Chapter 1501:13-11 Transportation and Support Facilities and Utility Installation

1501:13-11-01 Other transportation facilities.

Railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tramways, or other transportation facilities shall be designed, constructed or reconstructed, and maintained and the area restored to:

(A) Prevent, to the extent possible using the best technology currently available:

(1) Damage to fish, wildlife, and related environmental values; and

(2) Additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of state or federal law.

(B) Control and minimize diminution or degradation of water quality and quantity;

(C) Control and minimize erosion and siltation; and

(D) Prevent damage to public or private property.

Five Year Review (FYR) Dates: 11/02/2015 and 11/02/2020
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 9/1/77, 8/28/78, 5/1/80, 8/16/82 (Emer.), 10/27/82

1501:13-11-02 Support facilities and utility installations.

(A) Each applicant for a coal mining and reclamation permit shall submit a description, plans and drawings for each support facility to be constructed, used or maintained within the proposed permit area, in addition to mapping of certain support facilitiesas required in paragraphs (A)(30) to (A)(36) of rule 1501:13-4-08 of the Administrative Code and paragraph (A)(23) of rule 1501:13-4-08.1 of the Administrative Code, submittal of narrative explanations and descriptions as required in paragraphs (A)(2)(b) and (B)(1)(d) of rules 1501:13-4-05 and 1501:13-4-14 of the Administrative Code, and submittal of descriptions, including maps and cross-sections, as required in paragraph (M) of rule 1501:13-4-05 of the Administrative Code and paragraph (L) of rule 1501:13-4-14 of the Administrative Code. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with paragraph (B) of this rule.

(B) Support facilities required for, or used incidentally to, the operation of the mine, including, but not limited to, mine buildings, coal loading facilities at or near the minesite, coal storage facilities, equipment storage facilities, fan buildings, hoist buildings, preparation plants, sheds, shops, and other buildings, shall be designed, constructed or reconstructed and located to prevent or control erosion and siltation, water pollution, and damage to public or private property. Support facilities shall be designed, constructed or reconstructed, maintained and used in a manner which prevents, to the extent possible using the best technology currently available:

(1) Damage to fish, wildlife, and related environmental values;

(2) Additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of state or federal law.

(C) All coal mining operations shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells, oil, gas, and coal-slurry pipelines, railroads, electric lines, telephone and other telecommunication lines, and water and sewage lines which pass over, under, or through the permit area, unless otherwise approved by the owner of those facilities and the chief.

Effective: 1/17/2016
Five Year Review (FYR) Dates: 11/02/2015 and 01/16/2021
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 8/16/82 (Emer.), 10/27/82, 1/01/93