in three mutually perpendicular directions. The maximum allowable frequency-dependent particle velocity limits and peak particle velocity limits in this rule shall apply in each of the three directions of measurement. Whenever possible, the seismographic measurement shall be made within ten feet of the building or structure being monitored, on the side of the building or structure closest to the blast site.

(9) Any person who operates a seismograph for the purpose of demonstrating compliance with the ground vibration and airblast limits of this rule shall have received appropriate training, for the specific seismograph model(s) in use, in: programming the seismograph(s) to record the blast ; positioning the geophone and microphone ; coupling the geophone to the ground ; extracting the data after the blast in digital and printed form ; and understanding the results. Such training shall be received from a representative of the seismograph manufacturer or distributor, or other competent person. A record of such training shall be maintained by the seismograph operator or his or her employer, and made available for inspection by the chief or his or her authorized representative upon request.

(E) Blast records.

(1) The permittee shall retain a record of all blasts for at least three years, and shall make those records available for inspection upon request by the chief or an authorized representative of the chief.

(2) Where blast records are normally kept at an office of the permittee not located on the permit site, the record for each blast shall be on file at that office within five business days after the blast is detonated.

(3) Blast records shall be accurately completed at the mine site by the blaster-in-charge, and shall contain the following data for each blast:

(a) Name of the permittee and permit number;

(b) Name of the firm conducting the blast, if different from the permittee;

(c) Location, date, and time of blast;

(d) Printed name, signature, and certification number of the blaster-in-charge, and the name of each person on the blasting crew;

(e) Relative to the nearest blasthole, the identification of, distance to, direction to, and method used to determine the distance and direction to, the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area that is not owned by the permittee. The direction shall be stated in degrees, as an azimuth from zero to three hundred sixty degrees. The distance shall be stated in feet, as derived from an aerial photo, a topographic map, conventional field measurement devices (e.g., measuring tape or transit), or electronic devices (e.g., laser-ranging or global positioning system units);

(f) Weather conditions, including temperature and approximate wind direction and velocity;

(g) Type of material blasted;

(h) Number, diameter, and depth of holes;

(i) Depth of subdrilling, where applicable;

(j) Burden and spacing dimensions;

(k) Type, manufacturer, and amount of explosives used, including bulk, bagged, or cartridged explosives, detonating cord, primers, and surface and in-hole delay detonators;

(l) Total weight of explosives used;

(m) Weight of explosives used per hole;

(n) Maximum number of holes and maximum weight of explosives detonated within any period less than eight milliseconds;

(o) The actual scaled distance factor, expressed as the distance from the nearest blasthole to the nearest dwelling or building in paragraph (E)(3)(e) of this rule, divided by the square-root of the maximum weight of explosives detonated in any period less than eight milliseconds;

(p) Type of initiation system used, including the type of blasting machine or other power source, and the types of trunkline and downline systems, if not readily apparent from other information in the blast record ;

(q) Sequential timer setting, in milliseconds, if applicable;

(r) Type and length of stemming used per hole ;

(s) Sketch of the blast pattern showing all holes, delay pattern (including initiation hole, and hole-to-hole and row-to-row delay detonator locations and periods), location of free faces and previously blasted material, and a north arrow;

(t) Sketch of a typical blasthole cross-section showing the depth and location of stemming and explosive decks, primers, and delay detonators ;

(u) Mats or other special protections used;

(v) Seismographic records, when required for compliance, shall be attached to the blast record within fourteen days of the blast, and shall include:

(i) Make, model and serial number of the seismograph, seismic and acoustic trigger levels, and most recent annual calibration date;

(ii) Exact location of the instrument and distance from the blast, and the date and time of the recorded blast event;

(iii) Name of the person and firm operating the seismograph;

(iv) Full waveform printout, including: three mutually perpendicular channels of ground vibration and an airblast channel ; dynamic calibration results ; a plot of particle velocity versus frequency with a comparison to the frequency-dependent blast vibration limits in paragraph (D)(3) of this rule, based on a half-cycle zero-crossing analysis method; and the peak particle velocity and airblast levels; and

(v) If the seismograph fails to be triggered by the blast, a printout showing the date and time the seismograph was armed and ready to record a blast and the date and time the seismograph was disarmed or shut down, or a written statement including the above information, signed by the seismograph operator and attached to the blast record ; and

(w) Reasons and conditions for a late or unscheduled blast.

Effective: 10/06/2011
R.C. 119.032 review dates: 07/14/2011 and 10/06/2016
Promulgated Under: 119.03
Statutory Authority: 1514.12
Rule Amplifies: 1514.011 , 1514.02 , 1514.12
Prior Effective Dates: 3/24/75, 5/1/03

1501:14-3-05 Underground water supplies.

(A) To insure that contamination, resulting from mining, of underground water supplies is prevented, the operator shall comply with the following conditions and requirements:

(1) Promptly seal all auger holes with non-acid producing, impervious material to a compacted depth of four feet above the top of the mineral or coal seam, which seal shall be maintained until the auger hole is permanently sealed as approved in the mining and reclamation plan, provided that auger holes that are not located near the base of the highwall are not required to be sealed;

(2) Cover any acid producing materials located in the bottom of the pit and any coal seam located near the base of the highwall with non-acid producing material to a minimum depth of three feet;

(3) Seal all shafts, boreholes, wells and other openings that are intercepted during mining in such a manner that contamination of underground water supplies shall be prevented; and

(4) When an underground mine is intercepted and the operator does not intend to mine the underground works, seal the opening with compacted, impervious materials to a depth of three times the greater dimension of the opening unless otherwise approved in an amended mining and reclamation plan. Such seal shall be inspected and approved by the chief or his or her representative before backfilling the area.

(B) To prevent impacts of dewatering from the drilling of boreholes or test holes that have groundwater flowing to the surface, the operator shall, for any borehole or test hole that contains groundwater which is flowing to the surface, plug the borehole or test hole within thirty days of drilling to cease the flowing of groundwater to the surface.

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 , 1514.08
Prior Effective Dates: 3/24/75

1501:14-3-06 Final slopes.

The operator shall:

(A) Grade, contour, or terrace the final slopes to a slope angle sufficient to achieve soil stability and control landslides, erosion, and sedimentation. Slopes with a slope angle of eighteen (18) degrees or less shall be presumed sufficient. Highwalls retained as part of the intended future use shall not be regarded as final slopes; and

(B) Establish diversion ditches with controlled outlets on any final slopes sufficient to achieve soil stability and control landslides, erosion, and sedimentation.

R.C. 119.032 review dates: 07/14/2011 and 07/14/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.011 , 1514.02 , 1514.08
Prior Effective Dates: 3/24/75

1501:14-3-07 Final highwalls.

To insure public safety when highwalls are retained as part of the intended future use, the operator shall:

(A) Design the procedures to detonate explosives in a manner that the final highwall will not be fractured to an unstable condition;

(B) Stabilize any unstable final highwalls;

(1) Lime mining waste used to backfill highwalls. An angle of eighteen degrees or less, in accordance with paragraph (A) of rule 1501:14-3-06 of the Administrative Code, from the top of the highwall to the quarry floor shall be deemed acceptable with a minimum of four feet of non-toxic earthen material covering the submerged slope, with an additional six inches of topsoil used to cap any exposed slope, then planted to a diverse vegetative cover in accordance with Chapter 1501:14-3 of the Administrative Code. An alternative plan for cover or treatment may be approved by the chief based upon a showing by the applicant that, at a minimum, the alternative plan is as effective as four feet of cover for protecting water quality and sustaining vegetative growth.

(C) Provide egress from the pit area;

(D) Restrict access to the highwall as approached from the top; and

(E) Perform other measures as are necessary to insure public safety because of the particular site conditions.

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 , 1514.12
Rule Amplifies: 1514.011 , 1514.02 , 1514.081 , 1514.12
Prior Effective Dates: 3/24/75, 8/1/05

1501:14-3-08 Resoiling.

To raise and maintain a diverse growth of vegetative cover capable of self-regeneration and plant succession, the operator shall comply with the following requirements and conditions:

(A) Remove and segregate topsoil or subsoil in sufficient quantities to redistribute over the surface of the affected area in accordance with paragraphs (C) and (D) of this rule;

(B) Store or stockpile the segregated topsoil or subsoil in a manner and location so that it will be protected from contamination or loss and be maintained in a condition suitable to establish and maintain a diverse vegetative cover;

(C) Resoil with topsoil or subsoil the surface of each affected area where the surface is not capable of establishing and maintaining a diverse growth of vegetation;

(D) Resoil with topsoil or subsoil to a minimum compacted depth of eight inches on any surface which contains acid producing materials, and to a compacted depth of six inches on all other surfaces required to be resoiled by paragraph (C) of this rule;

(E) If resoiling is required in accordance with paragraph (C) of this rule but topsoil and subsoil are not present on the area or are present in insufficient quantities to comply with paragraph (D) of this rule, the operator shall segregate and store in accordance with paragraphs (A), (B) and (D) of this rule, all available topsoil, available subsoil, and the substitute resoiling material as approved in the mining and reclamation plan; and

(F) Condition the surface of the affected area to be planted to establish a suitable seedbed.

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 , 1514.08
Prior Effective Dates: 3/24/75

1501:14-3-09 Soil amendments.

To establish and maintain a diverse growth of permanent vegetation adequate to bind the soil and to control soil erosion and sedimentation, the operator shall:

(A) Apply lime to the surface of the area to be planted in the amounts and analyses recommended by the results of standard soil tests for acidity, consistent with the land-management objectives and the type of vegetation to be established;

(B) Apply fertilizer to the surface of the area to be planted in the amounts and analyses recommended by the results of standard soil tests, consistent with the land-management objectives and the type of vegetation to be established;

(C) Apply soil stabilizers and/or mulch where necessary to promote seed germination and where necessary for reasons of the slope length or slope angle to control erosion or sedimentation; and

(D) Apply soil amendments other than lime, fertilizer, or mulch, consistent with the requirements of paragraphs (A), (B), and (C) of this rule, as approved in the mining and reclamation plan.

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 , 1514.08
Prior Effective Dates: 3/24/75

1501:14-3-10 Revegetation.

To establish a diverse permanent vegetative cover capable of self-regeneration, plant succession, and to control soil erosion, the operator shall comply with the following conditions and requirements:

(A) Permanent planting shall be completed on the surface of the affected area immediately upon the completion of any required grading or resoiling except when the grading and resoiling are completed within a season that is not suitable for planting, in which case the permanent planting shall be completed at the earliest possible time within the next appropriate planting season;

(B) The permanent planting shall contain species of perennial grasses and legumes unless otherwise required by the future intended use and approved in the mining and reclamation plan. Small grains or fast-growing annual grasses may be used to provide adequate cover to control erosion and shall later be replaced by perennial species;

(C) Trees shall be planted in the species, amounts and spacing as are consistent with the intended future use and approved in the mining and reclamation plan;

(D) The permanent vegetation shall be deemed to be a successful diverse vegetative cover capable of self-regeneration and plant succession if the vegetation planted in accordance with paragraph (B) of this rule has survived two growing seasons and if the permanent vegetative cover has been established and maintained in accordance with the following standards:

(1) Any individual barren area shall not exceed 0.3 per cent of the total affected area for which the "Request for Approval of Planting and All Other Reclamation" has been submitted;

(2) The total barren area shall not exceed 1.0 per cent of the total affected area for which the "Request for Approval of Planting and All Other Reclamation" has been submitted;

(3) The total sparse area shall not exceed 10 per cent of the total affected area for which the "Request for Approval of Planting and All Other Reclamation" has been submitted; and

(4) For purposes of this rule, barren area means any area with permanent vegetative cover equal to or less than 30 per cent, and sparse area means any area with permanent vegetative cover greater than 30 per cent but less than 75 per cent; and

(E) If agricultural crops required by the future intended use are planted in lieu of the permanent planting required in paragraph (B) of this rule and as approved in the mining and reclamation plan, such crops shall be raised and managed for two years in accordance with good farming practices.

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 , 1514.08
Prior Effective Dates: 3/24/75

1501:14-3-11 Construction of dams, dikes, diversions, impoundments, and drainage channels.

To prevent damage to adjoining property from flooding, landslides, and flood hazards resulting from mining operations, the operator shall:

(A) Construct necessary sediment and flood control impoundments that shall:

(1) Have a minimum storage capacity below the crest of the principal spillway of 0.2 acre-feet per acre of disturbed area within the watershed;

(2) Be located within each affected watershed;

(3) Have primary and secondary spillway systems capable of safely passing the required peak design flows without endangering the safety of the dam;

(4) Include means of dissipating the energy of flow at the spillway outlets without eroding the dam or the downstream channel;

(5) Have vegetation established on the slopes of the impoundments and the dam to prevent erosion; and

(6) Be cleaned out whenever sediment fills half the minimum storage capacity of the impoundment, which sediment shall be disposed of in a manner consistent with the intended future use of the area;

(B) Construct dikes, diversions, and drainage channels that shall:

(1) Direct drainage from the affected area to sediment and flood control impoundments and divert runoff around or away from the affected areas;

(2) Protect existing natural streams; and

(3) Be constructed with sufficient capacity to safely carry peak design flows.

(C) Use impervious materials to construct all dams, dikes, and drainage channels. Where impervious materials are not available at the site, the Chief may approve use of alternate materials, designs, or methods;

(D) Assure that water controlled by pumping or other mechanical methods is controlled in a manner that will prevent damage to adjoining property;

(E) Comply with all Federal, State, or local laws applicable to the design, construction, operation, and maintenance of dams, dikes, diversions, drainage channels, and impoundments; and

(F) Reclaim all dams, dikes, diversions, drainage channels, and impoundments unless specified as permanent structures in the Mining and Reclamation Plan.

R.C. 119.032 review dates: 07/14/2011 and 07/14/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.011 , 1514.02 , 1514.08
Prior Effective Dates: 3/24/75

1501:14-3-12 Beneficial Quarry Fill.

Lime mining waste as quarry fill.

Lime mining wastes may be placed in a mined out area of a quarry in order to achieve the approximate original elevation. The operator shall, transport, backfill and compact where applicable to ensure stability. The reclaimed surface shall be resoiled with a minimum of four feet of non-toxic earthen material and a minimum of six inches of topsoil unless an alternative plan for cover or treatment is approved by the chief based upon a showing by the applicant that the alternative plan is as effective for protecting water quality and sustaining vegetative growth. The graded surface shall be revegetated in accordance with this chapter. All exposed slopes shall be constructed to eighteen degrees from the top of the fill to the bottom of the quarry floor with the appropriate earthen cover.

Effective: 08/01/2005
R.C. 119.032 review dates: 08/01/2010
Promulgated Under: 119.03
Statutory Authority: 1514.08 , 1514.081
Rule Amplifies: 1514.02

1501:14-3-13 Controlled placement of lime mining wastes (LMW).

Transportation and compaction

(A) When transporting, placing and compacting LMW, the permittee shall comply with all applicable emission controls required by Chapter 3704. of the Revised Code and the rules thereunder;

(B) LMW shall be placed in a controlled manner to prevent mass movement;

(C) The placement area shall be constructed to minimize the infiltration of water;

(D) The placement areas shall be within the permit, shown as affected or proposed to be affected and bonded;

(E) The final configuration shall be compatible with the natural drainage pattern and surroundings and suitable for intended uses;

(F) The design of LMW placement area shall be certified by a qualified registered engineer in conformance with professional standards;

(G) The permittee shall minimize disturbances and adverse impacts of the operation of fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable; and

(H) The placement and use of LMW shall be protective of human health and the environment and not damage public or private property.

Effective: 08/01/2005
R.C. 119.032 review dates: 08/01/2010
Promulgated Under: 119.03
Statutory Authority: 1514.08 , 1514.081
Rule Amplifies: 1514.02