1501:14-4-04 Abandonment.

(A) A mining area may be considered abandoned if:

(1) The land surface has been affected by mining and less than two hundred fifty tons of mineral have been produced for a period of twelve months, as reported in annual reports submitted by the permittee and verified by the chief;

(2) Inspections made by the division of mneral resources management verify that no additional minerals have been produced; or

(3) There is other evidence to indicate that the permittee does not have the ability to continue the mining operation.

(B) If any of the provisions under paragraph (A) of this rule apply to the permit, 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.

HISTORY: Eff 3-24-75; 9-7-96; 2-15-03

Rule promulgated under: RC 119.03

Rule authorized by: RC 1514.02

Rule amplifies: RC 1514.03

R.C. 119.032 review dates: 10/29/2002 and 02/15/2008