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Rule 1501:13-4-15 | Authorization to conduct coal mining on pollution abatement areas.

...(A) Applicability. (1) This rule shall apply to applicants who seek authorization to conduct coal mining operations under modified effluent limitations of a remining NPDES permit on certain previously mined areas in which the earlier coal mining operations have resulted in continuing water pollution, and sets forth the terms and conditions under which the chief may release performance security to...

Rule 1501:13-4-16 | Requirements for exemption for coal extraction incidental to the extraction of other minerals.

...The purpose of this rule is to establish exemption criteria so that legitimate operators of industrial minerals mining operations regulated under Chapter 1514. of the Revised Code may extract coal which they encounter incidentally while recovering other minerals, without being subject to the permitting and performance standards of Chapter 1513. of the Revised Code. Continued qualification for the exemption ...

Rule 1501:13-5-01 | Review, public participation, and approval or disapproval of permit applications and permit terms and conditions.

...(A) Public notices of filing of permit applications, applications for significant revisions to permits, and applications for permit renewal. (1) After the chief determines an application for a permit, for a significant revision to a permit, or for a permit renewal to be complete, the applicant shall place an advertisement in a local newspaper of general circulation in the locality of the prop...

Rule 1501:13-5-02 | Improvidently issued permits.

...(A) If the chief has reason to believe that a coal mining and reclamation permit was improvidently issued, the chief shall review the circumstances under which the permit was issued using the criteria in this rule. (B) (1) The chief shall make a preliminary finding that a coal mining and reclamation permit was improvidently issued if: (a) Under the permit eligibility criteria in effect at the time the permit was...

Rule 1501:13-6-03 | Small operator assistance program.

...(A) General. (1) The small operator assistance program (S.O.A.P.) governs the procedures for providing financial assistance to qualified small mine operators who request assistance under division (B)(3) of section 1513.07 of the Revised Code for: (a) The determination of the probable hydrologic consequences of mining and reclamation under division (B)(1)(k) of section 1513.07 of the Revised Code...

Rule 1501:13-7-01 | General requirements for providing performance security for coal mining and reclamation operations.

...(A) Requirement to file performance security. (1) After an application for a permit to conduct coal mining and reclamation operations has been approved under these rules, the applicant shall file with the chief performance security in compliance with these rules. (a) If the applicant provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of this r...

Rule 1501:13-7-01 | General requirements for providing performance security for coal mining and reclamation operations.

...(A) Requirement to file performance security. (1) After an application for a permit to conduct coal mining and reclamation operations has been approved under these rules, the applicant shall file with the chief performance security in compliance with these rules. (a) If the applicant provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragr...

Rule 1501:13-7-02 | Amount and duration of performance security.

...(A) Performance security amount for permits for which the applicant or permittee provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code. (1) The amount of the performance security shall be two thousand five hundred dollars per acre of land on which the permittee will conduct a coal mining and reclamat...

Rule 1501:13-7-03 | Form, conditions, and terms of performance security.

...(A) Form of the performance security. The performance security to be submitted by the applicant or permittee shall be on forms furnished by the chief. The chief shall allow for: (1) A surety bond; (2) A collateral bond; (3) A trust fund; or (4) A combination of any of these forms of performance security. (B) Terms and conditions of the performance security. (1) The performance securi...

Rule 1501:13-7-03 | Form, conditions, and terms of performance security.

...(A) Form of the performance security. The performance security to be submitted by the applicant or permittee shall be on forms furnished by the chief. The chief shall allow for: (1) A surety bond; (2) A collateral bond; (3) A trust fund; or (4) A combination of any of these forms of performance security. (B) Terms and conditions of the performance security. (1) The performance securi...

Rule 1501:13-7-05 | Procedures, criteria, and schedule for release of performance security for permits reliant on the reclamation forfeiture fund.

...This rule applies to a permittee that provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code. (A) Procedures for seeking release of performance security. (1) Request for approval of reclamation. After all reclamation, restoration, and abatement work in a reclamation phase, as defined in paragraph (B)...

Rule 1501:13-7-05.1 | Procedures, criteria, and schedule for release of performance security for permits not reliant on the reclamation forfeiture fund.

...This rule applies to a permittee that provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code. (A) Procedures for seeking approval of a reclamation phase and release of performance security. (1) Request for approval of reclamation. (a) After all reclamation, restoration, and abatement work in a reclamation...

Rule 1501:13-7-06 | Performance security forfeiture criteria and procedures.

...(A) Performance security forfeiture criteria. The chief shall forfeit performance security under the procedures contained in paragraph (C) of this rule whenever any of the following criteria applies: (1) The permittee failed to comply with a notice of violation issued for failure to complete any phase of reclamation within the time required by the mining and reclamation plan and any time exte...

Rule 1501:13-7-06 | Performance security forfeiture criteria and procedures.

...(A) Performance security forfeiture criteria. The chief shall forfeit performance security under the procedures contained in paragraph (C) of this rule whenever any of the following criteria applies: (1) The permittee failed to comply with a notice of violation issued for failure to complete any phase of reclamation within the time required by the mining and reclamation plan and any time exte...

Rule 1501:13-7-06.1 | Tax credit for reclamation outside an applicant's permit area.

...(A) Applicability. This rule shall apply to a permittee providing performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code who wishes to claim a tax credit under section 5749.11 of the Revised Code. This rule sets forth the terms and conditions under which the chief may approve an application to perform reclamat...

Rule 1501:13-7-08 | Reclamation phase approval conference and performance security release conference.

...(A) Procedure for requesting a reclamation phase approval conference or a performance security release conference. (1) The following persons may request a reclamation phase approval conference or a performance security release conference: (a) A person with a valid legal interest which may be adversely affected by approval of a reclamation phase or release of performance security, pursuant to rule 1501:13-7-05 or 15...

Rule 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...

Rule 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 an...

Rule 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 an...

Rule 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 m...

Rule 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, bo...

Rule 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 threat...

Rule 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 ...

Rule 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 sha...

Rule 1501:13-10-01 | Roads: performance standards.

...(A) Road classification system. (1) Each road shall be classified as either a primary road or a secondary road. (2) A "primary road" is any road which is: (a) Used for transporting coal or spoil; (b) Frequently used for access or other purposes for a period in excess of six months; or (c) To be retained for an approved postmining land use. (3) A "secondary road" is any road not classified as a primary road. (B...