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