(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 fence posts, trees, engineering lath or stakes;
(2) The proposed permit boundary shall be marked either with six inches of orange paint or 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;
(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; and
(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, as described in paragraph (E) of rule 1501:13-9-04 of the Administrative Code, shall be clearly marked along their boundaries as required by paragraphs (C)(1), (C)(3) and (C)(5) of this rule. Buffer zones shall be marked either with six inches of orange paint with black stripes or with an orange and black striped plastic flag, approximately three feet above the ground. Markers shall be located so that they clearly define the limits of the buffer zone and so that when a person is standing at any marker on the buffer zone boundary, the adjacent buffer zone markers in either direction are visible.
Five Year Review (FYR) Dates: 11/02/2015 and 01/16/2021
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 8/28/78, 8/16/82 (Emer.), 10/27/82, 10/21/88, 04/30/09