Ohio Administrative Code
Title 1501:13 - Division of Mineral Resources Management - Coal
Chapter 1501:13-4 - Permits
Section 1501:13-4-02 - Requirements of coal exploration
Universal Citation: OH Admin Code 1501:13-4-02
Current through all regulations passed and filed through September 16, 2024
(A) Any person who intends to conduct coal exploration operations outside a permit area shall, prior to conducting the exploration, file with the chief a written notice of intention to explore.
(1) Except for exploration of
lands designated in accordance with Chapter 1501:13-3 of the Administrative
Code as unsuitable for coal mining operations, if a person demonstrates and the
chief finds there will be no substantial disturbance of the natural land
surface as "substantially disturb" is defined in rule
1501:13-1-02 of the
Administrative Code, the person may conduct coal exploration operations under a
notice of intention to explore, provided that person complies with the
applicable requirements of this rule.
(2) A person intending to conduct coal
exploration operations that substantially disturb the natural land surface,
including all exploration of lands designated in accordance with Chapter
1501:13-3 of the Administrative Code as unsuitable for coal mining operations,
shall, in addition to filing a written notice of intention to explore, be
issued an exploration permit prior to conducting the exploration.
(B) Notice of intention to explore. The written notice required for coal exploration operations under paragraph (A) of this rule shall include:
(1) The name, address, and telephone number
of the person seeking to explore;
(2) The name, address, and telephone number
of the representative who will be present at and responsible for conducting the
exploration activities;
(3) A
description to reasonably identify the exploration area, including a map of a
scale of no greater than one inch equals one thousand feet, which shall be
attached to the notice of intention showing the location of the exploration
area as well as access to the proposed area;
(4) A statement of the period of intended
exploration;
(5) A description of
the methods and equipment to be used to conduct the exploration
operation;
(6) If the surface is
owned by a person other than the person seeking to explore, a description of
the basis upon which the person seeking to explore claims the right to enter
that land for the purpose of conducting exploration and reclamation;
(7) A description of the practices that will
be followed to reclaim the area and to protect the environment from the adverse
impacts of the exploration operations; and
(8) A statement that the person seeking to
explore believes that the exploration operations will not substantially disturb
the natural land surface.
(C) The chief, or an authorized representative of the chief, shall promptly review notices of intention to explore.
For exploration operations which the person seeking to explore believes will not substantially disturb the natural land surface, the person shall give reasonable notice to the division of mineral resources management district office having jurisdiction over the exploration area of the approximate date that the exploration will begin and shall give telephone notice on the date of commencement of any exploration activities.
(1) If the chief or
an
authorized representative of the chief finds the exploration operations will not
substantially disturb the natural land surface, he or she shall
provide
written notice to the person seeking to explore that the notice of
intention has been reviewed and the person may begin exploration. Based on
determination by the chief, exploration operations that involve only drilling
activities may not be considered substantial disturbance of the natural land
surface. Drilling activities that will affect lands designated in accordance
with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining
operations will be considered substantial disturbance.
(2) If the chief or a representative of the
chief finds that the exploration operations will substantially disturb the
natural land surface, he or she shall notify the person seeking to explore that
the notice of intention has been reviewed and the person must submit an
application for and be issued an exploration permit before beginning
exploration. The chief shall, by order, issue or deny the exploration permit
within a reasonable period of time.
(D) Coal exploration under an exploration permit. Any person who intends to conduct coal exploration operations outside a permit area during which more than two hundred fifty tons of coal will be removed or which will substantially disturb the natural land surface, including exploration on lands designated as unsuitable for coal mining operations, shall, prior to conducting the exploration, submit an application and obtain written approval from the chief for an exploration permit. Such exploration shall be subject to the requirements of paragraphs (E) to (L) of this rule. Each application for an exploration permit shall contain, at a minimum, the following information:
(1) The name, address,
and telephone number of the applicant;
(2) The name, address and telephone number of
the applicant's representative who will be present at and responsible for
conducting the exploration activities;
(3) A narrative describing the proposed
exploration area;
(4) A narrative
description of the methods and equipment to be used to conduct the exploration
and reclamation;
(5) An estimated
timetable for conducting and completing each phase of the exploration and
reclamation;
(6) The estimated
amount of coal to be removed and a description of the methods to be used to
determine the amount;
(7) If
applicable, a statement of why extraction of more than two hundred fifty tons
of coal is necessary for exploration;
(8) A description of:
(a) Cultural or historical resources listed
on the "National Register of Historic Places," administered by the national
parks service, U.S. department of the interior. The website for the "National
Register of Historic Places" for Ohio sites is
www.nationalregisterofhistoricplaces.com/oh/state.html;
(b) Cultural or historical
resources known to be eligible for listing on the "National Register of
Historic Places," as referenced in paragraph (D)(8) (a) of this rule;
(c) Known archeological resources
located within the proposed exploration area; and
(d) Any other information which the chief may
require regarding known or unknown historic or archeological
resources;
(9) A
description of any endangered or threatened species listed pursuant to the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) identified within the
proposed exploration area;
(10) A
description of the measures to be used to comply with rule
1501:13-8-01
of the Administrative Code;
(11)
The name and address of the owner of record of the surface land and of the
subsurface mineral estate of the area to be explored;
(12) A map or maps at a scale of 1:24,000, or
larger, showing the areas of land to be disturbed by the proposed exploration
and reclamation. The map shall specifically show existing roads, occupied
dwellings, topographic and drainage features, bodies of surface water, and
pipelines; proposed locations of trenches, roads, and other access routes and
structures to be constructed; the location of proposed land excavations; the
location of exploration holes or other drill holes or underground openings; the
location of excavated earth or waste-material disposal areas; and the location
of critical habitats of any endangered or threatened species listed pursuant to
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(13) If the surface is owned by a person
other than the applicant, a description of the basis upon which the applicant
claims the right to enter that land for the purpose of conducting exploration
and reclamation; and
(14) For any
lands listed in rule
1501:13-3-03
of the Administrative Code, a demonstration that, to the extent technologically
and economically feasible, the proposed exploration activities have been
designed to minimize interference with the values for which those lands were
designated as unsuitable for coal mining operations. The application must
include documentation of consultation with the owner of the feature causing the
land to come under the protection of section
1513.073 of the Revised Code and
rules adopted thereunder, and, when applicable, with the agency with primary
jurisdiction over the feature with respect to the values that caused the land
to come under the protection of section
1513.073 of the Revised Code and
rules adopted thereunder.
(E) Public notice and opportunity to comment. Upon submittal to the chief of an administratively complete application for an exploration permit, the applicant shall place an advertisement providing public notice of the filing of the application in a newspaper of general circulation in the county of the proposed exploration area.
(1) The public notice shall state the name
and address of the person seeking approval, the filing date of the application,
the address of the "Division of Mineral Resources Management, 2045 Morse Road,
Building H, Columbus, Ohio 43229" where
written comments on the application may be submitted, the closing date of the
comment period, and a description of the area of exploration.
(2) Any person having an interest which is or
may be adversely affected shall have the right to file written comments on the
application within ten days after the date the notice was published.
(3) A copy of the newspaper advertisement of
the application shall be filed with the chief and made part of the complete
application. A proof of publication shall be filed with the chief prior to
approval of the application.
(F) Decisions on applications for exploration.
(1) The chief, or a
representative of the chief, shall promptly review and within a reasonable
period of time act upon an administratively complete application for a coal
exploration permit and any written comments.
(2) The chief shall approve an application
for a coal exploration permit filed in accordance with this rule provided that
the application is complete and accurate and the chief finds in writing that
the applicant has demonstrated that the exploration and reclamation described
in the application will:
(a) Be conducted in
accordance with this rule, rule
1501:13-8-01
of the Administrative Code, and the applicable provisions of Chapter 1513. of
the Revised Code and these rules;
(b) Not jeopardize the continued existence of
an endangered or threatened species listed pursuant to section 4 of the
Endangered Species Act of 1973 (16
U.S.C. 1533) or result in the destruction or
adverse modification of critical habitat of those species;
(c) Not adversely affect any cultural or
historical resources listed on the "National Register of Historic Places" as
referenced in paragraph (D)(8) (a) of this rule, pursuant to the National
Historic Preservation Act, as amended (16 U.S.C.
470 et seq.), unless the proposed exploration
has been approved by both the chief and the agency with jurisdiction over such
matters; and
(d) With respect to
exploration activities on any lands protected under section
1513.073 of the Revised Code and
rules adopted thereunder, minimize interference, to the extent technologically
and economically feasible, with the values for which those lands were
designated as unsuitable for coal mining operations. Before making this
finding, the chief shall provide reasonable opportunity to the owner of the
feature causing the land to come under the protection of section
1513.073 of the Revised Code and
rules adopted thereunder, and, when applicable, to the agency with primary
jurisdiction over the feature with respect to the values that caused the land
to come under the protection of section
1513.073 of the Revised Code and
rules adopted thereunder, to comment on whether the finding is
appropriate.
(3) Terms
of approval issued by the chief shall contain conditions necessary to ensure
that the exploration and reclamation will be conducted in compliance with this
rule, rule
1501:13-8-01
of the Administrative Code, Chapter 1513. of the Revised Code, and these
rules.
(G) Notice of chief's decision. The chief shall notify the applicant, the appropriate local government officials, and other commenters on the application, in writing, of his or her decision on the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval. Public notice of the decision on each application shall be posted by the chief at the division of mineral resources management district office responsible for inspection of the proposed exploration operations.
(H) Coal exploration compliance duties.
(1) Any person who conducts coal exploration
operations pursuant to this rule that substantially disturb the natural land
surface shall comply with this rule, rule
1501:13-8-01
of the Administrative Code, Chapter 1513. of the Revised Code and these rules,
and any exploration permit term or condition imposed by the chief.
(2) Any person who conducts coal exploration
operations pursuant to this rule that do not substantially disturb the natural
land surface shall comply with the methods and practices described in the
notice of intention filed pursuant to paragraph (B) of this rule and the
requirements of rule
1501:13-9-02
of the Administrative Code. In addition, this person shall notify the division
of mineral resources management district office having jurisdiction over the
exploration area of the date of completion of the exploration and reclamation.
The notice of intent shall expire on the first anniversary of the date of its
issuance, unless a request for renewal is filed with the chief at least sixty
days before the expiration date.
(3) Any person who conducts any coal
exploration in violation of this rule, rule
1501:13-8-01
of the Administrative Code, Chapter 1513. of the Revised Code and these rules,
or any exploration permit term or condition imposed by the chief shall be
subject to the provisions of section
1513.99 of the Revised Code, and
rules
1501:13-14-01 to
1501:13-14-06
of the Administrative Code.
(I) Public availability of information.
(1) Except as provided in paragraph (I)(2) of
this rule, all information submitted to the chief under this rule shall be made
available for public inspection and copying at the local offices of the chief
closest to the exploration area.
(2) Information not to be available to the
public.
(a) The chief shall not make
information available for public inspection if the person submitting it
requests in writing, at the time of submission, that it not be disclosed and
the chief determines that the information is confidential.
(b) The chief shall determine that
information is confidential only if it concerns trade secrets or is privileged
commercial or financial information that relates to the competitive rights of
the person intending to conduct coal exploration.
(c) Information requested to be held as
confidential shall not be made publicly available until after notice and
opportunity to be heard is afforded persons both seeking and opposing
disclosure of the information.
(J) Availability of exploration permit. Each person conducting a coal exploration operation for which the required exploration permit has been issued shall, while in the exploration area, make the exploration permit available for on-site review by the authorized representative of the chief.
(K) Commercial use or sale.
(1) Except as provided
under paragraph (K)(2) of this rule or parts 3480 to 3487 of Title 43 of the
Code of Federal Regulations, any person who intends to commercially use or sell
coal extracted during coal exploration operations under an exploration permit
shall first obtain a permit to conduct surface coal mining operations for those
operations from the chief under Chapter 1501:13-4 of the Administrative
Code.
(2) With the prior written
approval of the chief, no permit to conduct coal mining operations is required
for the sale or commercial use of coal extracted during exploration operations
if such sale or commercial use is for coal testing purposes only. The person
conducting the exploration shall file an application for such approval with the
chief. The application shall demonstrate that the coal testing is necessary for
the development of a coal mining and reclamation operation for which a coal
mining operations permit application is to be submitted in the near future, and
that the proposed commercial use or sale of coal extracted during exploration
operations is solely for the purpose of testing the coal. The application shall
contain the following:
(a) The name of the
testing firm and the locations at which the coal will be tested;
(b) If the coal will be sold directly to, or
commercially used directly by, the intended end user, a statement from the
intended end user, or if the coal is sold indirectly to the intended end user
through an agent or broker, a statement from the agent or broker. The statement
shall include:
(i) The specific reason for the
test, including why the coal may be so different from the intended user's other
coal supplies as to require testing;
(ii) The amount of coal necessary for the
test and why a lesser amount is not sufficient; and
(iii) A description of the specific tests
that will be conducted;
(c) Evidence that sufficient reserves of coal
are available to the person conducting exploration or its principals for future
commercial use or sale to the intended end user, or agent or broker of such
user identified above, to demonstrate that the amount of coal to be removed is
not the total reserve, but is a sampling of a larger reserve; and
(d) An explanation as to why other means of
exploration, such as core drilling, are not adequate to determine the quality
of the coal and/or the feasibility of developing a surface coal mining
operation.
(L) A person adversely affected by a decision of the chief to approve or deny an exploration permit may file an appeal pursuant to section 1513.13 of the Revised Code.
(M) 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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