Chapter 1501:13-9 Identification of Mine Area: Environmental Integrity; Postmining Use of Land

1501:13-9-01 Signs and markers.

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

(B) Signs identifying the mine area shall be displayed at all points of access to the permit area from public roads. Signs shall clearly show the name, business address, and telephone number of the permittee and the permit number issued by the division of mineral resources management. Such signs shall not be removed until after release of all performance security.

(C) An applicant shall define the perimeter of the proposed permit area by means of clearly visible markers prior to filing an application for a permit. Such markers shall substantially comply with the following:

(1) Markers shall include, but shall not be limited to, fence posts, trees, engineering lath or stakes;

(2) Markers shall be either marked with six inches of orange paint, or marked with an orange plastic flag, approximately three feet above the ground;

(3) Each marker shall be firmly placed with at least three feet extending above ground; and

(4) Markers shall be located so that they clearly define the limits of the proposed permit area and so that when a person is standing at any marker on the proposed permit boundary, the adjacent markers in either direction are visible.

(5) All perimeter markers shall be maintained with reasonable diligence in place until final grading is approved.

(6) This rule does not apply to that portion of any perimeter which overlaps or is contiguous to an area currently permitted to the same operator.

(D) Where topsoil or other vegetation-supporting material is segregated and stockpiled according to rule 1501:13-9-03 of the Administrative Code, the stockpiled material shall be marked. Markers shall remain in place until the material is removed.

(E) Buffer zones shall be marked along their boundaries as required by paragraph (C) of this rule.

Effective: 04/30/2009
R.C. 119.032 review dates: 02/06/2009 and 04/20/2014
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 8/28/78, 10/27/82, 10/21/88

1501:13-9-02 Casing and sealing of drilled holes.

(A) General requirements. Each exploration hole, other drill or borehole, shaft, well, or other exposed mine opening shall be cased, sealed, or otherwise managed, as approved by the chief to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery in the permit and adjacent areas. If these openings are uncovered or exposed by coal mining activities within the permit area they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the chief. Use of a drilled and cased hole or borehole or monitoring well as a a water well must meet the provisions of rule 1501:13-9-04 of the Administrative Code. This rule does not apply to holes solely drilled and used for blasting.

(B) Temporary sealing of drilled holes.

(1) For all coal mining operations, each exploration hole, other drill or boreholes, wells, and other exposed openings which have been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor ground water conditions, shall be temporarily sealed before use and protected during use by barricades, fences, or other protective devices approved by the chief. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the coal mining activities.

(2) For underground mining operations only, each mine entry which is temporarily inactive, but has a further projected useful service under the approved permit application, shall be protected by barricades or other covering devices, fenced, and posted with signs, to prevent access into the entry and to identify the hazardous nature of the opening. These devices shall be periodically inspected and maintained in good condition by the person who conducts the underground mining activities.

(C) Permanent sealing of drilled holes. When no longer needed for monitoring or other use approved by the chief upon a finding of no adverse environmental or health and safety dffect, or unless approved for transfer as a water well under rule 1501:13-9-04 of the Administrative Code, each exploration hole, other drilled hole or borehole, well, and other exposed opening, and for underground mining operations each shaft, drift, adit, tunnel, exploratory hole, entryway or other opening to the surface from underground, shall be capped, sealed, backfilled, or otherwise properly managed, as required by the chief under paragraph (A) of this rule. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish, and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters.

R.C. 119.032 review dates: 05/12/2005 and 05/12/2010

Promulgated Under: 119.03

Statutory Authority: 1513.02

Rule Amplifies: 1513.16

Prior Effective Dates: 10/27/82

1501:13-9-03 Topsoil handling.

(A) To prevent topsoil from being contaminated by spoil or waste materials or otherwise wasted, the permittee or operator shall remove the topsoil as a separate operation from areas to be disturbed. Topsoil shall be immediately redistributed according to the requirements of paragraph (C) of this rule on areas graded to the approved postmining configuration. The topsoil shall be segregated, stockpiled, and protected from wind and water erosion and from contaminants which lessen its capability to support vegetation if sufficient graded areas are not immediately available for redistribution. Areas of surplus soil materials may be identified for use in future reclamation.

(B) Topsoil to be salvaged shall be removed before any drilling for blasting, mining, spoil or other surface disturbance.

(1) All topsoil shall be removed and if the topsoil is less than six inches, a six-inch layer that includes the topsoil and the unconsolidated materials immediately below the "A" horizon shall be removed and segregated for resoiling, unless an alternative material is approved by the chief in accordance with paragraph (B)(3) of this rule.

(2) Where necessary to obtain soil productivity consistent with postmining land use, the chief may require that the subsoil be segregated and replaced prior to the redistribution of the topsoil.

(3) Alternative resoiling materials may be used instead of, or as a supplement to, topsoil where the resulting soil medium is equal to or more suitable for vegetation or if the topsoil is of insufficient quantity or quality for sustaining vegetation and if all the following requirements are met:

(a) The applicant or permittee demonstrates that the alternative resoiling materials, or an overburden topsoil mixture is more suitable for restoring land capability and productivity by the results of chemical and physical analyses. These analyses shall include determinations of pH, per cent organic material, phosphorus, potassium, and texture class, and such other analyses as required by the chief . The chief may require the results of field-site trials or greenhouse tests be used to demonstrate the feasibility of using such alternative resoiling;

(b) The chemical and physical analysis and the results of field-site trials and greenhouse tests are accompanied by a certification from a qualified soil scientist or agronomist; and

(c) If alternative resoiling materials are used, such materials are removed, segregated, and replaced in conformance with this rule.

(4) If there is insufficient topsoil on the permit area, the applicant or permittee shall:

(a) Identify the alternative resoiling materials to be used for resoiling;

(b) Submit the results of the analysis required by paragraph (B)(3)(a) of this rule;

(c) Submit certification by a qualified soil scientist or agronomist that the alternative resoiling materials are suitable for establishing the permanent vegetative species proposed by the applicant in the mining and reclamation plan; and

(d) If alternative resoiling materials are to be used, submit a plan, where appropriate, for the removal, segregation, and replacement of such materials.

(5) Limits on topsoil removal area. Where the removal of vegetation materials, topsoil, or other materials may result in erosion which may cause air or water pollution:

(a) The size of the area from which topsoil is removed at any one time shall be limited;

(b) The surface soil layer shall be redistributed at a time when the physical and chemical properties of topsoil can be protected and erosion can be minimized; and

(c) Such other measures shall be taken as the chief may approve or require to control erosion.

(6) The chief may choose not to require the removal of topsoil for minor disturbances which:

(a) Occur at the site of small structures, such as power poles, signs, or fence lines; or

(b) Will not destroy the existing vegetation and will not cause erosion.

(C) Final grading and replacement of topsoil. Final grading shall follow the completion of backfilling and rough grading within a time that will allow replacement of topsoil or approved resoiling materials to begin and be completed during either the current normal period for favorable planting or at the start of the first appropriate normal period for favorable planting following final grading, whichever occurs first. After final grading and before the topsoil or approved alternative resoiling materials are replaced, regraded land shall be scarified or otherwise treated to eliminate slippage surfaces and to promote root penetration. Resoiling shall begin, continue reasonably uninterrupted, and be completed prior to the end of the normal period for favorable planting unless the permittee receives an extension of the time limit because of climatic conditions in accordance with paragraph (D) of this rule.Topsoil or approved alternative resoiling materials shall be redistributed in a manner that:

(1) Achieves an approximately uniform, stable thickness when consistent with the postmining land use, contours, and surface-water drainage systems. Soil thickness may also be varied to the extent such variations help meet the specific revegetation goals identified in the permit;

(2) Prevents excess compaction of the spoil and topsoil; and

(3) Protects from wind and water erosion before and after seeding and planting.

(D) If resoiling and protection of that resoiling cannot reasonably be done within a prescribed time limit because of climatic conditions existing at that time of the year, the permittee may apply to the chief for an extension of the time limit and the chief shall not issue a notice under paragraph (A) of rule 1501:13-7-06 of the Administrative Code during such time extension.

(E) If the permit allows storage of topsoil or approved alternative resoiling materials, such materials shall be placed on a stable area within the permit area where it will not be disturbed or exposed to excessive water, wind erosion, unnecessary compaction and contamination by undesirable materials. Stockpiled materials shall be protected from wind and water erosion, unnecessary compaction, and contaminants either by: an effective cover of non-noxious, quick-growing annual and perennial plants, seeded or planted during the first normal period after removal for favorable planting conditions; or other methods demonstrated and approved by the chief to provide equal protection. Unless approved by the chief, stockpiled topsoil or approved alternative resoiling materials shall not be moved until required for redistribution on a disturbed area.

(F) Nutrients and soil amendments in the amounts and analysis as determined by soil tests taken in accordance with agronomically acceptable practices shall be applied to the surface soil layer so that it will support the postmining requirements of rule 1501:13-9-17 of the Administrative Code and the revegetation requirements of rule 1501:13-9-15 of the Administrative Code.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 8/28/78, 5/1/80, 8/16/82 (Emer.), 10/27/82, 8/5/91, 07/28/05

1501:13-9-04 Protection of the hydrologic system.

(A) General. Mining shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance in both the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the requirements of mining and reclamation rules. The chief may require additional preventive, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.

(B) Water quality standards and effluent limitations.

(1) All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area until vegetation is established, at which time vegetation of the area may be the best technology currently available, provided that drainage from the area:

(a) Meets effluent limitations; and

(b) Does not contribute suspended solids to streamflow.

(2) Sedimentation ponds and other treatment facilities shall be maintained until the quality of the untreated drainage from the disturbed area meets the applicable state and federal water quality standard requirements.

(3) The chief may grant exemptions from the requirements of paragraph (B)(1) of this rule only when:

(a) The chief determines that the disturbed drainage area relative to the total disturbed area is small;

(b) Alternative sediment control measures are provided, if required by the chief; and

(c) The operator demonstrates that the drainage from the disturbed area will meet the effluent limitations of mining and reclamation rules.

(4) For the purposes of this rule only, "disturbed area" shall not include those areas in which only diversion ditches, sedimentation ponds, or roads are installed in accordance with this rule and rule 1501:13-10-01 of the Administrative Code and the upstream area is not otherwise disturbed by the person who conducts coal mining operations.

(5) Before mining commences in any watershed:

(a) A proper sediment control system including sedimentation ponds, diversions, and other treatment methods shall be constructed; and

(b) Upon completion of construction, this sediment control system shall be certified by an engineer or jointly by an engineer and a surveyor, to the extent such joint certification is required or permitted by the chief as meeting the dimensions and design criteria set forth in the engineering plans, drawings, and design details submitted as part of the application for a permit.

(6) Point source discharge of water from areas disturbed by coal mining operations shall be made in compliance with effluent limitations of all applicable federal and state laws and regulations. All other surface drainage shall not cause additional contributions of suspended solids to streamflows.

(7) Where the sedimentation pond or series of sedimentation ponds is used so as to result in the mixing of drainage from the disturbed areas with drainage from other areas not disturbed by current surface coal mining and reclamation operations, the permittee shall achieve the effluent limitations for all of the mixed drainage when it leaves the permit area.

(C) All facilities utilized by an operator to achieve compliance with federal and state water quality laws shall be properly installed, maintained and operated so that they will perform the functions for which they were designed, and shall be removed in accordance with this rule when no longer needed, unless they have been approved as part of the postmining land use.

(D) Sediment control measures.

(1) The purpose of this rule is to meet the applicable state and federal effluent limitations by means of a combination of sediment control measures which, taken together, comprise a complete sediment control system.

(2) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:

(a) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;

(b) Meet the more stringent of applicable state or federal effluent limitation; and

(c) Minimize erosion to the extent possible.

(3) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to:

(a) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling and grading, and prompt revegetation as required in rule 1501:13-9-15 of the Administrative Code.

(b) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of rule 1501:13-9-14 of the Administrative Code;

(c) Retaining sediment within disturbed areas;

(d) Diverting runoff away from disturbed areas;

(e) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;

(f) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and

(g) Treating with chemicals.

(E) Stream buffer zones.

(1) No land within one hundred feet of a perennial or intermittent stream shall be disturbed unless the chief specifically authorizes coal mining operations closer to or through such a stream. The chief may authorize such operations only upon finding that:

(a) The operations will not cause or contribute to the violation of applicable state or federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(b) If there will be a temporary or permanent stream channel diversion, it will comply with paragraph (F) of this rule.

(2) The area not to be disturbed shall be described as a buffer zone, and the operator shall mark it as specified by paragraph (E) of rule 1501:13-9-01 of the Administrative Code.

(F) Diversions.

(1) General requirements.

(a) With the approval of the chief, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of paragraph (G) of this rule for siltation structure removal, may be diverted away from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the chief under paragraph (Q) of this rule.

(b) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to:

(i) Be stable;

(ii) Provide protection against flooding and resultant damage to life and property;

(iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and

(iv) Comply with all applicable local, state, and federal laws and regulations.

(c) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with these rules. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.

(d) The chief may specify design criteria for diversions to meet the requirements of this rule.

(2) Diversion of perennial and intermittent streams.

(a) Diversion of perennial and intermittent streams within the permit area may be approved by the chief after making the finding relating to stream buffer zones that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream.

(b) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a ten-year, six hour precipitation event for a temporary diversion and a one-hundred-year, six hour precipitation event for a permanent diversion.

(d) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by an engineer as meeting the performance standards of Chapter 1501:13-9 of the Administrative Code and any design criteria set by the chief.

(3) Diversion of miscellaneous flows.

(a) Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the chief. Miscellaneous flows shall include ground-water discharges and ephemeral streams.

(b) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in paragraph (F)(1) of this rule.

(c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a two-year, six hour precipitation event for a temporary diversion and a ten-year, six hour precipitation event for a permanent diversion.

(G) Siltation structures.

(1) Definitions. For the purposes of this rule only:

(a) "Siltation structure" means a sedimentation pond, a series of sedimentation ponds, or other treatment facility;

(b) "Disturbed" area shall not include those areas:

(i) In which the only surface mining operations include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with mining and reclamation rules; and

(ii) For which the upstream area is not otherwise disturbed by the operator; and

(c) "Other treatment facility" means any chemical treatment, such as flocculation, or mechanical structure, such as a clarifier, that has a point-source discharge and that is utilized to prevent additional contribution of suspended solids to streamflow or runoff outside the permit area.

(2) General requirements.

(a) Additional contributions of suspended solids to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.

(b) All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (B)(3) or (G)(2)(e) of this rule.

(c) Siltation structures for an area shall be constructed before beginning any surface mining operations in that area and, upon construction, shall be certified by an engineer as being constructed as designed and as approved in the reclamation plan.

(d) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with paragraph (H) of this rule.

(e) Siltation structures shall be maintained until removal is authorized by the chief and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than two years after the last augmented seeding, unless, after vegetation is established, the operator demonstrates and the chief approves under paragraph (E)(1)(g) of rule 1501:13-4-05 or paragraph (E)(1)(f) of rule 1501:13-4-14 of the Administrative Code alternative methods of sediment control as the best technology currently available.

(f) When a siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and rule 1501:13-9-15 of the Administrative Code.

(3) Sedimentation ponds.

(a) When used, sedimentation ponds shall:

(i) Be used individually or in series;

(ii) Be located as near as possible to the disturbed area and out of perennial streams unless approved by the chief; and

(iii) Be designed, constructed, and maintained to:

(a) Provide adequate sediment storage volume;

(b) Provide adequate detention time to allow the effluent from the ponds to meet state and federal effluent limitations;

(c) Contain or treat the ten-year twenty-four hour precipitation event ("design event") unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and on a demonstration by the operator that the effluent limitations of this rule will be met;

(d) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraph (G)(3)(a)(iii)(b) of this rule;

(e) Minimize, to the extent possible, short circuiting;

(f) Provide periodic sediment removal sufficient to maintain adequate volume for the design event;

(g) Ensure against excessive settlement;

(h) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal-mine waste; and

(i) Be compacted properly.

(4) Other treatment facilities.

(a) Other treatment facilities shall be designed to treat the ten-year, twenty-four-hour precipitation event unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and a demonstration by the operator that the effluent limitations of this rule will be met.

(b) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph (G)(3) of this rule.

(H) Impoundments.

(1) General requirements. The requirements of paragraph (H)(1) of this rule apply to both temporary and permanent impoundments.

(a) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the class B or C criteria for dams in the U.S. department of agriculture, soil conservation service technical release no. 60, "Earth Dams and Reservoirs," 1985, (which is hereby incorporated by reference) shall comply with the design and construction requirements of paragraph (H) of this rule and either paragraphs (H)(1) and (H)(2) of rule 1501:13-4-05 or paragraphs (H)(1) and (H)(2) of rule 1501:13-4-14 of the Administrative Code. Copies of technical release no. 60 may be obtained from the national technical information service(NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, order No. PB87157509. Copies can be inspected at the division of mineral resources management headquarters office at 2045 Morse road, building H-3, Columbus, Ohio 43229.

(b) Design certification. The design of impoundments shall be certified in accordance with rule 1501:13-4-05 or 1501:13-4-14 of the Administrative Code as designed to meet the requirements of this rule using current, prudent, engineering practices and any design criteria established by the chief.

(c) Stability.

(i) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or the class B or C criteria for dams in technical release no. 60 shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.

(ii) Impoundments not meeting the criteria of paragraph (H)(1)(c)(i) of this rule, except for coal mine waste impounding structures, shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions or be designed in accordance with paragraph (H)(2)(c) of rule 1501:13-4-05 or paragraph (H)(2)(c) of rule 1501:13-4-14 of the Administrative Code.

(d) Freeboard. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the class B or C criteria for dams in technical release no. 60 shall comply with the freeboard hydrograph criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in technical release no. 60.

(e) Foundation.

(i) Foundation and abutments for the impounding structure shall be designed to be stable under all conditions of construction and operation of the impoundment. For impoundments meeting the size or other criteria of 30 C.F.R. 77.216(a) or the class B or C criteria for dams in technical release no. 60, sufficient foundation investigations as well as any necessary laboratory testing shall be performed in order to determine the design requirements for foundation stability.

(ii) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.

(f) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.

(g) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.

(h)

(i) An impoundment meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a one-hundred-year, six-hour precipitation event, or greater event as specified by the chief.

(ii) An impoundment not meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a twenty-five-year, six-hour precipitation event, or greater event as specified by the chief.

(iii) An impoundment meeting the class B or C criteria for dams in technical release no. 60 shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass the design precipitation event using the emergency spillway hydrograph criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in technical release no. 60, or greater event specified by the chief.

(iv) Impoundments may use a single open-channel spillway designed and constructed according to paragraph (H)(1)(h)(i) or (H)(1)(h)(ii) of this rule if the spillway:

(a) Is of nonerodible construction and designed to carry sustained flows; or

(b) Is earth- or grass-lined and designed to carry short-term infrequent flows at nonerosive velocities where sustained flows are not expected.

(i) The vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of highwall to provide adequate safety and access for the proposed water users. For permanent impoundments, the vertical portion of the remaining highwall shall also meet the requirements of paragraph (H)(2)(d) of this rule.

(j) Inspections. An engineer or other qualified professional specialist, under the direction of the engineer, shall inspect the impoundment. The engineer or specialist shall be experienced in the construction of impoundments.

(i) Inspections shall be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance security.

(ii) The engineer shall promptly, after each inspection, provide to the chief a certified report that the impoundment has been constructed and maintained as designed in accordance with the approved plan and these rules. The report shall include discussion of any appearances of instability, structural weakness or other hazardous conditions, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation and any other aspects of the structure affecting stability.

(iii) A copy of the report shall be retained at or near the minesite.

(k) Impoundments meeting the class B or C criteria for dams in technical release no. 60 or subject to 30 C.F.R. 77.216 must be examined in accordance with 30 C.F.R.77.216 -3. Other impoundments shall be examined for appearance of structural weakness and other hazardous conditions at least quarterly by a qualified person designated by the operator.

(l) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the chief of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the chief shall be notified immediately. The chief shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(2) Permanent impoundments. A permanent impoundment of water may be created if authorized by the chief in the approved permit based upon the following demonstration:

(a) The size and configuration of such impoundment will be adequate for its intended purposes;

(b) The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet applicable state and federal water quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable state and federal water quality standards;

(c) The water level will be sufficiently stable and be capable of supporting the intended use;

(d) Final grading will provide for adequate safety and access for proposed water users. For impoundments where the vertical portion of a highwall remains, the vertical portion shall be located at least eight feet below the low-water line;

(e) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses;

(f) The impoundment will be suitable for the approved postmining land use;

(g) The reduced portion of any highwall shall have a final slope appropriate for the postmining land use and shall have a minimum static safety factor of 1.3 ; and

(h) The face of the reduced portion of any highwall shall be vegetated with species appropriate for the postmining land use.

(3) Temporary impoundments. The chief may authorize the construction of temporary impoundments as part of a mining operation.

(4) Sumps.

(a) Definitions. "Sump" means an excavated temporary impoundment:

(i) Used as:

(a) A secondary structure which discharges into a sedimentation pond, provided the sedimentation pond, in combination with the sump and any other sediment control measures used, achieves the applicable state and federal effluent limitations; or

(b) A primary structure to control the runoff from roads or small drainage exemption areas provided by paragraph (B)(3) of this rule; and

(ii) That has a volume which is compatible with its role within the complete sediment control system.

(b) Sumps are exempt from the requirements of paragraphs (H)(1) to (H)(3)

of this rule.

(c) Sump designs shall include size and spillway information and shall address the stability of the structure with respect to public health and safety.

(d) Sumps shall be constructed and maintained to prevent, to the extent possible, additional contributions of suspended solids to runoff outside the permit area.

(e) Before a sump becomes full of sediment, the sediment shall be removed, and the original sump capacity restored.

(I) Discharge structures. Discharges from sedimentation ponds, permanent and temporary impoundments, mine waste disposal areas, and diversions shall be controlled by energy dissipators, riprap channels, and other devices where necessary to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbances to the hydrologic balance. Discharge structures shall be designed according to standard engineering design procedures.

(J) Acid-forming and toxic-forming spoil. Drainage from acid-forming and toxic-forming mine waste materials and spoils into ground and surface water shall be avoided by:

(1) Identifying, burying, and treating where necessary spoil or other materials that, in the judgment of the chief, may be detrimental to vegetation or may adversely affect water quality if not treated or buried;

(2) Preventing water from coming into contact with acid-forming and toxic-forming materials in accordance with paragraph (J) of rule 1501:13-9-14 of the Administrative Code, and other measures as required by the chief; and

(3) Burying or otherwise treating all acid-forming or toxic-forming spoil within thirty days after it is first exposed on the mine site, or within a lesser period designated by the chief. Temporary storage of the spoil may be approved by the chief upon finding that burial or treatment within thirty days is not feasible and will not result in any material risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water.

(K) Ground-water protection.

(1) Backfilled materials shall be placed so as to minimize contamination of ground-water systems with acid, toxic, or otherwise harmful mine drainage, minimize adverse effects of mining on ground-water systems outside the permit area, and to support approved postmining land uses.

(2) To control the effects of mine drainage, pits, cuts, and other mine excavations or disturbances shall be located, designed, constructed, and utilized in such manner as to prevent or control discharge of acid, toxic, or otherwise harmful mine drainage waters into ground-water systems and to prevent adverse impacts on such ground-water systems or on approved postmining land uses.

(L) Protection of ground-water recharge capacity. Other than underground mining operations, all coal mining operations shall be conducted in a manner that facilitates reclamation which will restore approximate premining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding coal processing waste and underground development waste disposal areas and fills, to transmit water to the ground-water system. The recharge capacity shall be restored to a condition which:

(1) Supports the approved postmining land use;

(2) Minimizes disturbances to the prevailing hydrologic balance in the permit and adjacent areas; and

(3) Provides a rate of recharge that approximates the premining recharge rate.

(M) Surface water protection. In order to protect the hydrologic balance, mining operations shall be conducted according to the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code, and the following:

(1) Surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage, prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area, and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this rule, then the operator shall use and maintain the necessary water-treatment facilities or water quality controls.

(2) Surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(N) Surface and ground-water monitoring.

(1) Ground-water monitoring.

(a) Surface mining operators shall monitor ground-water levels and the quality of ground water at least quarterly or more frequently as prescribed by the chief, in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-05 of the Administrative Code, to determine the effects of the coal mining operations on the recharge capacity of reclaimed lands and on the quality and quantity of water in ground-water systems in the permit and adjacent areas.

(i) Monitoring shall include measurements from a sufficient number of wells and springs that are adequate to reflect changes in ground-water quality and quantity resulting from those operations.

(ii) Monitoring shall be adequate to plan for modification of coal mining operations, if necessary, to minimize disturbance of the prevailing hydrologic balance.

(iii) As specified and approved by the chief, the person who conducts surface mining operations shall conduct additional hydrologic tests, including drilling, infiltration tests, and aquifer tests and shall submit the results to the chief, to demonstrate compliance with paragraphs (K) to (N) of this rule.

(b) Underground mining operators shall monitor, at least quarterly or more frequently as prescribed by the chief, the quality and quantity of ground water in the permit and adjacent areas in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-14 of the Administrative Code. Monitoring of an area shall begin one year before the area is mined, shall continue during mining, and shall continue for at least one year after the area is mined, unless the chief determines that monitoring for a shorter period will allow accurate assessment of the impacts on the ground water of the area.

(c) Ground-water monitoring shall result in quarterly or more frequent reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation shall be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(2) Surface-water monitoring.

(a) All surface and underground mining operators shall monitor pond discharges for the national pollutant discharge elimination system (NPDES) permit quarterly in accordance with the monitoring plan submitted under either paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality of the discharges from the permit area;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition or applicable standard within five days of receipt of such results. If there is a failure to comply with an effluent limitation set forth in a NPDES permit, the person who conducts coal mining operations shall forward the analytical results concurrently with the written notice of non-compliance; and

(iii) Result in quarterly reports to the chief submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(b) The chief may require additional surface-water monitoring to be conducted quarterly on the permit or adjacent areas in accordance with the monitoring plans submitted under paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. The chief shall determine the nature of the data and reporting requirements. Monitoring shall:

(i) Be adequate to measure and record accurately water quantity and quality;

(ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition within five days of receipt of such results; and

(iii) Result in quarterly reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (H) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code.

(3) Duration of and modifications to monitoring.

(a) Monitoring for ground water and surface water shall be conducted throughout mining and reclamation until final performance security release unless the chief determines, pursuant to paragraph (N)(3)(b)(ii) of this rule, that monitoring is no longer necessary.

(b) Any modification of the monitoring requirements of paragraph (N) of this rule, including the parameters covered and the sampling frequency, shall be made by means of a permit revision pursuant to paragraph (E) of rule 1501:13-4-06 of the Administrative Code. A permit revision may be obtained pursuant to this paragraph if the operator demonstrates, using the monitoring data of this rule, that:

(i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area, water quantity and quality are suitable to support approved postmining land uses, and the water rights of other users have been protected or replaced; or

(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under paragraph (F) of rule 1501:13-4-05 or paragraph (F) of rule 1501:13-4-14 of the Administrative Code.

(O) Transfer of wells. Before final release of performance security, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with rule 1501:13-9-02 of the Administrative Code. With the prior approval of the chief, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with state and local law and the permittee shall remain responsible for the proper management of the well in accordance with rule 1501:13-9-02 of the Administrative Code until performance security release.

(P) Water rights and replacement.

(1) Any person who conducts coal mining operations shall:

(a) Replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been affected by contamination, diminution, or interruption proximately resulting from the coal mining operations; and

(b) Reimburse the owner for the reasonable cost of obtaining a water supply from the time of the contamination, diminution or interruption by the operation until the water supply is replaced.

(2) The hydrologic information required in paragraphs (B) to (G) of rule 1501:13-4-04 or paragraphs (B) to (G) of rule 1501:13-4-13 of the Administrative Code shall, at a minimum, be used to determine the extent of the impact of mining on ground and surface water.

(Q) Discharge of water into underground mines.

(1) Discharges into an underground mine are prohibited, unless specifically approved by the chief after a demonstration that the discharge will:

(a) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from surface mining operations;

(b) Not result in a violation of applicable water quality standards or effluent limitations;

(c) Be at a known rate and quality which shall meet the effluent limitations of this rule for pH and total suspended solids, except that the pH and total suspended solids limitations may be exceeded, if approved by the chief; and

(d) Meet with the approval of MSHA.

(2) Discharges shall be limited to the following:

(a) Water;

(b) Coal processing waste;

(c) Fly ash from a coal-fired facility;

(d) Sludge from an acid-mine-drainage treatment facility;

(e) Flue-gas desulfurization sludge;

(f) Inert material used for stabilizing underground mines; and

(g) Underground mine development wastes.

(R) Postmining rehabilitation of sedimentation ponds, diversions, impoundments and treatment facilities. Before abandoning a permit area or seeking performance security release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of these rules for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structure if necessary to meet requirements of these rules and to conform to the approved reclamation plan.

(S) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07 , 1513.16 , 1513.162
Prior Effective Dates: 9/1/77, 8/28/78, 5/1/80, 8/16/82 (Emer.), 10/27/82, 6/30/83, 11/23/83 (Emer.), 3/12/84, 2/20/86, 10/21/88, 1/1/93, 5/29/95, 2/15/03, 4/30/09

1501:13-9-05 Coal recovery.

Coal mining operations shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in future coal mining operations is minimized.

R.C. 119.032 review dates: 05/12/2005 and 05/12/2010

Promulgated Under: 119.03

Statutory Authority: 1513.02

Rule Amplifies: 1513.16

Prior Effective Dates: 10/27/82

1501:13-9-06 Use of explosives.

(A) General.

(1) The provisions of this rule shall apply to all blasting operations, including surface blasting operations incident to underground mining, on all coal mining and reclamation operations and on coal exploration operations. Where the provisions of this rule are in conflict with the conditions described in a permittee's previously approved blasting plan, the provisions of this rule shall apply.

(2) Blasting operations shall be conducted in accordance with all applicable state and federal 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"certified mine foreperson" shall mean a mine foreperson who has a valid certification pursuant to Chapter 1561. of the Revised Code.

(4) Blasting operations shall be conducted only under the supervision of a certified blaster. A certified blaster and at least one other person shall be physically present at the detonation of a blast. 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.

(5) If a permittee violates any of the requirements under paragraph (A) (4) of this rule, the chief shall immediately issue an order requiring the permittee to show cause why blasting operations should not be suspended or revoked.

(6) 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 limitations. The permittee shall keep a copy of the blasting plan and the permit map at the permit site or at the mine office closest to the permit site for use by employees, contract blasters, and any other persons responsible for blasting operations.

(B) Anticipated blast design for special areas.

(1) The permittee or permit applicant must submit an anticipated blast design to the chief before blasting within:

(a) One thousand feet of any dwelling, public or commercial building, school, church, or community or institutional building; or

(b) Five hundred feet of an active or abandoned underground mine.

(2) The blast design must be submitted:

(a) As part of a permit application; or

(b) As a revision to the mining plan, at least sixty days prior to such blasting.

(3) The blast design shall contain sketches of the drill patterns, delay periods, and decking, and shall indicate the type and amount of explosives to be used, critical dimensions, initiation systems, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable flyrock, airblast, and ground vibration standards in paragraph (F) of this rule.

(4) The blast design shall be prepared by a certified blaster or by a blasting consultant, seismologist, or professional engineer who has been trained in current blasting technology and state and federal blasting laws and regulations. The blast design shall be reviewed, approved, and signed by a certified blaster who has knowledge of the site-specific blasting limitations.

(5) The chief may require revisions to the design submitted.

(C) Preblast survey.

(1) At least thirty days before initiation of blasting, the permittee or permit applicant shall notify, in writing, all residents or owners of dwellings or other structures located within one-half mile of the permit area, about how to request a preblast survey. Such notification shall include the statement that any preblast survey requested more than ten days before the planned initiation of blasting shall be completed before the initiation of blasting.

(2) A resident or owner of a dwelling or structure within one-half mile of the permit area may request a preblast survey. This request shall be made, in writing, directly to the permittee or permit applicant by certified mail, or by regular mail to the chief, who shall promptly notify the permittee or permit applicant by certified mail. Within forty-five days after a request is received, the permittee or permit applicant shall conduct a preblast survey of the dwelling or structure and prepare a written report of the survey. Where blasting has not yet begun on a new or proposed permit area, a modified time frame for completion of preblast surveys may be approved by the chief, upon written request to the chief, when circumstances warrant an extension of time. However, any preblast survey requested more than ten days before the planned initiation of blasting shall be completed before the initiation of blasting. An updated survey of any additions, modifications, or renovations shall be performed by the permittee or permit applicant if requested by the resident or owner.

(3) When conducting a preblast survey, the permittee or permit applicant shall determine the condition of the dwelling or structure and shall document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, oil and gas wells, cables, communication and transmission towers, transmission lines, and cisterns, wells, and other water systems warrant special attention; however, the assessment of these structures may be limited to surface conditions and other readily available data.

(4) The written report of the survey shall be signed by the person who conducted the survey. Copies of the report shall be provided to the resident or owner of the dwelling or structure, and to the chief. If the resident or owner disagrees with the contents or recommendations contained therein, he or she may submit to both the permittee or permit applicant and the chief a detailed description of the specific areas of disagreement.

(5) Whenever a permittee or permit applicant conducts a preblast survey of a dwelling or structure without receiving a written request to do so, a copy of the written report of the survey shall be given to the resident or the owner.

(D) Blasting schedule.

(1) Blasting shall be conducted between sunrise and sunset at times approved by the chief and announced in the blasting schedule. The chief may limit the time periods, area covered, and sequence of blasting as listed in the schedule, if such limitations are necessary and reasonable in order to protect the public health and safety or welfare.

(2) Unscheduled blasts may be conducted only in emergency situations where rain, lightning, other atmospheric conditions, or operator or public safety so requires. When an unscheduled blast is conducted, the certified blaster in charge shall document the reason for the unscheduled blast in the blast record required under paragraph (G) of this rule.

(3) At least ten days, but not more than ninety days, before initiation of blasting, the permittee or permit applicant shall publish the blasting schedule in a newspaper of general circulation in the locality of the blasting area, and distribute copies of the blasting schedule to local governments, public utilities, and each residence and occupied building within one-half mile of the proposed blasting area described in the schedule. A notarized proof of each publication of the blasting schedule required under this rule shall be sent to the division of mineral resources management district office having jurisdiction over the permit.

(4) The permittee shall republish and redistribute the schedule at least every twelve months, and revise, republish, and redistribute the schedule at least ten days, but not more than thirty days, before blasting whenever the area covered by the schedule changes or actual time periods for blasting significantly differ from the prior announcement.

(5) The blasting schedule shall contain, at a minimum:

(a) Name, address, and telephone number of the permittee or permit applicant;

(b) Permit number or application number, whichever is applicable;

(c) Identification of the specific areas where blasting will occur;

(d) Dates and time periods when blasting will occur;

(e) Methods to be used to control access to the blasting area;

(f) Type and patterns of audible warning and all-clear signals to be used before and after blasting; and

(g) A description of possible emergency situations (defined in paragraph (D)(2) of this rule) when an unscheduled blast may be necessary.

(6) Surface blasting incident to underground mining shall be exempt from the blasting schedule and publication requirements of paragraphs (D)(3), (D)(4), and (D)(5) of this rule. Instead, an underground mine permittee or permit applicant shall notify, in writing, residents within one-half mile of the blasting site and local governments of the proposed times and locations of blasting operations. Such notice of times that blasting is to be conducted may be announced weekly, but in no case less than twenty-four hours before blasting will occur.

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

(1) Blasting signs shall meet the specifications of rule 1501:13-9-01 of the Administrative Code.

(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.

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

(4) For each blast, the certified blaster conducting the blast shall define the limits of the blasting area where danger from flyrock exists. The certified mine foreperson 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 certified blaster 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 certified mine foreperson shall not allow anyone to re-enter the designated blasting area until the certified blaster conducting the blast has contacted the certified mine foreperson, and 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 certified blaster in charge, or someone directed by the certified blaster, 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 certified blaster has communicated to the certified mine foreperson 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-half mile 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.

(7) When blasting within one-half mile of any public or private institution such as a school or church in session, or a residential mental or physical health care facility, the permittee shall notify the institution by telephone or personal visit on the day of scheduled blasting at least one hour before each blast. This requirement shall not apply if the permittee submits to the chief a copy of a statement signed by the administrator of the institution, waiving the right to be notified.

(F) Control of adverse effects.

(1) Blasting shall be conducted in a manner to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of surface or ground water outside the permit area.

(2) Blasting shall not be conducted within:

(a) Three hundred feet of any public water tower or public reservoir dam, communication or high-voltage transmission tower, railroad tunnel or highway tunnel, public water or sewage line, or major oil or gas pipeline except where written permission has been obtained from the controlling authority or owners thereof on a form prescribed by the chief; or

(b) Five hundred feet of an active underground mine, except where written permission has been obtained from the owners thereof, and from all state and federal regulatory authorities concerned with the health and safety of underground miners, on a form prescribed by the chief.

(3) "Flyrock," defined as rock, mud, or debris (excluding dust) traveling in the air or along the ground as a result of a blast, shall not be cast from the blasting site beyond any of the following:

(a) One-half the horizontal distance to any dwelling or other occupied structure;

(b) The area of control required under paragraph (E)(4) of this rule; or

(c) The permit boundary.

(4) If flyrock is cast beyond the permit boundary, the certified blaster in charge shall notify the division of mineral resources management by telephone within two hours after learning of the flyrock incident, and submit a written flyrock incident report to the division of mineral resources management district office having jurisdiction over the permit area within three business days after learning of the incident. The permittee or certified blaster shall not conduct another blast directly beside or behind the blast site where the flyrock originated until the report is properly completed and the division of mineral resources management has acknowledged its receipt. The report shall include, at a minimum, a copy of the blast record required under paragraph (G) of this rule and all available seismographic data, a sketch of the blast site and rock deposition area, and a detailed explanation of: how the blast was 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.

(5) Airblast shall not exceed one hundred thirty-three decibels at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area, except as authorized under paragraph (F)(12) of this rule.

(a) If necessary to prevent damage, the chief shall specify lower maximum allowable airblast levels for use in the vicinity of a specific blasting operation.

(b) The permittee shall conduct periodic monitoring to ensure compliance with the airblast limits. The chief may require airblast measurement of any or all blasts, and may specify the locations at which such measurements are taken.

(6) In all blasting operations, except as authorized in paragraph (F)(12) of this rule, the maximum ground vibration shall not exceed the values specified in this rule or approved in the blasting plan required under paragraph (C) of rule 1501:13-4-05 or paragraph (C) of rule 1501:13-4-14 of the Administrative Code.

(a) The maximum ground vibration at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area shall be established in accordance with the maximum peak-particle-velocity limits of paragraph (F)(7) of this rule, the frequency-dependent particle velocity limits of paragraph (F)(8) of this rule, or other limits imposed by the chief pursuant to paragraph (F)(10) of this rule.

(b) All other structures in the vicinity of the blasting area not listed in paragraph (F)(6)(a) of this rule, such as water towers, pipelines and other utilities, communication and transmission towers, tunnels, dams, impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the permittee in the blasting plan and approved by the chief.

(7) Except as provided in paragraph (F)(8) of this rule, the maximum ground vibration shall not exceed the following limits at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area:

image: oh/admin/2014/1501$13-9-06_ph_ff_a_ru_20101018_0910-3.png

(a) Ground vibration shall be measured as the particle velocity and recorded in three mutually perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three directions of measurement.

(b) A seismographic record shall be provided for each blast. Whenever possible, the seismograph shall be located at the nearest building to be protected. Otherwise, the seismograph may be placed at some point between the blast site and the nearest building to be protected.

(8) In lieu of the requirements of paragraph (F)(7) of this rule, the frequency-dependent particle velocity limits in the chart, below, may be used to determine compliance at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area. The chart is adopted from the U.S. bureau of mines "Report of Investigations 8507 (1980), Appendix B, Alternative Blasting Level Criteria." A seismographic record including both particle velocities and an electronic analysis of vibration frequencies shall be provided for each blast.

image: oh/admin/2014/1501$13-9-06_ph_ff_a_ru_20101018_0910-4.jpg

(9) In lieu of the seismographic record required by paragraph (F)(7)(b) of this rule, the scaled distance equation, W = (D/ SD)2, may be used to determine the maximum allowable charge weight of explosives that can be detonated within any period less than eight milliseconds, where W = the maximum weight of explosives, in pounds; D = the distance, in feet, from the blast site to the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area; and SD = the scaled distance factor applied from the following table:

image: oh/admin/2014/1501$13-9-06_ph_ff_a_ru_20101018_0910-5.png

The use of a modified scaled distance factor in the scaled distance equation may be approved by the chief on receipt of a written request by the permittee, supported by seismographic records of blasts at the mine site. The modified scaled distance factor shall be determined such that the particle velocity of the predicted ground vibration will not exceed the maximum allowable peak particle velocities prescribed in paragraph (F)(7) of this rule, at a ninety-five per cent confidence level.

(10) The chief shall reduce the maximum allowable ground vibration limits prescribed in paragraphs (F)(7) and (F)(8) of this rule, if determined necessary to prevent damage.

(11) The chief may require a permittee to conduct seismic monitoring of any or all blasts, and may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.

(12) The maximum airblast and ground vibration limits of paragraphs (F)(5) to (F)(8) of this rule shall not apply:

(a) At structures owned by the permittee and not leased to another person; and

(b) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the chief before blasting.

(13) 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).

(G) Blast records.

(1) The permittee shall retain a record of all blasts for at least three years, and shall make copies of these records available for inspection upon request by the public, 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 certified blaster in charge, and shall contain the following data:

(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 the blast;

(d) Printed name, signature, and certification number of the blaster conducting the blast 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, except those structures described in paragraph (F)(12) of this rule. 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, in feet, from the nearest blasthole to the nearest dwelling or building in paragraph (G)(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 five business 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 (F)(8) 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 each unscheduled blast.

(4) When bulk-loaded explosives are used, blast record data required by paragraphs (G)(3) (k) to (G)(3) (n) of this rule shall be completed as soon as the exact quantity of bulk explosives is determined, but in no case more than twenty-four hours after the blast is detonated.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02 , 1513.161
Rule Amplifies: 1513.161
Prior Effective Dates: 8/28/78, 5/1/80, 2/3/81, 8/16/82 (Emer.), 10/27/82, 12/1/85, 3/1/87, 7/28/05

1501:13-9-07 Disposal of excess spoil.

(A) The objective of this rule is to ensure mass stability and protection from erosion and minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters, using current, recognized engineering standards and practices as evaluated and approved by the chief.

(B) Design certification. The fill and appurtenant structures shall be designed using current, prudent engineering practices and shall meet the design criteria established in this rule. An engineer experienced in the design of earth and rock fills shall certify the design of the fill and appurtenant structures.

(C) Location. If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the chief, the spoil could be placed in compliance with the requirements of Chapter 1513. of the Revised Code and these rules, and shall be placed, where possible, upon, or above, a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement.

(D) Foundation.

(1) The foundation and abutments of the fill must be stable under all conditions of construction.

(2) Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, as deemed needed by the certifying engineer, shall be performed in order to determine the design requirements for foundation stability. The analyses of foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the fill and appurtenant structures. The chief may require additional foundation investigations and laboratory testing.

(3) Where the slope along the profile in the disposal area is in excess of 2.8 h:1v, keyway cuts or rock toe buttresses shall be constructed to ensure stability of the fill. Where the toe of the spoil rests on a downslope in excess of 2.8 h:1v, stability analyses shall be performed in accordance with paragraph (N)(3) of rule 1501:13-4-05 or paragraph (P)(3) of rule 1501:13-4-14 of the Administrative Code to determine the size of rock toe buttresses and keyway cuts.

(E) Placement of excess spoil.

(1) All vegetative and organic materials shall be removed from the disposal area prior to placement of the excess spoil. Topsoil shall be removed, segregated, and stored or redistributed in accordance with rule 1501:13-9-03 of the Administrative Code. If approved by the chief, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil.

(2) All backfilling and grading requirements shall be met by placements of spoil. Face slopes shall not exceed 2h:1v. The grade of the outslope between terrace benches shall not be steeper than 2h:1v.

(3)(a) Excess spoil shall be:

(i) Transported and placed in a controlled manner in horizontal lifts not exceeding four feet in thickness;

(ii) Concurrently compacted as necessary to ensure mass stability and to prevent mass movement during and after construction;

(iii) Graded so that surface and subsurface drainage is compatible with natural surroundings; and

(iv) Covered with topsoil or substitute material in accordance with rule 1501:13-9-03 of the Administrative Code.

(b) The chief may approve a design which incorporates placement of excess spoil in horizontal lifts other than four feet in thickness when it is demonstrated by the operator and certified by an engineer that the design will ensure the stability of the fill and will meet all other applicable requirements.

(4) The fill shall be designed to attain a minimum long-term static safety factor of 1.5.

(5) The final configuration of the fill shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the fill if required for stability, control of erosion, to conserve soil moisture, or to facilitate the approved postmining land use.

(6) No permanent impoundments shall be allowed on the completed fill. Small depressions may be allowed by the chief if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and are not incompatible with stability of the fill.

(7) Excess spoil that is acid- or toxic-forming or combustible shall be disposed of in accordance with paragraph (J) of rule 1501:13-9-04 of the Administrative Code.

(F) Drainage control.

(1) If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability.

(2) Diversions shall comply with the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code.

(3) Underdrains shall consist of durable rock or pipe and be designed and constructed using current, prudent engineering practices. The underdrain system shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and shall be protected from piping and contamination by an adequate filter. Rock underdrains shall be constructed of durable, nonacid- and nontoxic-forming rock such as natural sand and gravel, sandstone or limestone, that does not slake in water or degrade to soil material, and that is free of coal, clay, or other nondurable material. Perforated pipe underdrains shall be corrosion-resistant and shall have characteristics consistent with the long-term life of the fill.

(G) Surface area stabilization. Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.

(H) Excess spoil may be used outside the permit area to reclaim unreclaimed mined lands adjacent to the permit area under a reclamation contract executed pursuant to section 1513.27 or 1513.37 of the Revised Code, provided that:

(1) If the unreclaimed lands are abandoned mined lands, they are eligible for reclamation under section 1513.27 or 1513.37 of the Revised Code;

(2) The excess spoil is placed in an environmentally and technically sound manner and will constitute sound engineering practices; and

(3) The excess spoil is placed where it will not destroy or degrade features of environmental value.

(I) Inspections. An engineer, or other qualified professional specialist under the direction of the engineer, shall periodically inspect the fill during construction. The engineer or specialist shall be experienced in the construction of earth and rock fills.

(1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum:

(a) Foundation preparation, including the removal of organic material and topsoil;

(b) Placement of underdrains and protective filter systems;

(c) Installation of final surface drainage systems; and

(d) The final graded and revegetated fill.

(2) Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of fill materials.

(3) The engineer shall provide a certified report to the chief promptly after each inspection certifying that the fill has been constructed and maintained as designed and in accordance with the approved plan, Chapter 1513. of the Revised Code and these rules. Each report shall include appearances of instability, structural weakness, and other hazardous conditions. The report after inspection of the final graded and revegetated fill shall certify, in addition, that the fill is expected to remain stable with the required safety factor.

(4) Photographs.

(a) The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is constructed in phases, each phase shall be certified separately.

(b) When excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, in accordance with paragraph (N) of this rule, color photographs shall be taken of the underdrain as the underdrain system is being formed.

(c) The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to identify the site specifically and clearly.

(5) A copy of each inspection report shall be retained at or near the mine site.

(J) Coal mine waste. Coal mine waste may be disposed of in excess spoil fills if approved by the chief and if such waste is:

(1) Placed in accordance with rule 1501:13-9-09 of the Administrative Code;

(2) Nontoxic- and nonacid-forming; and

(3) Of the proper characteristics to be consistent with the design stability of the fill.

(K) Underground disposal. Excess spoil may be disposed of in underground mine workings, but only in accordance with a plan approved by the chief and MSHA under paragraph (N) of rule 1501:13-4-14 of the Administrative Code.

(L) Valley fills and head-of-hollow fills. Valley fills and head-of-hollow fills shall meet the requirements of paragraphs (A) to (J) of this rule and the additional requirements of paragraph (L) of this rule.

(1) Drainage control.

(a) The top surface of the completed fill shall be graded so that the final slope after settlement will be toward properly designed drainage channels. Uncontrolled surface drainage may not be directed over the outslope of the fill.

(b) Runoff from areas above the fill and runoff from the surface of the fill shall be diverted into stabilized diversion channels designed to meet the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code and, in addition, to pass safely the runoff from a one-hundred-year, six-hour precipitation event.

(2) Rock-core chimney drains. A rock-core chimney drain may be used in a head-of-hollow fill, instead of the underdrain and surface diversion system normally required, as long as the fill is not located in an area containing intermittent or perennial streams. A rock-core chimney drain may be used in a valley fill if the fill does not exceed two hundred fifty thousand cubic yards of material and upstream drainage is diverted around the fill. The alternative rock-core chimney drain system shall be incorporated into the design and construction of the fill as follows:

(a) The fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of durable rock at least sixteen feet thick, which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. The underdrain system and rock core shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of paragraph (F)(3) of this rule.

(b) A filter system to ensure the proper long-term functioning of the rock core shall be designed and constructed using current, prudent engineering practices.

(c) Grading may drain surface water away from the outslope of the fill and toward the rock core. In no case, however, may intermittent or perennial streams be diverted into the rock core. The maximum slope of the top of the fill shall be 33h:1v. A drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential capacity for impounding more than ten thousand cubic feet of water. Terraces on the fill shall be graded with a one per cent slope toward the rock core.

(M) Durable rock fills. The chief may approve an alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met:

(1) Except as provided in paragraph (M) of this rule, the requirements of paragraphs (A) to (M) of this rule are met;

(2) The excess spoil consists of at least eighty per cent, by volume, durable, nonacid- and nontoxic-forming rock such as natural sand and gravel, sandstone or limestone, that does not slake in water or degrade to soil material, and that is free of coal, clay, or other nondurable material. Where used, noncemented clay shale, clay spoil, soil or other nondurable excess spoil materials shall be mixed with excess durable rock spoil in a controlled manner so that no more than twenty per cent of the fill volume, as determined by tests performed by an engineer and approved by the chief, is not durable rock;

(3) An engineer certifies that the design will ensure the stability of the fill and meet all other applicable requirements;

(4) The fill is designed to attain a minimum long-term static safety factor of 1.5 and an earthquake safety factor of 1.1 ;

(5) The underdrain system may be constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, provided the resulting underdrain system is capable of carrying anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and the other requirements for drainage control are met; and

(6) Surface water runoff from areas adjacent to and above the fill is not allowed to flow onto the fill and is diverted into stabilized diversion channels designed to meet the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code and to safely pass the runoff from a one-hundred-year, six-hour precipitation event.

(N) Preexisting benches. The chief may approve the disposal of excess spoil through placement on preexisting benches, provided that the following conditions are met:

(1) Except as provided in paragraph (N) of this rule, the requirements of paragraphs (A) and (E) to (J) of this rule are met;

(2) Excess spoil shall be placed only on the solid portion of the preexisting bench;

(3) The fill shall be designed, using current, prudent engineering practices, to attain a long-term static safety factor of 1.3 for all portions of the fill;

(4) The preexisting bench shall be backfilled and graded to:

(a) Achieve the most moderate slope possible which does not exceed the angle of repose; and

(b) Eliminate the highwall to the maximum extent technically practical; and

(5) Disposal of excess spoil from an upper actively mined bench to a lower preexisting bench by means of gravity transport may be approved by the chief provided that:

(a) The gravity transport courses are determined on a site-specific basis by the operator as part of the permit application and approved by the chief to minimize hazards to health and safety and to ensure that damage will be minimized between benches, outside the set course, and downslope of the lower bench should excess spoil accidentally move;

(b) All gravity-transported excess spoil, including that excess spoil immediately below the gravity transport courses and any preexisting spoil that is disturbed, is rehandled and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and to prevent mass movement, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and to ensure a minimum long-term static safety factor of 1.3. Excess spoil on the bench prior to the current mining operation that is not disturbed need not be rehandled except where necessary to ensure stability of the fill;

(c) A safety berm is constructed on the solid portion of the lower bench prior to gravity transport of the excess spoil. Where there is insufficient material on the lower bench to construct a safety berm, only that amount of excess spoil necessary for the construction of the berm may be gravity-transported to the lower bench prior to construction of the berm; and

(d) Excess spoil shall not be allowed on the downslope below the upper bench except on designated gravity transport courses which have been properly prepared according to rule 1501:13-9-03 of the Administrative Code. Upon completion of the fill, no excess spoil shall be allowed to remain on the designated gravity transport course between the two benches and each transport course shall be reclaimed in accordance with the requirements of these rules.

R.C. 119.032 review dates: 05/12/2005 and 05/12/2010

Promulgated Under: 119.03

Statutory Authority: 1513.02

Rule Amplifies: 1513.16

Prior Effective Dates: 8/28/78, 5/1/80, 10/27/82, 6/30/83, 1/15/87, 10/21/88, 1/1/93

1501:13-9-08 Protection of underground mining.

(A) General requirements. No surface mining operations shall be conducted closer than five hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that:

(1) The nature, timing, and sequence of the operations that propose to mine closer than 500 feet to an active underground mine are jointly approved by the chief and msha, and

(2) The operations result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.

R.C. 119.032 review dates: 05/12/2005 and 05/12/2010

Promulgated Under: 119.03

Statutory Authority: 1513.02

Rule Amplifies: 1513.16

Prior Effective Dates: 8/16/82 (Emer.), 10/27/82, 10/1/88, 3/31/97

1501:13-9-09 Disposal of coal mine wastes and noncoal mine wastes.

(A) Coal mine waste. General requirements.

(1) General. All coal mine waste shall be placed in new or existing disposal areas within a permit area, which are approved by the chief for this purpose. Coal mine waste shall be placed in a controlled manner to:

(a) Minimize adverse effects of leachate and surface-water runoff on surface and ground water quality and quantity;

(b) Ensure mass stability and prevent mass movement during and after construction;

(c) Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use;

(d) Not create a public hazard; and

(e) Prevent combustion.

(2) Coal mine waste material from operations located outside a permit area may be disposed of in the permit area only if approved by the chief. Approval shall be based upon a showing that such disposal will be in accordance with the standards of this rule.

(3) Design certification.

(a) The disposal facility shall be designed using current, prudent engineering practices and shall meet any design criteria established by the chief. An engineer experienced in the design of similar earth and waste structures shall certify the design of the disposal facility.

(b) The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5, except that a long-term static safety factor of 1.3 shall be achieved when coal mine wastes are disposed of in the mined-out area under paragraph (J)(3) of rule 1501:13-9-14 of the Administrative Code. The foundation and abutments must be stable under all conditions of construction.

(4) Foundation. Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of the foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the disposal facility.

(5) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the chief shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the chief shall be notified immediately. The chief shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(6) Disposal in excess spoil fills. Coal mine waste may be disposed of in excess spoil fills in accordance with paragraph (J) of rule 1501:13-9-07 of the Administrative Code.

(7) Underground disposal. Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the chief and MSHA under paragraph (N) of rule 1501:13-4-14 of the Administrative Code.

(B) Refuse piles. Refuse piles shall meet the requirements of paragraph (A) of this rule, the additional requirements of paragraph (B) of this rule, and the requirements of 30 C.F.R. 77.214 and 30 C.F.R. 77.215 .

(1) Drainage control.

(a) If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability.

(b) Uncontrolled surface drainage may not be diverted over the outslope of the refuse piles. Runoff from the areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of paragraph (F) of rule 1501:13-9-04 of the Administrative Code to pass safely the runoff from a one-hundred-year, six-hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile.

(c) Underdrains shall comply with the requirements of paragraph (F) of rule 1501:13-9-07 of the Administrative Code.

(2) Surface area stabilization. Slope protection shall be provided to minimize surface erosion. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.

(3) Placement.

(a) All vegetative and organic materials shall be removed from the disposal area prior to placement of coal mine waste. Topsoil shall be removed, segregated and stored or redistributed in accordance with rule 1501:13-9-03 of the Administrative Code. If approved by the chief, organic materials may be used as mulch, or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.

(b) The final configuration of the refuse pile shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the refuse pile if required for stability, control of erosion, conservation of soil moisture, or facilitation of the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v.

(c) No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be allowed by the chief if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile.

(d) Following final grading of the refuse pile, the coal mine waste shall be covered with a minimum of four feet of the best available nontoxic and noncombustible material, in a manner that does not impede drainage from the underdrains. The chief may allow less than four feet of cover material based on physical and chemical analyses which show that the requirements of rule 1501:13-9-15 of the Administrative Code will be met.

(4) Inspections. An engineer, or other qualified professional specialist under the direction of the engineer, shall inspect the refuse pile during construction. The engineer or specialist shall be experienced in the construction of similar earth and waste structures.

(a) Inspections by the engineer or specialist shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum:

(i) Foundation preparation including the removal of all organic material and topsoil;

(ii) Placement of underdrains and protective filter systems;

(iii) Installation of final surface drainage systems; and

(iv) The final graded and revegetated disposal area.

(b) Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or to the environment. Inspection shall continue until the refuse pile has been finally graded and revegetated or until a later time as required by the chief.

(c) The engineer shall provide a certified report to the chief promptly after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and these rules. The report shall include appearances of instability, structural weakness, and other hazardous conditions. A copy of each inspection report shall be retained at or near the minesite.

(d) The certified report required under paragraph (B)(4)(c) of this rule shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is constructed in phases, each phase shall be certified separately. The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to identify the site specifically and clearly.

(C) Impounding structures. New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of paragraph (A) of this rule and the additional requirements of paragraph (C) of this rule.

(1) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the chief that the stability of such a structure comforms to the requirements of this rule and the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the chief in accordance with paragraph (H) of rule 1501:13-4-05 or paragraph (H) of rule 1501:13-4-14 of the Administrative Code.

(2)

(a) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with the requirements for temporary impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. Such structures may not permanently retain the ability to impound as part of the approved postmining land use.

(b) If an impounding structure constructed of coal mine waste or intended to impound coal mine waste meets the criteria of 30 C.F.R. 77.216(a) , the combination of principal and emergency spillways shall be able to pass safely the probable maximum precipitation of a six-hour precipitation event, or greater event as specified by the chief.

(3) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.

(4) Drainage control. Runoff from areas above the disposal facility or runoff from surface of the facility that may cause instability or erosion on the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of paragraph (F) of rule 1501:13-9-04 of the Administrative Code and designed to pass safely the runoff from a one-hundred-year, six-hour design precipitation event.

(5) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least ninety per cent of the water stored during the design precipitation event can be removed within a ten-day period. Within ten days following the occurrence of the design precipitation event, ninety per cent of the water shall be removed.

(D) Burning and burned waste utilization.

(1) Coal mine waste fires shall be extinguished by the person who conducts the coal mining operations, in accordance with a plan approved by the chief and MSHA. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the permittee, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.

(2) No burning or burned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the chief. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.

(E) Disposal of noncoal mine wastes.

(1) Noncoal mine wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustible materials generated during coal mining operations shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, that fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.

(2) Final disposal of noncoal mine wastes, as described in paragraph (E)(1) of this rule, shall be in a designated disposal site in the permit area or a state-approved solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and wind-borne waste. When the disposal is completed, a minimum of two feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with rule 1501:13-9-15 of the Administrative Code. Operation of the disposal site shall be conducted in accordance with all local, state, and federal requirements.

(3) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall an excavation for a noncoal mine waste disposal site be located within eight feet of any coal outcrop or coal storage area.

(4) Notwithstanding any other provision in these rules, any noncoal mine waste defined as "hazardous" under section 3001 of the Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended) and 40 CFR part 261 shall be handled in accordance with the requirements of Subtitle C of RCRA (42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq. as amended) and 40 CFR parts 260 to 270..

(F) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 5/15/78 (Emer.), 8/28/78, 5/1/80, 8/16/82 (Emer.), 10/27/82, 6/30/83, 10/1/88, 1/1/93

1501:13-9-10 Training, examination, and certification of blasters.

(A) General.

(1) All surface blasting operations in coal and industrial minerals mines, including surface blasting operations incident to underground mining and blasting operations on coal exploration operations, shall be conducted by a certified blaster who has obtained certification pursuant to the requirements of this rule.

(2) The chief may enter into agreements with other state agencies, boards, or institutions to administer any or all of the training, examination, and certification requirements of this rule. However, the final authority to accept or reject applicants for certification or recertification and the final authority to suspend or revoke a blaster's certification shall remain with the chief.

(3) The chief may grant reciprocity to any blaster who holds a valid certification issued under any state or federal blaster certification program approved by the U.S. department of interior's office of surface mining. However, to obtain certification under this rule, the blaster must apply for and pass an examination on Ohio blasting regulations pertaining to coal and industrial minerals mines, and meet any other requirement deemed necessary by the chief.

(B) Training. The chief shall conduct workshops, as necessary, to inform blasters of changes in blasting rules and certification procedures, and shall ensure that courses are available to train persons responsible for the use of explosives in mining operations. The courses shall provide training and discuss practical applications of:

(1) Explosives, including:

(a) Selection of the type of explosive to be used;

(b) Determination of the properties of explosives which will produce desired results at an acceptable level of risk; and

(c) Handling, transportation, and storage.

(2) Blast designs, including:

(a) Geologic and topographic considerations;

(b) Design of a blast hole, with critical dimensions;

(c) Pattern design, field layout, and timing of blast holes; and

(d) Field applications.

(3) Loading blast holes, including priming and boostering;

(4) Initiation systems and blasting machines;

(5) Ground vibration, airblast, and flyrock, including:

(a) Monitoring techniques; and

(b) Methods to control adverse effects.

(6) Secondary blasting applications;

(7) All federal and state rules applicable to the use of explosives in coal and non-coal surface mines;

(8) Blast records;

(9) Blast Schedules;

(10) Preblasting surveys, including:

(a) Availability;

(b) Coverage; and

(c) Considerations in blast design.

(11) Blast plan requirements;

(12) Certification and training;

(13) Signs, warning signals, and site control; and

(14) Potential hazards, including:

(a) Lightning;

(b) Stray currents;

(c) Radio waves;

(d) Misfires; and

(e) Toxic gases.

(C) Examination.

To become a certified blaster a person must have:

(1) Received a minimum of forty hours of training covering all the topics set forth in paragraph (B) of this rule in a course taught under the supervision of the chief, or in a course, or series of courses, deemed equivalent by the chief;

(2) Worked on a blasting crew for at least two years in mining, excavation, or an equivalent working environment;

(3) Received direction and on-the-job training from a certified blaster;

(4) Exhibited a pattern of conduct consistent with the acceptance of responsibility for blasting operations; and

(5) Passed a written examination covering, at a minimum, the topics set forth in paragraph (B) of this rule.

(D) Certification and recertification.

(1) The chief, or an agency, board or institution authorized by the chief pursuant to paragraph (A)(2) of this rule, shall certify for three years those persons examined and found to be competent and to have the necessary experience to accept responsibility for surface blasting operations in mines. Each person approved for certification shall receive a certificate suitable for office display and a wallet-size identification card. The certificate and identification card shall include, at a minimum, the type of certification, the person's name, certification number and date of expiration, and the name and signature of the chief or of the official of the authorized agency, board or institution granting the certification.

(2) To be recertified without a lapse in certification, a blaster certified under this rule must have:

(a) Applied for recertification no more than ninety days prior to the expiration date of the blaster's current certificate; and

(b) Received a minimum of twenty-four hours of continuing education by attending blasting-related courses, seminars or conferences approved by the chief or an authorized representative, with at least eight hours obtained from an organization or person other than the blaster's employer or its parent company or explosives supplier.

(3) If a blaster certified under this rule fails to apply for recertification on, or before, the expiration date of his or her certificate, the blaster's certification shall expire, and the blaster shall have thirty days thereafter to apply for recertification without being subject to re-examination under paragraph (C) of this rule.

(E) Conditions of certification.

(1) The certificate or wallet-size identification card issued pursuant to paragraph (D)(1) of this rule, or a copy of the certificate notarized to be a true and exact copy , shall be carried by a blaster, or shall be on file at the mine permit area, during blasting operations.

(2) Upon request by an authorized representative of the chief or other regulatory authority having jurisdiction over the use of explosives, a blaster shall immediately exhibit his or her certificate or wallet-size identification card to the authorized representative.

(3) A blaster's certification shall not be assigned or transferred.

(4) A blaster shall not delegate his or her responsibility to any individual who is not a certified blaster.

(5) A certified blaster shall take every reasonable precaution to protect his or her certificate and wallet-size identification card from loss, theft, or unauthorized duplication. Any such occurrence shall be reported immediately to the chief.

(F) Suspension and revocation.

(1) Following written notice and opportunity for a hearing, the chief may, and upon a finding of willful conduct shall, suspend or revoke the certification of a blaster during the term of the certification, or take other necessary action for any of the following reasons:

(a) Noncompliance with any order of the chief, any order issued by a regulatory authority having jurisdiction over the use of explosives, or any order issued by a court of law, relative to the use of explosives;

(b) Violation of any provision of state or federal explosives laws or regulations, a blasting-related permit condition, or any condition of certification;

(c) Unlawful use in the work place of, or current addiction to, alcohol, narcotics, or other dangerous drugs;

(d) Providing false information or a misrepresentation on any application for certification or recertification;

(e) Falsification of blast records; or

(f) Conducting a blast where flyrock was cast beyond the permit boundary of any mine.

(2) If advance notice and opportunity for a hearing cannot be provided, an opportunity for a hearing shall be provided as soon as practical following suspension, revocation, or other adverse action.

(3) Upon notice of a suspension or revocation, the blaster shall immediately surrender the suspended or revoked certificate and wallet-size identification card and all copies thereof to the chief and may work on a blasting crew only under the direct supervision of a certified blaster.

(4) To repossess a suspended certificate the blaster must:

(a) Exhibit a pattern of conduct consistent with the acceptance of responsibility for blasting operations;

(b) Pass the written examination administered under paragraph (C) of this rule; and

(c) Meet any other requirements imposed by the chief under the terms of the suspension.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02 , 1514.12
Rule Amplifies: 1513.161 , 1514.12
Prior Effective Dates: 11/1/85, 3/1/87, 4/15/04

1501:13-9-11 Protection of fish, wildlife, and related environmental values.

(A) Any person conducting coal mining operations shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of such resources where practicable.

(B)

(1) No coal mining operation shall be conducted which:

(a) Is likely to jeopardize the continued existence of endangered or threatened species listed by the United States secretary of the interior;

(b) Is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended ( 16 U.S.C. 1531 et seq.); or

(c) Will result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs.

(2) A person who conducts coal mining operations shall promptly report to the chief the presence in the permit area of any critical habitat of a threatened or endangered species listed by the United States secretary of the interior, any plant or animal listed by the state as threatened or endangered, or any bald or golden eagle nest, of which that person becomes aware and which was not previously reported to the chief by that person. Upon notification the chief shall consult with appropriate state and federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed.

(3) Nothing in these rules shall authorize the taking of an endangered or threatened species or a bald or golden eagle, its nest, or any of its eggs in violation of the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq., or the Bald and Golden Eagle Protection Act, as amended, 16 U.S.C. 668 et seq.

(C) Each person who conducts coal mining operations shall:

(1) Restore, enhance where practicable, or maintain natural riparian vegetation on the banks of streams, lakes, and other wetland areas;

(2) Restore, enhance where practicable, or avoid disturbance to habitats of unusually high value for fish and wildlife;

(3) Afford protection to aquatic communities by avoiding stream channels as required by paragraph (E) of rule 1501:13-9-04 of the Administrative Code or restoring stream channels as required in paragraph (F) of rule 1501:13-9-04 of the Administrative Code;

(4) To the extent possible prevent, control, and suppress range, forest, and coal fires which are not approved by the chief as part of a management plan;

(5) If fish and wildlife habitat is to be a postmining land use, the operator shall in addition to the requirements of rule 1501:13-9-17 of the Administrative Code:

(a) Select plant species to be used on reclaimed areas, based on the following criteria:

(i) Their proven nutritional value for fish and wildlife;

(ii) Their uses as cover for fish and wildlife; and

(iii) Their ability to support and enhance fish and wildlife habitat after release of performance security; and

(b) Distribute plant groupings to maximize benefit to fish and wildlife. Plants should be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits for fish and wildlife;

(6) Where cropland, grazingland, or pastureland is to be the postmining land use, and where appropriate for wildlife and crop management practices, intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals. Wetlands shall be preserved or created rather than drained or otherwise permanently abolished. When practical and consistent with these rules, ponds shall be designed and built as permanent ponds in order to enhance fish and wildlife habitat;

(7) Where undeveloped land use or fish and wildlife habitat is to be the postmining land use, and as appropriate for wildlife and other management practices, preserve or create rather than drain or permanently abolish wetlands. When practical and consistent with these rules, ponds shall be designed and built as permanent ponds in order to enhance fish and wildlife habitat; and

(8) Where the primary land use is to be residential, public service, or industrial land use, intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs and trees useful as food and cover for birds and small animals, unless such greenbelts are inconsistent with the approved postmining land use.

(D) Each operator shall, to the extent possible using the best technology currently available:

(1) Ensure that electric powerlines and other transmission facilities used for, and incidental to, mining operations on the permit area are designed and constructed to minimize electrocution hazards to raptors unless the chief determines such requirements are unnecessary;

(2) Locate and operate haul and access roads so as to minimize impacts to important fish and wildlife species or other species protected by state or federal law; and

(3) Fence, cover or use other appropriate methods to exclude wildlife from ponds that contain hazardous concentrations of toxic-forming materials.

(E) For dates of federal rules and federal laws referenced in this rule, see

rule 1501:13-1-14 of the Administrative Code.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 8/16/82 (Emer.), 10/27/82, 10/1/88, 12/27/90, 8/5/91, 4/30/09

1501:13-9-12 Slides and other damage.

(A) An undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as may be determined by the chief as is needed to assure stability. The barrier shall be retained as a barrier to slides and erosion. Where the chief determines that this natural barrier will cause environmental problems, he shall require alternative measures to be taken.

(B) If at any time a slide occurs which may have a potential adverse effect on public property, health, safety, or the environment, the person who conducts the coal mining operation shall notify the chief by the fastest available means and comply with any remedial measures required by the chief.

R.C. 119.032 review dates: 05/12/2005 and 05/12/2010

Promulgated Under: 119.03

Statutory Authority: 1514.02

Rule Amplifies: 1513.16

Prior Effective Dates: 10/27/82, 6/30/83

1501:13-9-13 Contemporaneous reclamation.

(A) Timing. Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement, revegetation, and any other work necessary to fulfill the approved mining and reclamation plan, to secure each phase of performance security release in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code, and to reduce potential reclamation cost liability on all land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining operations, and in accordance with the following:

(1) Contour mining. Backfilling and rough grading shall be completed within sixty days or one thousand five hundred linear feet following coal removal, whichever occurs first;

(2) Area mining. Backfilling and rough grading shall be completed within one hundred eighty days following coal removal and shall not be more than four spoil ridges behind the pit being worked, the spoil from the active pit constituting the first ridge;

(3) Other mining method or combination of methods. The chief may approve an alternate schedule for backfilling and rough grading if the permittee or operator demonstrates that an alternate schedule from that required for contour or area mining is necessary due to the mining method utilized, provided that backfilling and rough grading shall be completed not more than one hundred eighty days following coal removal or the minimum distance necessary to continue the coal mining operation following coal removal;

(4) Auger/highwall mining. Auger/highwall mining shall occur as contemporaneously as practicable and within one hundred eighty days after creation of the highwall to be augered/mined unless an alternative schedule is approved by the chief;

(5) Final grading and replacement of topsoil. Final grading and replacement of topsoil or approved resoiling materials shall occur in accordance with rule 1501:13-9-03 of the Administrative Code;

(6) Seeding and planting. Mulching, seeding, planting, and application of nutrients and soil amendments, as required by these rules and the approved reclamation plan, shall follow resoiling as soon as practicable to minimize erosion of the resoiled area. Seeding and planting shall take place not later than the next appropriate planting and growing season following the completion of backfilling, grading, resoiling, and other reclamation work;

(7) Tree planting. The normal expected time for tree planting is March through April. If the approved reclamation plan specifies use of the forestry reclamation approach, end-dumped soil placed after April shall not be planted with trees until the following spring. Mulching and seeding may occur when the trees are planted or in the fall to help minimize herbaceous competition;

(8) The chief may grant additional time for backfilling and rough grading:

(a) If the chief finds that the permittee or operator cannot comply with the time limits of paragraph (A) of this rule because of a labor dispute;

(b) For periods of not more than one year if the permittee or operator needs more time than otherwise allowed under this rule, for the purpose of removing limestone, clay, or shale which was uncovered by surface mining operations, if the permittee or operator is in a business which substantially utilizes limestone, clay, or shale, and if the chief determines that the permittee or operator has a bona fide need for the extension of time in order to carry out limestone, clay, or shale removal. Removal of limestone, clay, and shale shall be performed under rules adopted by the chief for the purpose of ensuring compliance with the requirements and objectives of Chapter 1513. of the Revised Code. An extension of time made under this rule shall not delay reclamation on any part of the area of land affected for which the extension is not necessary in order to carry out the limestone, clay, or shale removal; or

(c) If the permittee or operator can demonstrate, through a detailed written analysis of the backfilling, soil stabilization and grading information provided under paragraph (D)(2)(b) of rule 1501:13-4-05 of the Administrative Codeas part of the approved reclamation plan, that additional time is necessary. The analysis shall include a map or other description of the area for which additional time is needed;

(9) A request for additional time for backfilling and rough grading that is not addressed in the approved permit shall be filed with the chief as a revision to the permit in accordance with rule 1501:13-4-06 of the Administrative Code. The revision request shall include sufficient justification for the additional time and a time schedule that describes the length of the anticipated delay in backfilling and grading;

(a) Reasons for additional time may include, but are not limited to, auger mining, highwall mining, waste disposal, coal processing, permitting of an adjacent area, mining of a lower coal seam, or mining other minerals;

(b) If the activity that justified the additional time does not take place as stated in the revision to the permit, the permittee shall begin reclamation immediately and continue until completion; and

(10) For purposes of this rule, areas that are backfilled and rough graded shall closely resemble the final ground surface configuration approved in the mining and reclamation plan, but are not necessarily ready for resoiling or eligible for phase I performance security release.

(B) As provided in paragraph (G) of rule 1501:13-4-12 of the Administrative Code, the chief may grant a variance to the requirements of this rule where the applicant proposes to combine surface coal mining and underground coal mining operations.

(C) For underground mining, reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement and revegetation of all areas affected by surface operations, shall occur as contemporaneously as practicable with mining operations.

Effective: 10/28/2010
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 8/28/78, 8/16/82 (Emer.), 10/27/82, 6/30/83, 12/7/95, 4/30/09

1501:13-9-14 Backfilling and grading.

(A) In order to achieve the approximate original contour, the operator shall, as provided by this rule, transport, backfill, compact where advisable to ensure stability or to prevent leaching of toxic materials, and grade all spoil material to eliminate all highwalls, spoil piles, and depressions. Where highwalls are reduced by blasting, all of the provisions of this rule will apply. Small depressions may be left if compatible with the future land use and comply with the requirements of this rule. Cut and fill terraces may be used only in those situations expressly identified in this rule. The postmining graded slopes must approximate the premining natural slopes in the area in accordance with paragraphs (B) and (C)(1) of this rule, except as provided under paragraph (L)of this rule.

(B) Slope measurements.

(1) To determine the natural slopes of the area before mining, representative slopes must be accurately measured and recorded.

(a) Each slope measurement shall be taken along the prevailing slope extending one hundred linear feet above and below or beyond the coal outcrop or the area to be disturbed, or, where this is impractical, at locations specified by the chief.

(b) Where the area has been previously mined, the measurements shall be representative of the premining configuration of the land.

(c) Slope measurements shall take into account natural variations in slope so as to provide accurate representation of the range of natural slopes and shall reflect geomorphic differences of the area to be disturbed.

(2) After the disturbed area has been graded, the final graded slopes shall be measured, comparing the premining slope measurements as shown on the application map.

(3) Slope measurements shall be subject to a five-degree tolerance unless otherwise specified by the chief, provided that this tolerance does not conflict with the approved postmining land use.

(C) Final graded slopes.

(1) The final graded slopes shall not exceed either the approximate premining slopes as determined according to paragraph (B) of this rule and approved by the chief or any lesser slope specified by the chief based on consideration of soil, climate, or other characteristics of the surrounding area. Proof of a minimum long-term static safety factor of 1.3 for the final slopes may be required by the chief. Final graded slopes shall not exceed the angle of repose or such lesser slope as is necessary to achieve this minimum long-term static safety factor and to prevent slides. Postmining final graded slopes need not be uniform.

(2) On approval by the chief and in order to conserve soil moisture, ensure stability, and control erosion on final grade slopes, cut and fill terraces may be allowed if the terraces are compatible with the postmining land use approved under rule 1501:13-9-17 of the Administrative Code, and are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces shall meet the following requirements:

(a) The design and construction is to be certified by an engineer;

(b) The slope of the terrace outslope shall not exceed fifty per cent; and

(c) No highwalls may be left.

(3) All operations on natural slopes of more than twenty degrees or on such lesser slopes as the chief defines as a steep slope shall meet the provisions of rule 1501:13-13-05 of the Administrative Code.

(D) Spoil, except excess spoil disposed of in accordance with rule 1501:13-9-07 of the Administrative Code, shall be returned to the mined-out area or used in accordance with paragraph (E) of this rule for blending to restore approximate original contour.

(E) Blending of spoil. Spoil may be placed on the area outside the mined-out area in nonsteep slope areas within the limits of the approximate original contour by blending the spoil into the surrounding terrain provided all the following requirements are met:

(1) All vegetative and organic material shall be removed from the area;

(2) The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with rule 1501:13-9-03 of the Administrative Code; and

(3) The spoil area shall be backfilled and graded on the area in accordance with the requirements of this rule.

(F) Mountaintop removal. The requirements of this paragraph and of rule 1501:13-13-04 of the Administrative Code shall apply to coal mining operations which remove entire coal seams in the upper part of a mountain, ridge, or hill by removing all of the overburden. Final graded top plateau slopes on the mined area shall be less than twenty per cent so as to create a level plateau or gently rolling configuration and the outslopes of the plateau shall not exceed fifty per cent or such lesser slopes as the chief shall prescribe. Although the area need not be restored to approximate original contour, all highwalls, spoil piles, and depressions except as provided in paragraphs (G) and (H) of this rule shall be eliminated. All mountaintop removal operations shall, in addition, meet the provisions of rule 1501:13-13-04 of the Administrative Code.

(G) Small depressions. The requirement of this rule to achieve the approximate original contour does not prohibit construction of small depressions if they are approved by the chief to minimize erosion, conserve soil moisture, promote revegetation, or enhance fish and wildlife. These depressions shall be compatible with the approved postmining land use and shall not be inappropriate substitutes for construction of lower grades on the reclaimed lands. The total surface area and the holding capacity of the depression shall be approved by the chief. Permanent impoundments shall be governed by paragraph (H) of this rule and by rule 1501:13-9-04 of the Administrative Code.

(H) Permanent impoundments. Permanent impoundments may be retained in mined and reclaimed areas provided all highwalls are eliminated by grading to appropriate contour and the provisions for postmining land use pursuant to rule 1501:13-9-17 of the Administrative Code and protection of the hydrologic balance pursuant to rule 1501:13-9-04 of the Administrative Code are met. No impoundments shall be constructed on top of areas in which excess spoil is deposited pursuant to rule 1501:13-9-07 of the Administrative Code.

(I) Regrading or stabilizing rills and gullies. Rills and gullies which form in regraded, topsoiled areas shall be filled, regraded or otherwise stabilized and have the topsoil replaced and the areas reseeded or replanted, when the rills and gullies either:

(1) Disrupt the approved postmining land use or the reestablishment of the vegetative cover; or

(2) Cause or contribute to a violation of water quality standards.

(J) Covering or otherwise treating coal and acid-forming, toxic-forming, combustible, and other waste materials; stabilizing backfilled materials; and using waste material for fill.

(1) Covering all exposed coal seams remaining after mining. Any acid-forming, toxic-forming or combustible materials, or any other waste materials exposed, used, or produced from a coal mining operation shall be:

(a) Placed in such a manner so as to:

(i) Isolate said materials to minimize contact with water;

(ii) Prevent combustion; and

(iii) Prevent adverse effects on plant growth and land use;

(b) Placed in such a manner so as not to be in proximity to a drainage course; and

(c) Covered with four feet of nontoxic and noncombustible material or treated to a nontoxic and noncombustible state. The chief may allow less than four feet of cover material based on physical and chemical analyses which show the requirements of rule 1501:13-9-15 of the Administrative Code will be met.

(2) Stabilization. Backfilled materials shall be selectively placed and compacted wherever necessary to prevent leaching of acid- or toxic-forming materials into surface or subsurface waters in accordance with rule 1501:13-9-04 of the Administrative Code and wherever necessary to ensure the stability of the backfilled materials. The method of compacting material and the design specifications shall be approved by the chief before the acid- or toxic-forming materials are covered.

(3) Use of waste materials as fill. Coal mine wastes may be disposed of in the mined-out area only if disposed of in accordance with paragraphs (A) and (B) of rule 1501:13-9-09 of the Administrative Code, except that a long-term static safety factor of 1.3 shall be achieved.

(K) Grading along the contour. All final grading, preparation of overburden before replacement of topsoil, and placement of topsoil in accordance with rule 1501:13-9-03 of the Administrative Code, shall be done along the contour to minimize subsequent erosion and instability. If such grading, preparation or placement along the contour would be hazardous to equipment operators, then grading, preparation, or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation, or placement shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.

(L) The postmining slope may vary from the approximate original contour when approval is obtained from the chief for:

(1) Mountaintop removal operations in accordance with paragraph (C) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of paragraph (F) of this rule and of rule 1501:13-13-04 of the Administrative Code are met;

(2) A variance from approximate original contour requirements in accordance with paragraph (E) of rule 1501:13-4-12 of the Administrative Code, provided the performance standards of rule 1501:13-13-05 of the Administrative Code are met; or

(3) Incomplete elimination of highwalls in previously mined areas in accordance with paragraph (K) of rule 1501:13-4-12 of the Administrative Code, provided the following performance standards are met. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

(a) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the highwall. The area of reasonably available spoil shall be included within the permit area;

(b) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability;

(c) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the chief, that the highwall remnant is stable;

(d) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment; and

(e) For auger mining operations, the following additional requirements shall be met:

(i) The coal seam mined shall be covered with a minimum of four feet of nonacid-, nontoxic-forming material; and

(ii) The person who conducts the auger mining operation shall demonstrate to the chief that the backfill, designed by an engineer, has a minimum static safety factor for the stability of the backfill of at least 1.3.

R.C. 119.032 review dates: 05/12/2005 and 05/12/2010

Promulgated Under: 119.03

Statutory Authority: 1513.02

Rule Amplifies: 1513.16

Prior Effective Dates: 5/15/78 (Emer.), 8/28/78, 8/16/82 (Emer.), 10/27/82, 6/30/83, 10/1/88

1501:13-9-15 Revegetation.

(A) Definitions.

(1) "Countable tree" means a tree or shrub that:

(a) Is in place for at least two years;

(b) Is alive and healthy;

(c) Has at least one-third of its length in live crown, with green foliage during its growing season, and is not diseased or insect-infested; and

(d) Has a root crown or root sprouts over one foot in height. Root crowns or root sprouts over one foot in height shall count as one towards meeting the stocking requirements. Where multiple stems occur, only the tallest stem will be counted.

(2) "Ground cover" means the area of ground covered by the aerial parts of perennial and biennial vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.

(3) "Herbaceous species" means grasses and non-woody legumes.

(4) "Woody plants" means woody shrubs, trees, and vines.

(B) General requirements. The permittee shall establish on regraded areas and on all other disturbed areas except water areas and the surface areas of roads that are approved as part of the postmining land use, and other small incidental areas where revegetation would conflict with the postmining land use and no environmental harm would result, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is:

(1) Diverse, effective, and permanent;

(2) Comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the chief;

(3) At least equal in extent of cover to the natural vegetation of the area; and

(4) Capable of stabilizing the soil surface from erosion.

(C) Use of native and introduced species.

(1) The reestablished plant species shall:

(a) Be compatible with the approved postmining land use;

(b) Have the same seasonal characteristics of growth as the original vegetation;

(c) Be capable of self-regeneration and plant succession;

(d) Be compatible with the plant and animal species of the area; and

(e) Meet the requirements of applicable state and federal seed, poisonous and noxious plant, and introduced species laws or regulations.

(2) The chief may grant exceptions to the requirements of paragraphs (C)(1)(b) and (C)(1)(c) of this rule when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.

(3) When the chief approves a cropland postmining land use, the chief may grant exception to the requirements of paragraphs (B)(1), (B)(3), (C)(1)(b) and (C)(1)(c) of this rule. The requirements of rule 1501:13-13-03 of the Administrative Code apply to areas identified as prime farmland.

(D) Time of revegetation. Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after replacement of the topsoil or topsoil substitute. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, any disturbed areas shall be seeded and planted as contemporaneously as practicable after the completion of backfilling, grading, and topsoiling with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.

(E) Mulching and other soil stabilizing practices.

(1) Suitable mulch and/or other stabilizing practices shall be used on all areas that have been regraded and resoiled in order to control erosion, promote germination of seeds, or increase the moisture-retention capacity of the soil. The chief may suspend the requirements for mulch if the permittee can demonstrate that:

(a) Seasonal, soil, or slope factors result in a condition for which mulch and other soil-stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetative cover; and

(b) Alternative procedures will achieve the revegetation success standards of this rule for the approved postmining land use and will not cause or contribute to air or water pollution.

(2) Annual grasses and grains may be used alone as natural mulch, or in conjunction with another mulch, when the chief determines that they will provide adequate soil erosion control and cover and will later be replaced by perennial species approved for the postmining land use.

(3) Chemical soil stabilizers alone, or in combination with appropriate mulches, may be used in conjunction with vegetative covers approved for the postmining land use.

(F) General requirements for measuring success of revegetation.

(1) Success standards will differ depending on the approved postmining use of an area. In all revegetation efforts, the general requirements of this rule shall be met and the success of revegetation shall be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of cover compared to the cover occurring in natural vegetation of the area, and the requirements of paragraphs (B) and (C) of this rule. Statistically valid sampling techniques for measuring success of ground cover, production, or stocking for final performance security release shall be specified in guidelines for evaluating revegetation success compiled by the chief. The statistical sampling techniques shall use a ninety per cent confidence interval (i.e. one-sided test with a 0.10 alpha error).

(2) Except as provided in paragraph (F)(2)(a) of this rule the period of extended responsibility for revegetation success under the performance security requirement shall continue for not less than five full years.

(a) On lands eligible for remining included in permits issued pursuant to the requirements of rule 1501:13-4-12 of the Administrative Code and renewals thereof, the period of extended responsibility for revegetation success under the performance security requirement shall continue for not less than two full years.

(3) Except as provided in paragraph (F)(3)(a) of this rule, the period of extended responsibility shall begin on the date of the last augmented seeding, fertilizing, planting or other work necessary to ensure successful vegetation. The date of this last seeding, fertilizing, planting or other work shall be the same date that is recorded in the planting report required in paragraph (O) of this rule.

(a) For row crops planted on areas to be used for agricultural cropland, including prime farmland, the period of extended responsibility for revegetation shall commence on the date on which the initial planting of the crop has been completed. Promptly thereafter, the chief shall inspect the area to verify that the initial planting has been completed.

(4) The following practices will not be considered augmentative when the practice and the rate of application is an accepted local practice for comparable unmined lands that can be expected to continue as a postmining practice:

(a) Seeding, applying soil amendments, and irrigating to maintain productivity, as recommended by or as specified in technical guidelines published by the Ohio state university cooperative extension service as normal practices on cropland, pasture land or grazing land;

(b) Limited repair of rills and gullies. The chief will classify instances of rill and gully erosion repair as either limited or extensive, based on the extent of repairs needed and the cause of the erosion. The chief will consider extensive repairs to be augmentative;

(c) Reseeding and adding soil amendments when necessary to repair damage to land and/or established permanent vegetation, that is unavoidably disturbed in order to meet the reclamation standards of this chapter, provided that:

(i) The damage is not caused by a lack of planning, design, or implementation of the mining and reclamation plan, inappropriate reclamation practices on the part of the permittee, or the lack of established permanent vegetation; and

(ii) The total acreage of repaired areas under paragraphs (F)(4)(b) and (F) (4)(c) of this rule does not exceed ten percent of the total land affected, with no individual area exceeding three acres;

(d) Replanting of trees as a reinforcement measure on areas for which the approved planting plan requires woody vegetation; and

(e) Reseeding of legumes within three years after the initial planting where the legumes are expected to be present at the end of the period of extended responsibility.

(5) Reseeding of areas that have been unavoidably disturbed in the course of gaining access for removal of structures that are part of the sediment control system or initial seeding of areas upon which the sediment control system was located and subsequently removed will not restart the period of extended responsibility for revegetation success.

(6) For the purposes of paragraphs (F)(4)(c) and (F)(5) of this rule, permanent vegetation that is established or reestablished on these areas must have been seeded a minimum of twelve months prior to the request for phase III performance security release.

(G) Revegetation success standards for pasture or grazing land.

(1) Species diversity, seasonal variety and regenerative capacity of the vegetation of the revegetated area shall be evaluated on the basis of the results which could reasonably be expected using the revegetation methods described in the reclamation plan.

(2) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, are established and the area has sufficient ground cover to control erosion. As used in this paragraph, "established" means that individual plants have matured to the point that they are deriving their nourishment from the soil instead of from stored food in the seed. Development of secondary leaves is considered an indication that a plant is established.

(3) Revegetation shall be determined to be successful for a phase III performance security release when:

(a) The period of extended responsibility has expired and the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, equal or exceed the county average yield for hay for any two years of the period of extended responsibility except the first year; and

(b) For the last year of the period of extended responsibility and one additional year, except the first year, the ground cover shall equal or exceed ninety per cent and no single area with less than thirty per cent cover shall exceed the lesser of three thousand square feet or 0.3 per cent of the land affected.

(H) Revegetation success standards for areas to be used for agricultural cropland, other than prime farmland.

(1) Revegetation shall be determined to be successful for a reclamation phase approval or a phase II performance security release for row and hay crops when the species planted in accordance with the approved reclamation plan meet, at a minimum, the ground-cover standards of paragraph (G)(2) of this rule.

(2) Revegetation shall be determined to be successful for a phase III performance security release for row and hay crops when:

(a) The period of extended responsibility has expired and the yield data of crop harvest on the mined area for any two years of the period of extended responsibility, except the first year, equals or exceeds the average county yield for comparable crops and hay crops; and

(b) The vegetation meets, at a minimum, the ground cover standards of paragraph (G)(3)(b) of this rule during the last year of the period of extended responsibility.

(I) Revegetation success standards for prime farmland.

(1) The success in revegetation shall be determined on the basis of an average crop production from the reclaimed prime farmland areas compared to the target yields specified in the "Soil Data Mart" operated by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the "Soil Data Mart" is http://soildatamart.nrcs.usda.gov.

(2) The measurement of soil productivity shall be initiated within ten years after completion of soil replacement.

(3) The level of management applied during the measurement period shall be the same as the level of management used on nonmined prime farmland in the surrounding area.

(4) The reference crop on which restoration of soil productivity is proven shall be selected from the crops most commonly produced on the surrounding prime farmland. Where row crops are the dominant crops grown on the prime farmland in the area, the row crop requiring the greatest rooting depth shall be chosen as one of the reference crops.

(5) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release for row and hay crops when the yield data from three years of crop harvest on the mined area equals or exceeds the target yields specified in the "Soil Data Mart" operated by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the "Soil Data Mart" is http://soildatamart.nrcs.usda.gov.

(6) Revegetation shall be determined to be successful for a phase III performance security release for row and hay crops when the period of extended responsibility has expired and the yield data from at least three years of crop harvest on the mined area equals or exceeds the target yields specified in the "Soil Data Mart" operated by the U.S. department of agriculture, natural resources conservation service, as approved by the chief. The website for the "Soil Data Mart" is http://soildatamart.nrcs.usda.gov. The same yield data that was submitted for the phase II approval or the phase II release may be submitted for the phase III release.

(7) The average crop yield for prime farmland may be adjusted, if approved by the chief with the concurrence of the U.S. natural resources conservation service, for:

(a) Disease, pest, and weather-induced seasonal variations; or

(b) Differences in specific management practices when the overall management practices of the crops being compared are equivalent.

(J) Revegetation success standards for areas for which the postmining land use is industrial, residential, or commercial use, other than commercial forest land.

(1) For areas to be developed for the intended postmining land use within two years after regrading is completed:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the species planted in accordance with the approved mining and reclamation plan provide sufficient ground cover to control erosion; and

(b) Revegetation shall be determined to be successful for a phase III performance security release in the last year of the period of extended responsibility for revegetation success when substantial construction has begun, the area not disturbed by construction activity has sufficient ground cover to control erosion and the period of extended responsibility has expired.

(2) For areas to be developed for the intended postmining land use two or more years after regrading is completed, revegetation shall meet the ground cover success standards contained in paragraph (G)(2) of this rule for reclamation phase II approval or phase II performance security release and paragraph (G)(3)(b) of this rule for phase III performance security release, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release.

(K) General requirements for woody vegetation.

(1) For areas for which the approved postmining land use requires woody plants as the primary vegetation, success of revegetation shall be determined on the basis of tree, shrub, or half-shrub stocking and ground cover to ensure that commercial tree species, non-commercial tree species, or shrubs, sufficient for adequate use of available growing space, are established after coal mining.

(2) Quality stock and proven field techniques in the science of woody revegetation on mined areas shall be employed.

(3) The chief shall determine the appropriate stocking level of trees and shrubs, the appropriate species of trees and shrubs, the appropriate herbaceous species and mixtures of herbaceous species, and the appropriate planting arrangement after consultation with and approval by the division of forestry for areas where the approved postmining land use is forest, or consultation with and approval by the division of wildlife for areas where the approved postmining land use is fish and wildlife habitat or undeveloped land.

(4) The number of stems per unit area will be used to determine the degree to which space is occupied by properly distributed acceptable trees. Volunteer stems of acceptable tree species may also be counted.

(L) Revegetation success standards for forest land, fish and wildlife habitat, or other postmining land uses that require establishment of woody vegetation.

(1) For areas where the approved postmining land use is forest or fish and wildlife habitat, revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when:

(a) There are at least six hundred trees or shrubs per acre on each acre on which trees or shrubs are to be planted; and

(b) The herbaceous ground cover provides the greater of thirty per cent cover or sufficient cover to control erosion.

(2) Revegetation shall be determined to be successful for a phase III performance security release in the last year of the period of extended responsibility for revegetation success when the period of extended responsibility has expired, the herbaceous ground cover is at least seventy per cent, and:

(a) For areas where the approved postmining land use is forest, the area has a minimum of four hundred fifty countable trees per acre, of which a minimum of seventy-five per cent are commercial tree species, and of which eighty per cent have been in place for at least three years, on each acre on which trees or shrubs are to be planted; or

(b) For areas where the approved postmining land use is fish and wildlife habitat, the area has a minimum of two hundred fifty countable trees per acre, of which eighty per cent have been in place for at least three years, on each acre on which trees or shrubs are to be planted.

(M) Revegetation success standards for undeveloped land.

(1) For areas for which the approved postmining land use is undeveloped land, success of revegetation shall be determined on the basis of ground cover and the proper planting of appropriate tree and shrub species specified in the approved planting plan. Such plans shall include tree or shrub plantings over ten to fifty per cent of the revegetated area. Planting locations shall include slopes steeper than twenty degrees and areas along drainways and permanent sources of water.

(2) In addition to meeting the general requirements for woody vegetation contained in paragraphs (K)(2) and (K)(3) of this rule, the selected tree and shrub species and herbaceous ground cover species shall have value as wildlife habitat, and the herbaceous ground cover species shall be compatible with the growth of acceptable species of trees and shrubs, as determined by the chief with consultation of the division of wildlife.

(3) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the herbaceous ground cover species are established and provide sufficient ground cover to control erosion.

(4) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired, and:

(a) Acceptable species of trees and shrubs have been properly planted and in accordance with the approved planting plan at a rate of six hundred trees or shrubs per acre on each acre on which trees or shrubs are to be planted;

(b) The herbaceous ground cover on areas not planted with trees or shrubs meets the ground cover standards of paragraph (G)(3)(b) of this rule, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release; and

(c) The herbaceous ground cover on areas on which trees or shrubs are planted is at least seventy per cent in the last year of the period of extended responsibility for revegetation success.

(N) Revegetation success standards for recreation areas.

(1) For areas where the approved postmining land use is developed recreation facilities, including but not limited to portions of parks, camps, and amusement areas where woody vegetation would be incompatible with the approved postmining land use, the area shall meet the ground cover standards of paragraph (G)(2) of this rule for reclamation phase II approval or phase II performance security release and paragraph (G)(3)(b) of this rule for phase III performance security release, except that only one ground cover evaluation in the last year of the period of extended responsibility for revegetation success is necessary for phase III performance security release.

(2) For areas where the approved postmining land use is recreation area with less intensive uses, such as hiking or canoeing, the area shall meet the general requirements for woody vegetation in accordance with paragraph (K) of this rule, and the revegetation success standards of paragraph (L)(1) of this rule for reclamation phase II approval or phase II performance security release and paragraph (L)(2) of this rule in the last year of the period of extended responsibility for revegetation success for phase III performance security release.

(O) Revegetation success standards on lands eligible for remining.

(1) For pasture and grazing land:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the standards of paragraph (G)(2) of this rule are met; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired and the species planted in accordance with the approved reclamation plan, including natural succession and non-noxious volunteer species consistent with the reclamation plan, have provided, during the last year of the period of extended responsibility, ground cover equal to or exceeding seventy percent cover and adequate to control erosion, with no single area with less than thirty percent cover exceeding the lesser of three thousand square feet or 0.3 per cent of the land affected.

(2) For cropland, other than prime farmland:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when the standards of paragraph (G)(2) of this rule are met; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when:

(i) The period of extended responsibility has expired and the yield data of crop harvest on the mined area for any year of the period of extended responsibility, except the first year, equals or exceeds the average county yield for comparable crops and hay crops; and

(ii) The vegetation meets, at a minimum, the ground cover standards of paragraph (O)(1)(b) of this rule during the last year of the period of extended responsibility.

(3) For industrial, residential, or commercial land use, other than commercial forest land:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when vegetation meets the ground cover success standards of paragraph (G)(2) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when vegetation meets the standards of paragraph (O)(1)(b) of this rule.

(4) For forest land, fish and wildlife habitat, or other land use which requires the establishment of woody vegetation:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release when vegetation meets the success standards of paragraph (L)(1) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when vegetation meets the standards of paragraph (L)(2) of this rule, except that of the minimum countable trees per acre, eighty per cent have been in place for at least two years, on each acre on which trees or shrubs are to be planted.

(5) For undeveloped land;:

(a) Success of revegetation shall be determined as provided in paragraphs (M)(1), (M)(2) and (M)(3) of this rule; and

(b) Revegetation shall be determined to be successful for a phase III performance security release when the period of extended responsibility has expired and the vegetation meets the requirements of paragraph (M)(3) of this rule except that the herbaceous ground cover on areas not planted with trees or shrubs must meet the standards of paragraph (O)(1)(b) of this rule.

(6) For recreation areas:

(a) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release, for areas where herbaceous vegetation comprises the ground cover, when the standard of paragraph (G)(2) of this rule are met;

(b) Revegetation shall be determined to be successful for a phase III performance security release, for the areas listed in paragraph (O)(6)(a) of this rule, when the standards of paragraph (O)(1)(b) of this rule are met;

(c) Revegetation shall be determined to be successful for a reclamation phase II approval or a phase II performance security release, for areas which require the planting of woody vegetation as described in paragraph (N)(2) of this rule, when the standards of paragraph (L)(1) of this rule are met; and

(d) Revegetation shall be determined to be successful for a phase III performance security release for areas listed in paragraph (O)(6)(c) of this rule, when the standards of paragraph (L)(2) of this rule are met.

(P) Planting report. Upon completion of planting, the permittee shall file planting reports with the chief, on a form prescribed and furnished by the chief, providing the following information:

(1) Permit number;

(2) The type of planting or seeding, including mixtures and amounts;

(3) The date of planting, seeding, or reseeding;

(4) The area of land planted; and

(5) Such other relevant information as the chief may require.

Effective: 04/30/2009
R.C. 119.032 review dates: 02/06/2009 and 04/20/2014
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 9/1/77, 5/15/78 (Emer.), 8/28/78, 5/1/80, 8/16/82 (Emer.), 10/27/82, 6/30/83, 8/20/84, 10/1/88, 6/14/90, 8/5/91, 1/1/93, 11/27/93, 10/3/94, 3/31/97, 12/10/98

1501:13-9-16 Cessation of operations.

(A) Temporary cessation.

(1) Each person who conducts coal mining operations shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a person of his obligations to comply with any provisions of the approved plan of mining and reclamation for such permit.

(2) Before temporary cessation of mining and reclamation operations for a period of thirty days or more, or as soon as it is known that a temporary cessation will extend beyond thirty days, persons who conduct coal mining operations shall submit to the chief a notice of intention to cease or abandon mining and reclamation operations. This notice shall include a statement of the exact number of acres which will have been affected in the permit area prior to such temporary cessation, the extent and kind of reclamation of those areas which will have been accomplished and identification of the backfilling, regrading, revegetation, environmental monitoring, and water treatment activities that will continue during the temporary cessation, and an estimate of the date that operations will resume.

(B) Permanent cessation.

(1) Persons who cease coal mining operations permanently shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with these rules and the approved plan of mining and reclamation for the permit area.

(2) All underground openings, equipment, structures, or other facilities not required for monitoring unless approved by the chief as suitable for the postmining land use or environmental monitoring, shall be removed and the affected land reclaimed.

R.C. 119.032 review dates: 05/12/2005 and 05/12/2010

Promulgated Under: 119.03

Statutory Authority: 1513.02

Rule Amplifies: 1513.16

Prior Effective Dates: 10/27/82

1501:13-9-17 Postmining use of land.

(A) All affected areas shall be reclaimed in a timely manner:

(1) To conditions that are capable of supporting the uses which they were capable of supporting before any mining; or

(2) To higher or better uses achievable under criteria and procedures of paragraph (D) of this rule.

(B) The premining uses of land to which the postmining land uses are compared shall be those uses which the land previously supported if the land had not been previously mined and had been properly managed.

(1) The postmining land use for land that was mined pursuant to a license issued prior to April 10, 1972 shall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.

(2) The land may be returned to the undeveloped postmining land use category only if the land was categorized as undeveloped land prior to mining.

(C) "Land use" means specific uses or management-related activities, rather than the vegetation or cover of the land. Land use is categorized in the following categories. Changes of land use or uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the chief pursuant to paragraph (D) of this rule.

(1) The cropland category includes land in the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included for purposes of these land use categories.

(2) The pastureland category includes land occasionally cut for hay and land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.

(3) The grazingland category includes both grassland and forest land where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production. Land used for facilities in support of ranching operations which are adjacent to or an integral part of these operations is also included.

(4) The industrial category includes land used for extraction or transformation of materials for fabrication of products, wholesaling of products or for long-term storage of products. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining, and fabricated metal products manufacture. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include, but are not limited to, all rail, road, and other transportation facilities.

(5) The commercial category includes land used for retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage, or shipping facilities.

(6) The developed water resources category includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control, and water supply.

(7) The recreation category includes land used for public or private leisure-time use, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing and other undeveloped recreational uses.

(8) The residential category includes land used for single and multiple-family housing, mobile home parks, and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use.

(9) For forest category includes land used for the commercial or noncommercial production of wood, wood fiber, or wood derived products and land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations.

(10) The fish and wildlife habitat category includes land used wholly or partially for the production, protection or management of species of fish or wildlife.

(11) The undeveloped land use category includes land that is not currently being used or managed or, if previously used or managed, is land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.

(D) An alternative postmining land use may be approved by the chief of the division of reclamation, after consultation with the landowner or the land management agency having jurisdiction over state or federal lands, if the following criteria are met.

(1) The proposed land use is compatible with adjacent land use and where applicable, with existing local, state, or federal land use policies and plans.

(2) The plans show the feasibility of the postmining land use and include a schedule showing how the proposed use will be developed and achieved within a reasonable time.

(3) The plans include letters of commitment from other parties to provide for necessary public facilities that are required for the proposed use.

(4) The proposed use or uses will neither present actual or probable hazard to public health or safety, nor will they pose any actual or probable threat of water flow diminution or pollution.

(5) The use or uses will not involve unreasonable delays in reclamation.

(6) The proposed postmining land use identifies measures to prevent or mitigate adverse effects on fish and wildlife, and threatened or endangered plants or animals or their critical habitats, and an opportunity to comment has been provided in accordance with rule 1501:13-9-11 of the Administrative Code to appropriate state and federal fish and wildlife management agencies.

Eff 8-28-78; 5-1-80; 10-27-82; 11-27-93; 8-22-94
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 1513.16
119.032 Review date: 10-3-00; 10-3-05

1501:13-9-18 Extension of time for limestone, clay and shale removal.

(A) Request for extension of the time limits of paragraph (A)(3) of rule 1501:13-9-13 of the Administrative Code for the purpose of removing limestone, clay, or shale shall be submitted in writing to the chief of the division of mineral resources management not less than sixty days prior to the time the reclamation required by paragraph (A) of rule 1501:13-9-13 of the Administrative Code must otherwise commence.

(B) Requests for extension of time filed pursuant to paragraph (A) of this rule shall be on a form prescribed by the chief and shall include the following information:

(1) The name and address of the permittee or operator;

(2) The permit number of the area on which the extension of time is requested;

(3) The date the original permit was issued and the date mining began;

(4) The number of acres permitted;

(5) The number of acres with respect to which the extension of time to begin or complete reclamation is requested, and if such request for extension does not include the entire permitted area, a map prepared in accordance with these rules and showing the acreage of the request shall be filed;

(6) A time schedule for beginning and completion reclamation, which schedule shall include the dates backfilling will begin and be completed; the dates grading will begin and be completed; the dates resoiling will begin and be completed; and the date planting will begin and be completed;

(7) Identification of coal, limestone, clay, and shale seams to be mined, including:

(a) The name or identifying number of coal seam;

(b) The average thickness of the coal seam;

(c) The name or identifying number of the shale seam;

(d) The average thickness of the shale seam;

(e) The name or identifying number of the clay seam;

(f) The average thickness of the clay seam;

(g) The name or identifying number of the limestone seam; and

(h) The average thickness of the limestone seam;

(8) Production data or other information indicating that the permittee or operator requesting such extension is in a business which substantially utilizes the limestone, clay or shale, which data or other information shall cover the three preceding years, if available, and include the tonnage produced per month; the person to whom the limestone, clay or shale is sold or by whom it is otherwise utilized; and the number of years the permittee or operator has been engaged in limestone, clay or shale production;

(9) A statement by the permittee or operator explaining in detail the facts, circumstances, conditions and reasons why the permittee or operator would not be able to begin or complete reclamation as required by paragraph (A) of rule 1501:13-9-13 of the Administrative Code; and

(10) The signature of the permittee or operator and the date of request.

Effective: 02/12/2009
R.C. 119.032 review dates: 11/28/2008 and 02/01/2014
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 8-28-78, 10-27-82, 2-15-03