Ohio Administrative Code
Title 1501:13 - Division of Mineral Resources Management - Coal
Chapter 1501:13-1 - Administrative Procedures
Section 1501:13-1-04 - Exemption for coal extraction incidental to government financed highway or other construction
Universal Citation: OH Admin Code 1501:13-1-04
Current through all regulations passed and filed through September 16, 2024
(A) Definitions. As used in this rule:
(1) "Extraction of coal as an incidental
part" means the extraction of coal which is necessary to enable the
construction to be accomplished. For purposes of this rule, only that coal
extracted from within the right-of-way and borrow areas, in the case of a road,
railroad, utility line or other such construction, or within the boundaries of
the area directly affected by other types of government-financed construction,
may be considered incidental to that construction. Extraction of coal outside
the right-of-way or boundary of the area directly affected by the construction
shall be subject to the requirements of Chapter 1513. of the Revised
Code.
(2) "Government financing
agency" means a federal, state, county, municipal, or local unit of government,
or a department, bureau, agency or office of the unit which, directly or
through another unit of government, finances construction.
(3) "Government-financed construction" means
construction funded fifty per cent or more by funds appropriated from a
government financing agency's budget or obtained from general revenue bonds,
but shall not mean government financing agency guarantees, insurance, loans,
funds obtained through industrial revenue bonds or their equivalent or in-kind
payments. Funding at less than fifty per cent may qualify if the project is
eligible under section
1513.37 of the Revised Code and
the construction is undertaken as an approved reclamation project under section
1513.30 or
1513.37 of the Revised
Code.
(B) Any person conducting coal extraction as an incidental part of government-financed construction is responsible for possessing, on the site of the construction operation, the documentation required by paragraphs (E) to (E)(4) of this rule.
(C) Requirements for approved reclamation projects under sections 1513.30 and 1513.37 of the Revised Code with less than fifty per cent government financing.
(1) Determinations. The division of mineral
resources management shall determine:
(a) The
likelihood of the coal being mined under a permit issued under section
1513.07 of the Revised Code
considering the coal reserves from existing mine maps or other sources, the
existing environmental conditions, all prior mining activity on or adjacent to
the site, current and historic coal production in the area, and any known or
anticipated interest in mining the site;
(b) The likelihood that nearby or adjacent
mining activities might create new environmental problems or adversely affect
existing environmental problems at the site; and
(c) The likelihood that reclamation
activities at the site might adversely affect nearby or adjacent mining
activities.
(2)
Concurrence. The regulatory program coordinator and the abandoned mine lands
program coordinator must concur on determinations of the limits on any coal
refuse, coal waste, or other coal deposits which can be extracted under this
exemption and in the delineation of the boundaries of the AML
project.
(3) Documentation. The AML
case file must include the determinations made under paragraphs (C)(1) and
(C)(2) of this rule, the information taken into account in making these
determinations, and the names of the parties making the
determinations.
(4) Special
requirements. For each exempt project the division must:
(a) Characterize the site in terms of mine
drainage, active slides and slide-prone areas, erosion and sedimentation,
vegetation, toxic materials, and hydrologic balance;
(b) Ensure that the reclamation project is
conducted in accordance with the provisions of the AML program and procedures
as approved by the U.S. secretary of interior under 30 C.F.R. Chapter VII,
Subchapter R;
(c) Develop
site-specific reclamation requirements, including a contract performance bond,
when appropriate, in accordance with approved AML procedures; and
(d) Require the contractor conducting the
reclamation to provide, prior to the time reclamation begins, applicable
documents that clearly authorize the extraction of coal and payment of
royalties.
(5)
Limitations. If the reclamation contractor extracts coal beyond the limits of
the incidental coal specified in paragraph (C)(2) of this rule, the contractor
must obtain a permit under section
1513.07 of the Revised Code for
such coal.
(D) Applicability.
(1) Coal extraction which is
an incidental part of government-financed construction is exempt from Chapter
1513. of the Revised Code.
(2) Any
person who conducts or intends to conduct coal extraction which does not
satisfy paragraph (D)(1) of this rule shall not proceed until a permit
has been obtained from the chief of the division of mineral resources
management.
(E) Any person extracting coal incident to government-financed highway or other construction shall maintain, on the site of the extraction operation and available for inspection, documents which show:
(1) A description of the construction
project;
(2) The exact location of
the construction, right-of-way or the boundaries of the area which will be
directly affected by the construction;
(3) The government agency which is providing
the financing and the kind and amount of public financing, including the
percentage of the entire construction costs represented by the government
financing; and
(4) Acres from which
coal will be removed.
(F) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.
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