Current through all regulations passed and filed through September 16, 2024
(A) General
requirements.
(1) The permittee shall restore
on the permit area streams and wetlands affected by mining operations unless
the chief approves restoration off the permit area by means of mitigation
pursuant to division (A)(25) of section
1513.16 of
the Revised Code and this rule.
(2)
An applicant's or permittee's request for restoration off the permit area
pursuant to division (A)(25) of section
1513.16 of
the Revised Code and this rule, submitted to the chief as part of an
application for a permit or a revision to a permit, shall be subject to the
requirements of these rules for applications for permits and revisions to
permits.
(3) Areas off the permit
area proposed for restoration shall be in compliance with paragraph (E) of rule
1501:13-9-04
of the Administrative Code.
(B) Hydrologic and engineering assessment. An
applicant or permittee seeking approval of restoration off the permit area
pursuant to division (A)(25) of section
1513.16 of
the Revised Code and this rule shall submit a hydrologic and engineering
assessment of the affected lands to the chief, on a form provided by the chief,
as part of an application for a permit or revision to a permit. The hydrologic
and engineering assessment of the affected lands shall include, as applicable,
the following information:
(1) Identification
of the stream (in linear feet) or the wetland (in acreage) that cannot be
restored on the permit area;
(2) A
detailed explanation of why restoration of the stream or wetland on the permit
area is not possible, including the following:
(a) A description of available water sources
and their potential for restoration;
(b) A description of methods such as
compaction or lining of the streambed that have been considered and an
assessment of why those methods are not viable options to reduce infiltration
and restore the stream;
(c) One or
more reclamation cross sections showing that each stream and wetland, or
portion thereof, cannot be restored on the permit area. The cross section shall
include the location of the final highwall and any aquifers;
(3) A discussion of how the
permanent loss of the quality and quantity of the stream or wetland on the
permit area will be addressed through the mitigation plan, including a
description of the pre-mining uses of the stream or wetland and how disturbance
to the hydrologic balance within the permit and adjacent areas will be
minimized and how material damage outside the permit area will be
prevented;
(4) A detailed
explanation of how the permit area will not contribute to sediment load
downstream without a defined stream; and
(5) Any other information needed for the
chief to make a determination pursuant to paragraph (E)(1) of this
rule.
(C) Proposed
mitigation plan. An applicant or permittee seeking approval of restoration off
the permit area pursuant to division (A)(25) of section
1513.16 of
the Revised Code and this rule shall submit to the chief the proposed
mitigation plan and proposed mitigation activities that the applicant or
permittee intends to perform pursuant to a permit issued under sections 401 and
404 of the "Federal Water Pollution Control Act" as defined in section
6111.01
of the Revised Code or an isolated wetland permit issued under Chapter 6111. of
the Revised Code or pursuant to a no-cost reclamation contract for the
restoration of water resources affected by past mining activities pursuant to
section
1513.37
of the Revised Code. The mitigation plan shall describe the mitigation
activities for the stream or wetland, or the portion of the stream or wetland,
for which restoration on the permit area is not possible and, as applicable,
identify the location where mitigation activities off the permit area are to be
constructed.
(D) Landowner
notification. The applicant or permittee shall notify the owner of record of
the surface of the permit area by certified mail or
other method able to track receipt of delivery, on a form provided by the
chief, that the applicant or permittee intends to request restoration off the
permit area by means of mitigation for a stream or wetland or a portion of a
stream or wetland that cannot be restored on the portion of the permit area
owned by the owner of record. The applicant or permittee shall submit a copy of
the landowner notification to the chief as part of the application for a permit
or revision to a permit.
(E) Review
by the chief.
(1) No request for restoration
off the permit area pursuant to division (A)(25) of section
1513.16 of
the Revised Code and this rule shall be approved unless the application
affirmatively demonstrates, and the chief makes written determinations, on the
basis of information set forth in the application or from information otherwise
available, that is documented in the approval and made available to the
applicant, that:
(a) The hydrologic and
engineering assessment submitted under paragraph (B) of this rule demonstrates
that restoration on the permit area is not possible;
(b) The proposed mitigation plan under which
mitigation activities described in paragraph (C) of this rule will be conducted
is limited to a stream or wetland, or a portion of a stream or wetland, for
which restoration on the permit area is not possible;
(c) The mitigation activities off the permit
area, including mitigation banking, payment of in-lieu mitigation fees or other
alternative approved mitigation activities, will be performed pursuant to a
permit issued under sections 401 and 404 of the "Federal Water Pollution
Control Act" as defined in section
6111.01
of the Revised Code or an isolated wetland permit issued under Chapter 6111. of
the Revised Code or pursuant to a no-cost reclamation contract for the
restoration of water resources affected by past mining activities pursuant to
section
1513.37
of the Revised Code; and
(d) The
proposed mitigation plan and mitigation activities comply with the standards
established in section
1513.16 of
the Revised Code and these rules.
(2) The chief shall review any comments and
any other relevant information received about the proposed restoration off the
permit area.
(3) Review and
approval or disapproval by the chief of a request for restoration off the
permit area pursuant to division (A)(25) of section
1513.16 of
the Revised Code and this rule is subject to the requirements of these rules
for applications for permits and revisions to permits.
(F) Restoration off the permit area.
(1) If the chief approves restoration off the
permit area by means of mitigation in accordance with division (A)(25) of
section
1513.16 of
the Revised Code and this rule, the permittee shall complete all mitigation
construction or other activities required by the mitigation plan in the
approved permit.
(2) Release of
performance bond.
(a) If the chief approves
restoration off the permit area by means of mitigation in accordance with
division (A)(25) of section
1513.16 of
the Revised Code and this rule, the chief shall release performance security
for reclamation activities on the permit area pursuant to division (F) of
section
1513.16 of
the Revised Code, except that the chief shall not release the remaining portion
of performance security under division (F) (3)(c) of section
1513.16 of
the Revised Code prior to completion of construction, to the satisfaction of
the chief, of the required mitigation activities off the permit area, as
specified in the approved mitigation plan.
(b) If the approved mitigation plan includes
only mitigation activities which require no construction, such as mitigation
banking or payment of inlieu mitigation fees or alternative mitigation approved
in a permit issued under section 401 and 404 of the "Federal Water Pollution
Control Act" as defined in section
6111.01
of the Revised Code or an isolated wetland permit issued under Chapter 6111. of
the Revised Code, the chief, upon his or her approval of restoration off the
permit area in accordance with division (A)(25) of section
1513.16 of
the Revised Code and this rule, shall release performance security pursuant to
division (F) of section
1513.16 of
the Revised Code.
