Ohio Administrative Code
Title 1501:13 - Division of Mineral Resources Management - Coal
Chapter 1501:13-3 - Prohibited or Limited Areas for Mining
Section 1501:13-3-07 - Procedures for designating areas unsuitable for coal mining operations
Universal Citation: OH Admin Code 1501:13-3-07
Current through all regulations passed and filed through December 16, 2024
(A) Petitions.
(1) Right to petition. Any person having an
interest which is or may be adversely affected has the right to petition the
chief to have an area designated as unsuitable for coal mining operations, or
to have an existing designation terminated. A person having an interest which
is or may be adversely affected must demonstrate how he or she meets the
"injury in fact" test by describing the injury to the specific affected
interests and demonstrating how he or she is among the injured.
(2) Designation. Information that a
petitioner must provide is:
(a) The location
and approximate size of the area covered by the petition and a U.S. geological
survey topographical map outlining the perimeter of the petitioned areas;
(b) Allegations of fact and
supporting evidence, covering all lands in the petition area, which tend to
establish that the area is unsuitable for all or certain types of coal mining
operations, assuming that contemporary mining practices required by these rules
would be followed if the area were to be mined. Each allegation of fact shall
be specific as to the mining operation, if known, the portion(s) of the
petitioned area, and the petitioner's interests to which the allegation
applies, and shall be supported by evidence that tends to establish the
validity of each allegation for the mining operation or portion of the
petitioned areas;
(c) A
description of how mining of the area has affected or may adversely affect
people, land, air, water or other resources;
(d) The petitioner's name, address, telephone
number and notarized signature; and
(e) Identification of the petitioner's
interest which is or may be adversely affected, including a statement
demonstrating how the petitioner satisfies the requirements of paragraph (A)(1)
of this rule.
(3)
Termination. A petitioner must provide the following information to terminate a
designation:
(a) The location and approximate
size of the area covered by the petition and a U.S. geological survey
topographical map outlining the perimeter of the petitioned areas to which the
termination petition applies;
(b)
Allegations of fact and supporting evidence covering all lands for which
termination is proposed. Each allegation of fact shall be specific as to the
mining operation, if any, the portions of the petitioned area, and the
petitioner's interests to which each allegation applies. Each allegation shall
be supported by evidence, not contained in the record of the proceeding in
which the area was designated unsuitable, that tends to establish the validity
of each allegation for the mining operation or portion of the petitioned area,
assuming that contemporary mining practices required by these rules would be
followed were the area to be mined. Allegations and supporting evidence should
also be specific with regard to the basis for which the designation was made
and tend to establish that the designation should be terminated based on:
(i) The nature or abundance of the protected
resource or condition or other basis of the designation if the designation was
based on criteria found in paragraph (A)(2) of rule
1501:13-3-05
of the Administrative Code; or
(ii) Reclamation now being technologically
and economically feasible, if the designation was based on the criteria found
in paragraph (A)(1) of rule
1501:13-3-05
of the Administrative Code; or
(iii) The resources or condition not being
affected by coal mining operations, or in the case of land use plans, not being
incompatible with coal mining operations during and after mining, if the
designation was based on the criteria found in paragraph (A)(2) of rule
1501:13-3-05
of the Administrative Code;
(c) The petitioner's name, address, telephone
number and a notarized signature;
(d) Identification of the petitioner's
interest which is or may be adversely affected by the continuation of the
designation, including a statement demonstrating how the petitioner satisfies
the requirements of paragraph (A)(1) of this rule; and
(e) For areas previously and unsuccessfully
proposed for termination, significant new allegations of fact and supporting
evidence must be presented in the petition.
(B) Initial processing, recordkeeping, and notification requirements.
(1) Promptly after
a petition is received, the chief shall notify the general public of the
receipt of the petition by a newspaper advertisement placed in the locale of
the area covered by the petition, in the newspaper providing broadest
circulation in the region of the petitioned area.
(2) Within thirty days of receipt of a
petition, the chief shall notify the petitioner by certified mail whether or
not the petition is complete under paragraph (A)(2) or (A)(3) of this rule.
(3) The chief shall determine
whether any identified coal resources exist in the area covered by the petition
without requiring any showing from the petitioner. If the chief finds there are
not any identified coal resources in that area, he or she shall return the
petition to the petitioner with a statement of the findings.
(4) The chief may reject petitions for
designations and terminations of designations which are frivolous. A "frivolous
petition" is one in which the allegations of harm lack serious merit. Once the
requirements of paragraph (A) of this rule are met, no party shall bear any
burden of proof, but each accepted petition shall be considered and acted upon
by the chief pursuant to the procedures of this rule.
(5) When considering a petition for an area
which was previously and unsuccessfully proposed for designation, the chief
shall determine if the new petition presents new allegations of fact. If the
petition does not contain new allegations of fact, the chief shall not consider
the petition and shall return the petition to the petitioner, with a statement
of his or her findings and a reference to the record of the previous
designation proceedings where the facts were considered.
(6) If the chief determines that the petition
is incomplete or frivolous, he or she shall return the petition to the
petitioner, with a written statement of the reasons for the determination and
the categories of information needed to make the petition complete.
(7) The chief shall notify the person who
submits a complete petition of any application for a permit received which
proposes to include any area covered by the petition.
(8) The chief may determine not to process
any petition received insofar as it pertains to lands for which a complete
permit application has been filed and the first newspaper notice has been
published. Based on such a determination, the chief may issue a decision on a
complete and accurate permit application and shall inform the petitioner why
the chief cannot consider the part of the petition pertaining to the proposed
permit area.
(9) Within three
weeks after the determination that a petition is complete, the chief shall make
copies of the petition available to the public. He or she shall also circulate
copies of the petition to, and request submissions of relevant information
from, other interested governmental agencies, the petitioner, intervenors,
persons with an ownership interest of record in the property, and other persons
known to the chief to have an interest in the property.
(10) Within three weeks after the
determination that a petition is complete, the chief shall notify the general
public of the receipt of the petition and request submissions of relevant
information by a newspaper advertisement placed in the newspaper providing
broadest circulation in the region of the petitioned area once a week for two
consecutive weeks in the locale of the area covered by the petition.
(11) Beginning immediately after a complete
petition is filed, the chief shall compile and maintain a record consisting of
all documents relating to the petition filed with or prepared by the chief. The
chief shall make the record available for public inspection, free of charge,
and copying, at reasonable cost, during all normal business hours at the
division's district office for the multi-county area in which the land
petitioned is located, and at the main office of the chief.
(12) Until three days before the chief holds
a hearing under paragraph (C) of this rule, any person may intervene in the
proceeding by filing allegations of fact, with supporting evidence, describing
how the designation determination directly affects the intervenor, a short
statement identifying the petition to which the allegations pertain, and the
intervenor's name, address and telephone number.
(C) Hearing requirements.
(1)
(a)
Within ninety days after receipt of a complete petition, the chief shall hold a
public hearing in the locality of the area covered by the petition. If all
petitioners and intervenors agree, the hearing need not be held.
(b) The hearing may be conducted with
cross-examination of expert witnesses only.
(c) The chief may delay the hearing for up to
an additional two hundred ten days when necessary for adequate review.
(d) A record of the hearing shall
be made and preserved according to state law. No person shall bear the burden
of proof or persuasion. The record shall include all relevant parts of the data
base and inventory system and all public comments received during the public
comment period. The record shall be considered by the chief in his or her
decision on the petition.
(e) The
provisions of paragraph (B)(5) of this rule shall also apply to this hearing.
(2) The chief shall
give notice of the date, time, and location of the hearing to:
(a) Local, state, and federal agencies which
may have an interest in the decision on the petition;
(b) The petitioner and intervenors; and
(c) Any person with an ownership
or other interest known to the chief in the area covered by the petition.
(3) Notice of the
hearing shall be sent by certified mail and postmarked not less than thirty
days before the scheduled date of the hearing.
(4) The chief shall notify the general public
of the date, time, and location of the hearing by placing a newspaper
advertisement once a week for two consecutive weeks and once during the week
prior to the hearing in the locale of the area covered by the petition. The
advertisement shall begin between four to five weeks before the scheduled date
of the public hearing.
(5) The
chief may consolidate in a single hearing the hearings required for each of
several petitions which relate to areas in the same locale.
(6) Prior to designating any land areas as
unsuitable for coal mining operations, the chief shall prepare a detailed
statement, using existing and available information on the potential coal
resources of the area, the demand for coal resources, and the impact of such
designation on the environment, the economy, and the supply of coal.
(7) In the event that all petitioners and
intervenors stipulate agreement prior to the hearing, the petition may be
withdrawn from consideration.
(D) Decision.
(1) In reaching his or her decision, the
chief shall use:
(a) The information
contained in the data base and inventory system;
(b) Information provided by other
governmental agencies;
(c) The
detailed statement prepared under paragraph (C)(6) of this rule; and
(d) Any other relevant information submitted
during the comment period.
(2) A final written decision shall be issued
by the chief, including a statement of reasons, within sixty days of completion
of the public hearing, or if no public hearing is held, within twelve months
after receipt of the complete petition. The chief shall simultaneously send the
decision by certified mail to the petitioner, every other party of the
proceeding, and to the state office of the United States office of surface
mining.
(3) The decision of the
chief with respect to a petition, or the failure of the chief to act within the
time limits set forth in this rule, shall be subject to administrative and
judicial review as provided by sections
1513.13 and
1513.14 of the Revised Code. The
record made at the hearing pursuant to paragraph (C)(1) of this rule shall be
considered and included in the record of this review.
(E) Data base and inventory system requirements.
(1) The chief shall develop a
data base and inventory system which will permit proper evaluation of the
capacity of different land areas of the state to support and permit reclamation
of coal mining operations.
(2) The
chief shall add to the data base and inventory system information:
(a) On potential coal resources of Ohio,
demand for those resources, the environment, the economy and the supply of
coal, sufficient to enable the chief to prepare the statements required by
paragraph (C)(6) of this rule; and
(b) That becomes available from petitions,
publications, experiments, permit applications, mining and reclamation
operations, and other sources.
(3) The chief shall include in the system
information relevant to the criteria in paragraph (A) of rule
1501:13-3-05
of the Administrative Code, including, but not limited to, information from the
United States fish and wildlife service, the Ohio historical preservation
officer, and the agency administering section 127 of the Clean Air Act as
amended(42 U.S.C.
7470 et seq.).
(F) Public information. The chief shall:
(1) Make the information and data base system
developed under paragraph (E) of this rule available to the public for
inspection free of charge and for copying at reasonable cost. However, specific
information relating to location of properties proposed to be nominated to, or
listed in, the "National Register of Historic Places," administered by the
national parks service, U.S. department of the interior, need not be
disclosed if the chief determines that the disclosure of such information would
create a risk of destruction or harm to such properties. The website for the "National Register of Historic Places"
for Ohio sites is http://www.nationalregisterofhistoricplaces.com/oh/state.html;
and
(2) Provide information to the
public on the petition procedures necessary to have an area designated as
unsuitable for all or certain types of coal mining operations or to have
designations terminated and describe how the inventory and data base system can
be used.
(G) Implementation.
(1) The chief shall not issue
permits which are inconsistent with designations made pursuant to Chapter
1501:13-3 of the Administrative Code.
(2) The chief shall maintain a map of areas
designated as unsuitable for all or certain types of coal mining operations.
(3) The chief shall make available
to any person any information within his or her control regarding designations,
including mineral or elemental content that is potentially toxic in the
environment, but not including proprietary information that pertains only to
the analysis of the chemical and physical properties of the coal.
(H) 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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