Chapter 1501:14-4 Geological Data Report; Abandonment

1501:14-4-01 Geological data report.

(A) Each application for a surface mining permit shall contain a report, on forms prescribed by the chief, of the results of test borings for each mining area that the operator has conducted or otherwise has readily available. The location from which the test boring results are determined shall include the complete stratigraphic column to be affected and shall be shown on all maps. More than one test boring report may be required where necessary to adequately show the stratigraphic column in the mining area. The report shall include the following information for each stratum to be affected:

(1) The thickness of each stratum of overburden, mineral or coal deposit as it occurs in its natural state, from the surface to at least five feet below the deepest level of mining;

(2) The name and geologic description of each stratum; and

(3) An identification of the strata to be produced.

(B) For those operations located in coal bearing regions of Ohio, each stratum to be excavated within the permit area, with the exception of topsoil, subsoil, limestone, and any other mineral to be produced, shall be designated as acid producing or non-acid producing. Strata designated as acid producing shall be handled in accordance with rule 1501:14-3-02 of the Administrative Code. Any strata designated as non-acid producing shall be analyzed by a competent commercial laboratory or its equivalent, as approved by the chief, for the pH and the calcium carbonate deficiency according to the following procedures:

(1) For pH: The contents of all samples shall be reduced to such size as will permit the particles of the entire sample to pass through a 250 micron sieve, size 60 ASTM. All samples shall be tested by measuring the pH of a 2:1 soil (or pulverized rock) distilled water mixture, or a saturated paste of the soil using distilled water, with a glass electrode pH meter. The method used shall be described on an attachment to the test boring report; and

(2) For the calcium carbonate deficiency:

(a) Sulfur content: The content of all samples shall be reduced to such size as will permit the particles of the entire sample to pass through a 250 micron sieve, size 60 ASTM. Samples shall be analyzed for either total sulfur content or pyritic sulfur content by standard recognized analytical methods such as ASTM international methods of analyses for total sulfur content. The website for ASTM international is http://www.astm.org.

If samples are not fractionated to provide analyses of only pyritic sulfur content, analyses showing total sulfur content will be presumed to indicate pyritic sulfur content;

(b) Neutralization potential: The contents of all samples shall be reduced to such size as will permit the particles of the entire sample to pass through a 250 micron sieve, size 60 ASTM. Samples shall be analyzed by standard recognized analytical methods; and

(c) Calcium carbonate deficiency: Multiply the percentage of sulfur content by 31.24 and subtract from the product the total neutralization potential expressed in units of tons per thousand tons of material.

(C) Results of tests conducted in accordance with paragraph (B) of this rule shall be submitted with the geological data report.

(D) If test borings have not been conducted or are not readily available in an area that is being or has been mined, the information required in paragraphs (A) and (B) of this rule may be determined from an existing mining face where the strata to be affected are exposed.

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

1501:14-4-02 Cross sections.

A cross section or cross sections shall be submitted with the application map for each mining area to be affected. Such cross section shall:

(A) Be sufficient to show the proposed land form of each mining area; and

(B) Be submitted in sufficient detail and quantity and be located in such a manner to show any significant dissimilar final land configurations in the mining area.

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

1501:14-4-03 Completion dates.

The operator shall specify, on each annual report and on the final report, the date on which surface mining operations were completed, terminated, or abandoned, if any such operations were completed, terminated, or abandoned, for each area of land affected during the reporting period.

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 , 1514.03 , 1514.08
Prior Effective Dates: 3/24/75

1501:14-4-04 Abandoned and inactive mining areas.

(A) A mining area may be considered abandoned if the chief finds, as a result of an inspection, evidence to indicate that the permittee does not have the ability to continue the mining operation.

(B) If the chief finds evidence pursuant to paragraph (A) of this rule , the chief shall notify the permittee through certified mail that the mining area may be declared abandoned.

(C) The permittee may, within thirty days after receipt of notification by the chief declaring that the mining area may be declared abandoned, submit sufficient evidence to the chief that the surface mining operation on such mining area is in fact not abandoned.

(D) If the permittee fails to submit sufficient evidence in accordance with paragraph (C) of this rule, the chief shall issue an order declaring the mining area abandoned.

(1) If a mining area is declared to be abandoned under paragraph (D) of this rule and there has been no incidental production of coal, the permittee shall comply with the requirements of Chapter 1514. of the Revised Code.

(2) If a mining area that has been declared to be abandoned under paragraph (D) of this rule has involved the incidental production of coal, and the permittee has complied with the requirements for and conditions of exemption for coal extraction incidental to the extraction of other minerals under rule 1501:13-4-16 of the Administrative Code, the permittee shall comply with the requirements of Chapter 1514. of the Revised Code. If the permittee has failed to comply with the requirements for and conditions of exemption for coal extraction incidental to the extraction of other minerals under rule 1501:13-4-16 of the Administrative Code, the chief shall revoke the exemption and take enforcement in accordance with rule 1501:13-5-03 of the Administrative Code.

(E) The chief may consider a mining area inactive and not abandoned if:

(1) The permittee submits an annual report indicating that the surface mining operation is inactive; and

(2) The permittee remains in compliance with all requirements of Chapter 1514. of the Administrative Code.

Effective: 10/06/2011
R.C. 119.032 review dates: 07/14/2011 and 10/06/2016
Promulgated Under: 119.03
Statutory Authority: 1514.02
Rule Amplifies: 1514.011 , 1514.02 , 1514.021 , 1514.03 , 1514.05 , 1514.07
Prior Effective Dates: 3/24/75, 9/7/96, 2/15/03