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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 1501:14-3 | Drainage and Soil

 
 
 
Rule
Rule 1501:14-3-02 | Minimizing acid drainage and acid water accumulation.
 

To minimize acid drainage and the accumulation of acid water, the operator shall, unless otherwise approved in the mining and reclamation plan, isolate any acid producing refuse material in a location that will minimize acid water formation and that will prevent such material from coming into contact with surface water, and promptly cover the acid producing refuse material with a minimum of three feet of non-acid producing material.

Supplemental Information

Authorized By: 1514.08
Amplifies: 1514.011, 1514.02, 1514.08
Five Year Review Date: 12/16/2022
Prior Effective Dates: 3/24/1975
Rule 1501:14-3-03 | Permanent water impoundments.
 

(A) To insure that upon completion of reclamation any lake or pond located within the area of land affected is free of substances resulting from mining in amounts or concentrations that are harmful to persons, fish, waterfowl, or other beneficial species of aquatic life, the operator shall:

(1) Construct dams or otherwise provide that the water level within any permanent water impoundment is maintained at no less than four feet above any acid producing materials within the impoundment;

(2) Cover with non-acid producing material to a minimum depth of three feet, any acid producing material resulting from mining located within the drainage area of the lake or pond;

(3) Prevent surface water resulting from mining which contains substances in amounts or concentrations that are harmful to persons, fish, waterfowl, or other beneficial species of aquatic life from flowing into any permanent impoundment;

(4) Maintain all impounded water at a pH of 6.0 or above; and

(5) Maintain a minimum water depth of six feet in each impoundment, unless otherwise required by the future intended use and approved in the mining and reclamation plan.

(6) Lime mining waste may be employed as a component of developing fish spawning zones or reef zones within a permanent impoundment. These zones shall be constructed in consultation with accredited wildlife biologists. The designated areas shall be sufficiently covered with a minimum cover of four feet of non-toxic earthen material, unless an alternative plan for cover or treatment is approved by the chief based upon a showing by the applicant that the alternative plan is as effective for protecting water quality and sustaining vegetative growth, before other materials such as sand, stone or rock are employed to create the spawning or reef surfaces.

(B) To insure public safety the operator shall:

(1) Stabilize the banks of the impoundments;

(2) Provide egress from the impoundment;

(a) Lime mining waste may be employed in final reclamation of a highwall to provide additional egress from the impounded area. The egress area shall be no steeper than fifteen degrees in accordance with paragraph (C) of this rule beginning at the anticipated low water level and extending beyond the highest level of normal annual fluctuation at least twelve feet. A minimum of four feet of non-toxic earthen material shall cover the submerged slope, with an additional six inches of topsoil used to cap any exposed slope, unless an alternative plan for cover or treatment is approved by the chief based upon a showing by the applicant that the alternative plan is as effective for protecting water quality and sustaining vegetative growth. The earthen cover shall be planted with a diverse vegetative cover in accordance with this chapter.

(3) Restrict access to the impoundment where access is not required for the future intended use; and

(4) Perform other measures as are necessary to insure public safety because of the particular site conditions.

(C) To assure safe access where permanent impoundments are intended for recreational use, the operator shall construct designated access areas consistent with the intended recreational use, which access areas shall be no steeper than fifteen degrees beginning at the anticipated low water level and extending beyond the highest level of normal annual water fluctuation at least twelve feet.

(D) To prevent hazards to adjoining properties, the operator shall construct any dams that are part of a permanent impoundment in accordance with the requirements of rule 1501:14-3-11 of the Administrative Code and all other applicable federal, state, or local laws.

Supplemental Information

Authorized By: 1514.08, 1514.081
Amplifies: 1514.011, 1514.02, 1514.081
Five Year Review Date: 12/16/2022
Prior Effective Dates: 3/25/1975, 10/6/2011
Rule 1501:14-3-04 | Use of explosives in industrial minerals operations.
 
Text for this version of Rule 1501:14-3-04 is unavailable.

Supplemental Information

Authorized By: 1514.12
Amplifies: 1514.011, 1514.02, 1514.12
Five Year Review Date: 12/16/2022
Prior Effective Dates: 3/24/1975, 5/1/2003
Rule 1501:14-3-05 | Underground water supplies.
 

(A) To insure that contamination, resulting from mining, of underground water supplies is prevented, the operator shall comply with the following conditions and requirements:

(1) Promptly seal all auger holes with non-acid producing, impervious material to a compacted depth of four feet above the top of the mineral or coal seam, which seal shall be maintained until the auger hole is permanently sealed as approved in the mining and reclamation plan, provided that auger holes that are not located near the base of the highwall are not required to be sealed;

(2) Cover any acid producing materials located in the bottom of the pit and any coal seam located near the base of the highwall with non-acid producing material to a minimum depth of three feet;

(3) Seal all shafts, boreholes, wells and other openings that are intercepted during mining in such a manner that contamination of underground water supplies shall be prevented; and

(4) When an underground mine is intercepted and the operator does not intend to mine the underground works, seal the opening with compacted, impervious materials to a depth of three times the greater dimension of the opening unless otherwise approved in an amended mining and reclamation plan. Such seal shall be inspected and approved by the chief or his or her representative before backfilling the area.

(B) To prevent impacts of dewatering from the drilling of boreholes or test holes that have groundwater flowing to the surface, the operator shall, for any borehole or test hole that contains groundwater which is flowing to the surface, plug the borehole or test hole within thirty days of drilling to cease the flowing of groundwater to the surface.

Supplemental Information

Authorized By: 1514.08
Amplifies: 1514.011, 1514.02, 1514.08
Five Year Review Date: 9/13/2022
Prior Effective Dates: 3/24/1975
Rule 1501:14-3-06 | Final slopes.
 

The operator shall:

(A) Grade, contour, or terrace the final slopes to a slope angle sufficient to achieve soil stability and control landslides, erosion, and sedimentation. Slopes with a slope angle of eighteen degrees or less shall be presumed sufficient. Highwalls retained as part of the intended future use shall not be regarded as final slopes; and

(B) Establish diversion ditches with controlled outlets on any final slopes sufficient to achieve soil stability and control landslides, erosion, and sedimentation.

Supplemental Information

Authorized By: 1514.08
Amplifies: 1514.02, 1514.08, 1514.011
Five Year Review Date: 12/16/2022
Rule 1501:14-3-07 | Final highwalls.
 

To insure public safety when highwalls are retained as part of the intended future use, the operator shall:

(A) Design the procedures to detonate explosives in a manner that the final highwall will not be fractured to an unstable condition;

(B) Stabilize any unstable final highwalls;

(1) Lime mining waste used to backfill highwalls. An angle of eighteen degrees or less, in accordance with paragraph (A) of rule 1501:14-3-06 of the Administrative Code, from the top of the highwall to the quarry floor shall be deemed acceptable with a minimum of four feet of non-toxic earthen material covering the submerged slope, with an additional six inches of topsoil used to cap any exposed slope, then planted to a diverse vegetative cover in accordance with Chapter 1501:14-3 of the Administrative Code. An alternative plan for cover or treatment may be approved by the chief based upon a showing by the applicant that, at a minimum, the alternative plan is as effective as four feet of cover for protecting water quality and sustaining vegetative growth.

(C) Provide egress from the pit area;

(D) Restrict access to the highwall as approached from the top; and

(E) Perform other measures as are necessary to insure public safety because of the particular site conditions.

Supplemental Information

Authorized By: 1514.08, 1514.081, 1514.12
Amplifies: 1514.011, 1514.02, 1514.081, 1514.12
Five Year Review Date: 9/13/2022
Prior Effective Dates: 3/24/1975, 8/1/2005
Rule 1501:14-3-08 | Resoiling.
 

To raise and maintain a diverse growth of vegetative cover capable of self-regeneration and plant succession, the operator shall comply with the following requirements and conditions:

(A) Remove and segregate topsoil or subsoil in sufficient quantities to redistribute over the surface of the affected area in accordance with paragraphs (C) and (D) of this rule;

(B) Store or stockpile the segregated topsoil or subsoil in a manner and location so that it will be protected from contamination or loss and be maintained in a condition suitable to establish and maintain a diverse vegetative cover;

(C) Resoil with topsoil or subsoil the surface of each affected area where the surface is not capable of establishing and maintaining a diverse growth of vegetation;

(D) Resoil with topsoil or subsoil to a minimum compacted depth of eight inches on any surface which contains acid producing materials, and to a compacted depth of six inches on all other surfaces required to be resoiled by paragraph (C) of this rule;

(E) If resoiling is required in accordance with paragraph (C) of this rule but topsoil and subsoil are not present on the area or are present in insufficient quantities to comply with paragraph (D) of this rule, the operator shall segregate and store in accordance with paragraphs (A), (B) and (D) of this rule, all available topsoil, available subsoil, and the substitute resoiling material as approved in the mining and reclamation plan; and

(F) Condition the surface of the affected area to be planted to establish a suitable seedbed.

Supplemental Information

Authorized By: 1514.08
Amplifies: 1514.011, 1514.02, 1514.08
Five Year Review Date: 9/13/2022
Prior Effective Dates: 3/24/1975
Rule 1501:14-3-09 | Soil amendments.
 

To establish and maintain a diverse growth of permanent vegetation adequate to bind the soil and to control soil erosion and sedimentation, the operator shall:

(A) Apply lime to the surface of the area to be planted in the amounts and analyses recommended by the results of standard soil tests for acidity, consistent with the land-management objectives and the type of vegetation to be established;

(B) Apply fertilizer to the surface of the area to be planted in the amounts and analyses recommended by the results of standard soil tests, consistent with the land-management objectives and the type of vegetation to be established;

(C) Apply soil stabilizers and/or mulch where necessary to promote seed germination and where necessary for reasons of the slope length or slope angle to control erosion or sedimentation; and

(D) Apply soil amendments other than lime, fertilizer, or mulch, consistent with the requirements of paragraphs (A), (B), and (C) of this rule, as approved in the mining and reclamation plan.

Supplemental Information

Authorized By: 1514.08
Amplifies: 1514.011, 1514.02, 1514.08
Five Year Review Date: 9/13/2022
Rule 1501:14-3-10 | Revegetation.
 

To establish a diverse permanent vegetative cover capable of self-regeneration, plant succession, and to control soil erosion, the operator shall comply with the following conditions and requirements:

(A) Permanent planting shall be completed on the surface of the affected area immediately upon the completion of any required grading or resoiling except when the grading and resoiling are completed within a season that is not suitable for planting, in which case the permanent planting shall be completed at the earliest possible time within the next appropriate planting season;

(B) The permanent planting shall contain species of perennial grasses and legumes unless otherwise required by the future intended use and approved in the mining and reclamation plan. Small grains or fast-growing annual grasses may be used to provide adequate cover to control erosion and shall later be replaced by perennial species;

(C) Trees shall be planted in the species, amounts and spacing as are consistent with the intended future use and approved in the mining and reclamation plan;

(D) The permanent vegetation shall be deemed to be a successful diverse vegetative cover capable of self-regeneration and plant succession if the vegetation planted in accordance with paragraph (B) of this rule has survived two growing seasons and if the permanent vegetative cover has been established and maintained in accordance with the following standards:

(1) Any individual barren area shall not exceed 0.3 per cent of the total affected area for which the "Request for Approval of Planting and All Other Reclamation" has been submitted;

(2) The total barren area shall not exceed 1.0 per cent of the total affected area for which the "Request for Approval of Planting and All Other Reclamation" has been submitted;

(3) The total sparse area shall not exceed 10 per cent of the total affected area for which the "Request for Approval of Planting and All Other Reclamation" has been submitted; and

(4) For purposes of this rule, barren area means any area with permanent vegetative cover equal to or less than 30 per cent, and sparse area means any area with permanent vegetative cover greater than 30 per cent but less than 75 per cent; and

(E) If agricultural crops required by the future intended use are planted in lieu of the permanent planting required in paragraph (B) of this rule and as approved in the mining and reclamation plan, such crops shall be raised and managed for two years in accordance with good farming practices.

Supplemental Information

Authorized By: 1514.08
Amplifies: 1514.011, 1514.02, 1514.08
Five Year Review Date: 9/13/2022
Prior Effective Dates: 3/24/1975
Rule 1501:14-3-11 | Construction of dams, dikes, diversions, impoundments, and drainage channels.
 

To prevent damage to adjoining property from flooding, landslides, and flood hazards resulting from mining operations, the operator shall:

(A) Construct necessary sediment and flood control impoundments that shall:

(1) Have a minimum storage capacity below the crest of the principal spillway of 0.2 acre-feet per acre of disturbed area within the watershed;

(2) Be located within each affected watershed;

(3) Have primary and secondary spillway systems capable of safely passing the required peak design flows without endangering the safety of the dam;

(4) Include means of dissipating the energy of flow at the spillway outlets without eroding the dam or the downstream channel;

(5) Have vegetation established on the slopes of the impoundments and the dam to prevent erosion; and

(6) Be cleaned out whenever sediment fills half the minimum storage capacity of the impoundment, which sediment shall be disposed of in a manner consistent with the intended future use of the area;

(B) Construct dikes, diversions, and drainage channels that shall:

(1) Direct drainage from the affected area to sediment and flood control impoundments and divert runoff around or away from the affected areas;

(2) Protect existing natural streams; and

(3) Be constructed with sufficient capacity to safely carry peak design flows;

(C) Use impervious materials to construct all dams, dikes, and drainage channels. Where impervious materials are not available at the site, the chief may approve use of alternate materials, designs, or methods;

(D) Assure that water controlled by pumping or other mechanical methods is controlled in a manner that will prevent damage to adjoining property;

(E) Comply with all federal, state, or local laws applicable to the design, construction, operation, and maintenance of dams, dikes, diversions, drainage channels, and impoundments; and

(F) Reclaim all dams, dikes, diversions, drainage channels, and impoundments unless specified as permanent structures in the mining and reclamation plan.

Supplemental Information

Authorized By: 1514.08
Amplifies: 1514.011, 1514.02, 1514.08
Five Year Review Date: 12/16/2022
Prior Effective Dates: 3/24/1975
Rule 1501:14-3-12 | Beneficial quarry fill.
 

Lime mining wastes as quarry fill.

Lime mining wastes may be placed in a mined out area of a quarry in order to achieve the approximate original elevation. The operator shall transport, backfill and compact where applicable to ensure stability. The reclaimed surface shall be resoiled with a minimum of four feet of non-toxic earthen material and a minimum of six inches of topsoil unless an alternative plan for cover or treatment is approved by the chief based upon a showing by the applicant that the alternative plan is as effective for protecting water quality and sustaining vegetative growth. The graded surface shall be revegetated in accordance with this chapter. All exposed slopes shall be constructed to eighteen degrees from the top of the fill to the bottom of the quarry floor with the appropriate earthen cover.

Supplemental Information

Authorized By: 1514.08, 1514.081
Amplifies: 1514.02, 1514.081
Five Year Review Date: 9/11/2025
Prior Effective Dates: 8/1/2005
Rule 1501:14-3-13 | Controlled placement of lime mining wastes (LMW).
 

Transportation, placement, and compaction.

(A) When transporting, placing and compacting LMW, the permittee shall comply with all applicable emission controls required by Chapter 3704. of the Revised Code and the rules thereunder;

(B) LMW shall be placed in a controlled manner to prevent mass movement;

(C) The placement area shall be constructed to minimize the infiltration of water;

(D) The placement area shall be within the permit, shown as affected or proposed to be affected, and bonded;

(E) The final configuration shall be compatible with the natural drainage pattern and surroundings and suitable for intended uses;

(F) The design of the LMW placement area shall be certified by a qualified registered engineer in conformance with professional standards;

(G) The permittee shall minimize disturbances of and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable; and

(H) The placement and use of LMW shall be protective of human health and the environment and not damage public or private property.

Supplemental Information

Authorized By: 1514.08, 1514.081
Amplifies: 1514.02, 1514.081
Five Year Review Date: 9/11/2025
Prior Effective Dates: 8/1/2005