Ohio Administrative Code
Title 1501:13 - Division of Mineral Resources Management - Coal
Chapter 1501:13-4 - Permits
Section 1501:13-4-05 - Permit application requirements for reclamation and operations plans
Universal Citation: OH Admin Code 1501:13-4-05
Current through all regulations passed and filed through September 16, 2024
(A) Operation plan: general requirements.
(1) This rule shall
apply only to coal mining operations other than underground mining
operations.
(2) Each application
shall contain a description of the mining operations proposed to be conducted
during the life of the mine within the proposed permit area, including:
(a) A narrative description of the type and
method of coal mining procedures and proposed engineering techniques,
anticipated annual and total production of coal, by tonnage, and the major
equipment to be used for all aspects of those operations;
(i) The description shall identify the mining
method as area mining, contour mining, another named mining method, or
combination of methods to be identified by name;
(ii) For contour mining or area mining, the
description shall include, at a minimum, the maximum extent of cover to be
mined, the location where the mining will begin, the direction the mining will
proceed, and the ending point of the operation. If the mining operation will
utilize multiple pits, the description shall be included for each mining
pit;
(iii) For mining methods other
than area mining or contour mining, or for combinations of methods, the
description shall include each of the items required under paragraph
(A)(2)(a)(ii) of this rule and in addition shall include other information that
demonstrates the orderly and reasonable progression of mining, including, but
not limited to, spoil placement plans, proposed locations of haul roads that
will be used or retained for an extended period of time, and the intended
timing of mining operations;
(iv)
The description shall specify for the mining method(s) proposed how the time
and distance requirements of rule
1501:13-9-13
of the Administrative Code will be met; and
(b) A narrative explaining the construction,
modification, use, maintenance, and removal of the following facilities (unless
retention of such facilities is necessary for postmining land use as specified
in rule
1501:13-9-17
of the Administrative Code and is approved by the chief):
(i) Dams, embankments, and other
impoundments;
(ii) Overburden and
topsoil handling and storage areas and structures;
(iii) Coal removal, handling, storage,
cleaning, and transportation areas and structures;
(iv) Spoil, coal processing waste, and
noncoal waste removal, handling, storage, transportation, and disposal areas
and structures;
(v) Mine
facilities; and
(vi) Water and air
pollution control facilities.
(3) Each application shall contain the
information required under Chapter 1501:13-4 of the Administrative Code for the
proposed permit area in the detail necessary for the chief to determine the
estimated cost of reclamation, pursuant to paragraph (B) of rule
1501:13-7-01
of the Administrative Code, if the reclamation has to be performed by the
division of mineral resources management in the event of forfeiture of the
performance security by the permittee. This estimate shall include:
(a) Operational detail sufficient to
determine the greatest potential reclamation cost liability to the state;
and
(b) Any other operational
detail required by the chief that may affect the cost of reclamation by the
division of mineral resources management in the event of forfeiture of the
performance security by the permittee.
(B) Operation plan: existing structures.
(1) Each application shall contain a
description of each existing structure proposed to be used in connection with
or to facilitate the coal mining and reclamation operation. The description
shall include:
(a) Location;
(b) Plans of the structure which describe its
current condition;
(c) Approximate
dates on which construction of the existing structure was begun and completed;
and
(d) A showing, including
relevant monitoring data or other evidence, whether the structure meets the
performance standards of rules
1501:13-8-01
to
1501:13-13-07
of the Administrative Code.
(2) Each application shall contain a
compliance plan for each existing structure proposed to be modified or
reconstructed for use in connection with or to facilitate the coal mining and
reclamation operation. The compliance plan shall include:
(a) Design specifications for the
modification or reconstruction of the structure to meet the design and
performance standards of rules
1501:13-8-01
to
1501:13-13-07
of the Administrative Code;
(b) A
construction schedule which shows dates for beginning and completing interim
steps and final reconstruction;
(c)
Provisions for monitoring the structure during and after modification or
reconstruction to ensure that the performance standards of rules
1501:13-8-01
to
1501:13-13-07
of the Administrative Code are met; and
(d) A showing that the risk of harm to the
environment or to public health or safety is not significant during the period
of modification or reconstruction.
(C) Operation plan: blasting. Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the blasting requirements of rule 1501:13-9-06 of the Administrative Code and including the following:
(1) Information setting forth the limitations
the operator will meet with regard to ground vibration and airblast, the bases
for those limitations, and the methods to be applied in controlling the adverse
effects of blasting operations;
(2)
A description of any system to be used to monitor compliance with the airblast
and ground vibration limits established under paragraph (C)(1) of this rule,
including the type, capability, and sensitivity of any blast-monitoring
equipment and proposed procedures and locations of monitoring; and
(3) For blasting operations within five
hundred feet of active underground mines, copies of the approvals given by the
state and federal regulatory authorities concerned with the health and safety
of underground miners.
(D) Reclamation plan: general requirements.
(1) Each application shall contain a plan for
describing reclamation of the lands within the proposed permit area, showing
how the applicant will comply with the requirements of Chapter 1513. of the
Revised Code and rules adopted thereunder. The plan shall include, at a
minimum, all information required under paragraphs (D) to (P) of this
rule.
(2) Each plan shall contain,
where appropriate, the following information for the proposed permit area:
(a) A detailed timetable for the completion
of each major step in the reclamation plan which, at a minimum, addresses the
reclamation timing requirements of paragraph (A) of rule
1501:13-9-13
of the Administrative Code, and is specific to the mining method described in
accordance with paragraph (A)(2)(a) of this rule;
(b) A description of the backfilling, soil
stabilization and grading;
(c) A
description of the removal, storage, and redistribution of topsoil, subsoil,
and other material to meet the requirements of rule
1501:13-9-03 of
the Administrative Code. A demonstration of the suitability of topsoil
substitutes or supplements under rule
1501:13-9-03 of
the Administrative Code shall be based upon analysis of the thickness of soil
horizons, total depth, texture, per cent coarse fragments, pH, and areal extent
of the different kinds of soils. The chief may require other chemical and
physical analyses, field-site trials, or greenhouse tests if determined to be
necessary or desirable to demonstrate the suitability of the topsoil
substitutes or supplements;
(d) A
description of the revegetation as required in rule
1501:13-9-15 of the
Administrative Code, including, but not limited to, descriptions of the:
(i) Schedule of revegetation;
(ii) Species and amounts per acre of seeds
and seedlings to be used;
(iii)
Methods to be used in planting and seeding;
(iv) Mulching techniques;
(v) A soil testing plan for evaluation of the
results of topsoil handling and reclamation procedures related to
revegetation;
(vi) Irrigation, if
appropriate, and disease, pest and vermin control, if any; and
(vii) The measures proposed to be used to
determine the success of revegetation as required under rule
1501:13-9-15 of the
Administrative Code;
(e)
A description of the measures to be used to maximize the use and conservation
of the coal resources as required by rule
1501:13-9-05 of the
Administrative Code;
(f) A
description of measures to be employed to ensure that all debris, acid-forming
and toxic-forming materials, and materials constituting a fire hazard are
disposed of in accordance with paragraph (E) of rule
1501:13-9-09
of the Administrative Code and paragraph (J) of rule
1501:13-9-14
of the Administrative Code and a description of the contingency plans which
have been developed to preclude sustained combustion of such
materials;
(g) A description,
including appropriate cross sections and maps, of the measures to be used to
seal or manage mine openings, and to plug, case or manage exploration holes,
other bore holes, wells, and other openings within the proposed permit area, in
accordance with rule
1501:13-9-02
of the Administrative Code; and
(h)
A description of steps to be taken to comply with the requirements of the Clean
Air Act (42 U.S.C.
7401 et seq.), the Clean Water Act
(33 U.S.C.
1251 et seq.) and other applicable air and
water quality laws and regulations and health and safety standards.
(E) Reclamation plan: protection of the hydrologic balance.
(1) Each
application shall contain a plan for the protection of the hydrologic balance.
The plan shall be specific to the local hydrologic conditions and shall
describe the measures to be taken during and after the proposed coal mining
operations in accordance with rule
1501:13-9-04
of the Administrative Code to:
(a) Minimize
disturbance to the hydrologic balance within the permit and adjacent areas and
to prevent material damage outside the permit area;
(b) Protect the rights of present users of
surface and ground water;
(c) Avoid
acid or toxic drainage;
(d) Control
surface water drainage into, through, and out of the proposed permit area,
pursuant to rule
1501:13-9-04
of the Administrative Code;
(e)
Treat, when required under these rules, surface and ground water drainage from
the area to be disturbed by the proposed activities, so as not to exceed
quantitative limits on pollutants in discharges under paragraph (B) of rule
1501:13-9-04
of the Administrative Code;
(f)
Restore the approximate recharge capacity of the proposed permit area in
accordance with paragraph (L) of rule
1501:13-9-04
of the Administrative Code and protect or replace rights of present water
users;
(g) Prevent, to the extent
possible using the best technology currently available, additional
contributions of suspended solids to streamflow, or runoff outside the permit
area. Vegetation may be determined by the chief to be the best technology
currently available upon a demonstration by the permittee that the requirements
of paragraphs (B)(1) to (B)(1)(b) of rule
1501:13-9-04
of the Administrative Code have been met. If the applicant proposes to make
such a demonstration after vegetation is established and remove siltation
structures sooner than two years after the last augmented seeding of a drainage
area, the applicant shall state such intentions in the timetable and plans for
removal of sediment control structures required by paragraph (H)(1)(b)(iv) or
(H)(1)(c)(iv) of this rule;
(h)
Address any potential adverse hydrologic consequences identified in the
determination of probable hydrologic consequences under paragraph (E) (2) of
this rule and include preventative and remedial measures; and
(i) Meet applicable state and federal water
quality laws and regulations.
(2) Determination of probable hydrologic
consequences (PHC).
(a) The plan shall include
a determination of the probable hydrologic consequences of the proposed coal
mining operations on the proposed permit area and adjacent areas. This
determination shall be based on baseline hydrologic, geologic and other
information collected for the permit application with respect to the hydrologic
regime, providing information on the quantity and quality of water in surface
and groundwater systems under seasonal conditions, including the contents of
dissolved and total suspended solids, total iron, pH, and total
manganese.
(b) The PHC
determination shall include findings on:
(i)
Whether adverse impacts may occur to the hydrologic balance;
(ii) Whether acid-forming or toxic-forming
materials are present that could result in the contamination of surface- or
ground-water supplies;
(iii)
Whether the proposed operation may proximately result in contamination,
diminution or interruption of an underground or surface source of water within
the proposed permit or adjacent areas which is used for domestic, agricultural,
industrial, or other legitimate purpose; and
(iv) What impact the proposed operation will
have on:
(a) Sediment yield from the disturbed
area;
(b) Acidity, total suspended
and dissolved solids, and other important water quality parameters of local
impact;
(c) Flooding or streamflow
alteration;
(d) Ground-water and
surface-water availability; and
(e)
Other characteristics as required by the chief.
(c) An application for a permit revision
shall be reviewed by the chief to determine whether a new or updated PHC
determination shall be required.
(F) Ground-water and surface-water monitoring plans.
(1) Ground-water monitoring plan.
(a) The application shall include a
ground-water monitoring plan based upon the PHC determination required under
paragraph (E)(2) of this rule and the analysis of all baseline hydrologic,
geologic and other information in the permit application. The plan shall
provide for the monitoring of parameters that relate to the suitability of the
ground water for current and approved postmining land uses and to the
objectives for protection of the hydrologic balance set forth in paragraph
(E)(1) of this rule. It shall identify the quantity and quality parameters to
be monitored, sampling frequency, and site locations. It shall describe how the
data may be used to determine the impacts of the operation upon the hydrologic
balance. At a minimum, specific conductance corrected to twenty-five degrees
centigrade, pH, total iron, total manganese, and water levels shall be
monitored. The data resulting from this monitoring shall be submitted to the
chief pursuant to paragraph (N) of rule
1501:13-9-04
of the Administrative Code.
(b) If
an applicant can demonstrate by the use of the PHC determination and other
available information that a particular water-bearing stratum in the proposed
permit and adjacent areas is not one which serves as an aquifer which
significantly ensures the hydrologic balance within the general area, then
monitoring of that stratum may be waived by the chief.
(2) Surface-water monitoring plan.
(a) The application shall include a
surface-water monitoring plan based upon the PHC determination required under
paragraph (E)(2) of this rule and the analysis of all baseline hydrologic,
geologic, and other information in the permit application. The plan shall
provide for the monitoring of parameters that relate to the suitability of the
surface water for current and approved postmining land uses and to the
objectives for protection of the hydrologic balance as set forth in paragraph
(E)(1) of this rule as well as the effluent limitations set forth in 40 C.F.R.
part 434.
(b) The plan shall
identify the surface-water quantity and the quality parameters to be monitored,
sampling frequency and site locations. It shall describe how the data may be
used to determine the impacts of the operation upon the hydrologic balance.
(i) At all monitoring locations in the permit
and adjacent areas, surface-water bodies such as streams, lakes and
impoundments, that are potentially affected or into which water will be
discharged, and at upstream monitoring locations, the specific conductance
corrected to twenty-five degrees centigrade, total suspended solids, pH, total
iron, total manganese, and flow shall be monitored.
(ii) For point-source discharges, monitoring
shall be conducted in accordance with 40 C.F.R. parts 122, 123 and 434 and as
required by the national pollutant discharge elimination system permitting
authority.
(iii) The data resulting
from this monitoring shall be submitted to the chief pursuant to paragraph (N)
of rule
1501:13-9-04
of the Administrative Code.
(G) Reclamation plan: postmining land uses.
(1) Each application shall contain a plan for
the postmining land use. The plan shall describe the proposed use following
reclamation of the land within the proposed permit area including a discussion
of the utility and capacity of the reclaimed land to support a variety of
alternative uses, and the relationship of the proposed use to existing land use
policies and plans. This description shall explain:
(a) How the proposed postmining land use is
to be achieved and the necessary support activities which may be needed to
achieve the proposed land use; and
(b) When a land use different from the
premining land use is proposed, all materials needed for approval of the
alternative use under these rules.
(2) The plan shall be accompanied by a copy
of the comments concerning the proposed use by the legal or equitable owner of
record of the surface of the proposed permit area and the state and local
government agencies which would have to initiate, implement, approve, or
authorize the proposed use of the land following reclamation. In cases where no
surface disturbance will result from the applicant's proposed use of
auger/highwall mining, this paragraph shall not apply.
(3) The plan shall describe the consideration
which has been given to making all of the proposed coal mining operations
consistent with surface owner plans and applicable state and local land use
plans and programs.
(H) Reclamation plan: ponds, impoundments, banks, dams, and embankments.
(1) General requirements.
(a) Each application shall include a detailed
design plan for each proposed siltation structure, water impoundment, and coal
mine waste bank, dam, or embankment within the proposed permit area. Each plan
shall:
(i) Be prepared by, or under the
direction of, and certified by an engineer;
(ii) Contain a description, map, and cross
section of the structure and its location;
(iii) Contain preliminary hydrologic and
geologic information required to assess the hydrologic impact of the structure;
and
(iv) Contain a survey
describing the potential effect on the structure from subsidence of the
subsurface strata resulting from past underground mining operations if
underground mining has occurred.
(b) Each detailed design plan for a structure
that meets or exceeds the size or other criteria of MSHA,
30
C.F.R. 77.216(a), or meets
the significant hazard potential or high hazard
potential classification (formerly called class B or C) criteria for dams in the U.S department of
agriculture, natural resources conservation service technical
release TR-210-60, "Earth Dams and Reservoirs,"
March
2019, shall:
(i) Be prepared by, or
under the direction of, and certified by an engineer;
(ii) Include any geotechnical investigation,
design, and construction requirements for the structure;
(iii) Describe the operation and maintenance
requirements for each structure; and
(iv) Describe the timetable and plans to
remove each structure, if appropriate. If the applicant proposes to demonstrate
that vegetation is the best technology currently available and remove siltation
structures sooner than two years after the last augmented seeding of the
drainage area, include a statement of such intentions.
(c) Each detailed design plan for a structure
that does not meet the size or other criteria of paragraph (H)(1)(b) of this
rule, shall:
(i) Be prepared by, or under the
direction of, and certified by an engineer;
(ii) Include any design and construction
requirements for the structure, including any required geotechnical
information;
(iii) Describe the
operation and maintenance requirements for each structure; and
(iv) Describe the timetable and plans to
remove each structure, if appropriate. If the applicant proposes to demonstrate
that vegetation is the best technology currently available and remove siltation
structures sooner than two years after the last augmented seeding of the
drainage area, include a statement of such intentions.
(2) Impoundments.
(a) Permanent and temporary impoundments
shall be designed in compliance with the requirements of paragraph (H) of rule
1501:13-9-04
of the Administrative Code. The design of any impoundment shall be certified by
an engineer experienced in impoundment design and construction. The
certification statement shall state that the structure is designed to meet the
requirements of paragraph (H) of rule
1501:13-9-04
of the Administrative Code.
(b)
Each design plan for an impoundment that meets or exceeds the size or other
criteria of MSHA,
30
C.F.R. 77.216(a), shall
contain the information required under
30
C.F.R. 77.216-2(a). The plan
required to be submitted to the district manager of MSHA under
30
C.F.R. 77.216 shall also be submitted to the
chief as part of the permit application.
(c) Impoundments not meeting the size or
other criteria of paragraph (H)(1) (b) of this rule may be designed in
compliance with the following design standards, in lieu of performance of
engineering tests to demonstrate compliance with the 1.3 minimum static safety
factor required in paragraph (H)(1)(c)(ii) of rule
1501:13-9-04
of the Administrative Code:
(i) The embankment
foundation area shall be cleared of all organic matter and the entire
foundation surface shall be scarified;
(ii) If the natural slope of the foundation
as measured at right angles to the embankment center line is steeper than 10:1V
(ten per
cent), the embankment shall be benched into the existing slope beginning
at the embankment toe and then filled with compacted level lifts;
(iii) The embankment fill material shall be
free of sod, large roots, other large vegetative matter, and coal processing
waste;
(iv) The fill shall be
brought up in horizontal layers of such thickness as required to facilitate
compaction in accordance with prudent construction standards;
(v) The moisture content of the fill material
shall be sufficient to secure proper compaction. (An indication of sufficient
moisture content is that when kneaded by hand the soil should just form a ball
which does not readily separate. The engineer may specify other methods of
testing moisture content, if appropriate.) When it is necessary to use
materials of varying texture and gradation, the more impervious material shall
be placed in the upstream and center portions of the embankment and the more
pervious material shall be placed in the downstream portion of the
fill;
(vi) The embankment's
combined upstream and downstream side slopes shall be no steeper than the sum
of 5h:1v, with neither slope steeper than 2h:1v. (Example: if downstream slope
is 3h:1v, then upstream slope can be no steeper than 2h:1v. The minimum
combined slope requirement of 5h:1v refers to the 3h and 2h added together.);
and
(vii) The minimum top width of
the embankment shall be (h + 35)/5, where "h" is the embankment height as
measured from natural ground at the upstream toe to the top of the
embankment.
(3)
Siltation structures.
(a) Permanent and
temporary siltation structures shall be designed in compliance with the
requirements of paragraphs (G) and (H) of rule
1501:13-9-04
of the Administrative Code. The design of any siltation structure shall be
certified by an engineer experienced in impoundment design and construction.
The certification shall state that the structure is designed to meet the
requirements of paragraphs (G) and (H) of rule
1501:13-9-04
of the Administrative Code.
(b) In
addition to the requirements of paragraph (H)(1) of this rule, the plan shall
include a determination of:
(i) The required
sediment storage volume; and
(ii)
The detention time provided by the pond.
(c) Each design plan for a siltation
structure that meets or exceeds the size or other criteria of MSHA,
30
C.F.R. 77.216(a), shall
contain the information required under
30
C.F.R.
77.216-2(a).
(4) Coal mine waste dams and embankments.
(a) Coal mine waste dams and embankments
shall be designed to comply with the requirements of paragraphs (A) to (C) of
rule 1501:13-9-09 and paragraph (H) of rule
1501:13-9-04
of the Administrative Code. The design of any coal mine waste dam or embankment
shall be certified by an engineer experienced in design of similar earth and
waste structures. The certification statement shall state that the structure is
designed to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09
and paragraph (H) of rule
1501:13-9-04
of the Administrative Code.
(b)
Each plan shall contain the results of a geotechnical investigation of the
proposed dam or embankment foundation area, to determine the structural
competence of the foundation which will support the proposed dam or embankment
structure and the impounded material. The geotechnical investigation shall be
planned and supervised by an engineer, according to the following:
(i) The number, location, and depth of
borings and test pits shall be determined using current, prudent engineering
practice for the size of the dam or embankment, quantity of material to be
impounded, and subsurface conditions;
(ii) The character of the overburden and
bedrock, the proposed abutment sites, and any adverse geotechnical conditions
which may affect the particular dam, embankment, or reservoir site shall be
considered;
(iii) All springs,
seepage, and ground-water flow observed or anticipated during wet periods in
the area of the proposed dam or embankment shall be identified on each plan;
and
(iv) Consideration shall be
given to the possibility of mudflows, rock-debris falls, or other landslides
into the dam, embankment, or impounded material.
(c) Each design plan for a coal mine waste
dam or embankment that meets or exceeds the size or other criteria of MSHA,
30
C.F.R. 77.216(a), shall
contain the information required under
30
C.F.R.
77.216-2(a).
(5) Coal mine waste banks. Coal mine waste
banks shall be designed to comply with the requirements of paragraphs (A) to
(C) of rule 1501:13-9-09 of the Administrative Code, and with the provisions
regarding impoundments under paragraph (H) of rule
1501:13-9-04
of the Administrative Code. The design of any coal mine waste bank shall be
certified by an engineer experienced in design of similar earth and waste
structures. The certification shall state that the structure is designed to
meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and
paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current,
prudent engineering practices.
(6)
If the structure meets or exceeds the size or other criteria of MSHA,
30
C.F.R. 77.216(a), or meets
the significant hazard potential or high hazard
potential classification (formerly called class B or C) criteria for dams in the U.S department of
agriculture, natural resources conservation service technical
release TR-210-60, "Earth Dams and Reservoirs,"
March
2019, each plan under paragraphs (H)(2), (H)(3), and (H)(4) of this rule
shall include a stability analysis of each structure. The stability analysis
shall include, but not be limited to, strength parameters, pore pressures, and
long-term seepage conditions. The plan shall also contain a description of each
engineering design assumption and calculation with a discussion of each
alternative considered in selecting the specific design parameters and
construction methods.
(7) For
further information about natural resources conservation service technical
release TR-210-60, which is incorporated by reference in
paragraph (H) of this rule, see paragraph (H)(1)(a) of rule
1501:13-9-04
of the Administrative Code.
(I) Surface mining near underground mining. For surface mining operations within the proposed permit area to be conducted within five hundred feet of an underground mine either active or abandoned, the application shall describe the measures to be used to comply with rule 1501:13-9-08 of the Administrative Code.
(J) Diversions. Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of the Administrative Code.
(K) Protection of public parks and historic places.
(1) For any publicly owned parks or any
places listed on the "National Register of Historic Places," administered by
the national parks service, U.S. department of the interior, that may be
adversely affected by the proposed operation, each application shall describe
the measures to be used:
(a) To prevent
adverse impacts; or
(b) If valid
existing rights exist or joint agency approval is to be obtained under
paragraph (E) of rule
1501:13-3-04
of the Administrative Code, to minimize adverse impacts. The website for the
"National Register of Historic Places" for Ohio sites is
http://www.nationalregisterofhistoricplaces.com/oh/state.html.
(2) The chief may require the
applicant to protect historic or archeological properties listed on or eligible
for listing on the "National Register of Historic Places," as referenced in
paragraph (K)(1) of this rule, through appropriate mitigation and treatment
measures. Appropriate mitigation and treatment measures may be required to be
taken after permit issuance provided that the required measures are completed
before the properties are affected by any mining operation.
(L) Relocation or use of public roads. Each application shall describe the measures to be used to ensure that the interests of the public and landowners affected are protected if, under paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant seeks to have the chief approve:
(1) Conducting the proposed coal mining
operations within one hundred feet of the right-of-way line of any public road,
except where mine access or haul roads join that right-of-way; or
(2) Relocating a public
road.
(M) Transportation facilities.
(1) Each application shall
contain a detailed description of each road, conveyor, or rail system to be
constructed, used, or maintained within the proposed permit area. The
description shall include a map, appropriate cross sections, and the following:
(a) Specifications for each road width, road
gradient, road surface, road cut, fill embankment, culvert, bridge, drainage
ditch, and drainage structure;
(b)
A description of measures to be taken to obtain approval of the chief for
alteration or relocation of a natural drainageway under rule
1501:13-10-01
of the Administrative Code;
(c) A
description of measures, other than use of a rock headwall, to be taken to
protect the inlet end of a ditch relief culvert, for approval by the chief
under rule
1501:13-10-01
of the Administrative Code;
(d)
Drawings and specifications for each proposed ford of perennial or intermittent
streams outside the mined-out area that is used as a temporary route, as
necessary for approval of the ford by the chief in accordance with paragraph
(D)(1) of rule
1501:13-10-01
of the Administrative Code; and
(e)
A description of plans to remove and reclaim each road that would not be
retained under an approved postmining land use, and the schedule for this
removal and reclamation.
(2) Primary road embankments may be designed
in compliance with the following design standards, in lieu of performance of
engineering tests to demonstrate compliance with the 1.3 minimum static safety
factor required in paragraph (G) (3) of rule
1501:13-10-01
of the Administrative Code:
(a) The
embankment foundation area shall be cleared of all organic matter and the
entire foundation surface shall be scarified;
(b) If the natural slope of the foundation as
measured at right angles to the roadway center line is steeper than 8h:1v, the
embankment shall be benched into the existing slope beginning at the embankment
toe and then filled with compacted level lifts;
(c) The embankment fill material shall be
free of sod, large roots, other large vegetative matter, and coal processing
waste;
(d) The fill shall be
brought up in horizontal layers of such thickness as required to facilitate
compaction in accordance with prudent construction standards;
(e) The moisture content of the fill material
shall be sufficient to secure proper compaction;
(f) The side slopes of the embankment shall
be no steeper than 2h:1v;
(g)
Embankments with upstream and downstream slopes shall have a minimum top width
of (h + 35)/5, where "h" is the embankment height as measured from natural
ground at the upstream toe to the top of the embankment;
(h) Hillside embankments shall have a minimum
top width adequate for the intended use; and
(i) Culverts shall be placed such that the
embankment, as defined in rule
1501:13-1-02 of the
Administrative Code, will not impound water for an extended period of
time.
(N) Disposal of excess spoil.
(1) Each
application shall contain descriptions, including appropriate maps and cross
section drawings, of the proposed disposal site and design of the spoil
disposal structures according to rule
1501:13-9-07
of the Administrative Code. These plans shall describe the geotechnical
investigation, design, construction, operation, maintenance, and removal, if
appropriate, of the site and structures.
(2) Each application shall contain the
results of a geotechnical investigation of the proposed disposal site,
including the following:
(a) The character of
bedrock and any adverse geologic conditions in the disposal area;
(b) A survey identifying all springs,
seepage, and ground-water flow observed or anticipated during wet periods in
the area of the disposal site;
(c)
A survey of the potential effects of subsidence of the subsurface strata due to
past and future mining operations;
(d) A technical description of the rock
materials to be utilized in the construction of those disposal structures
containing rock chimney cores or underlain by a rock drainage blanket;
and
(e) A stability analysis
including, but not limited to, strength parameters, pore pressures and
long-term seepage conditions. These data shall be accompanied by a description
of all engineering design assumptions and calculations and the alternatives
considered in selecting the specific design specifications and
methods.
(3) If, under
paragraph (D) of rule
1501:13-9-07
of the Administrative Code, rocktoe buttresses or keyway cuts are required, the
application shall include the following:
(a)
The number, location and depth of borings or test pits. The number, location
and depth shall be determined with respect to the size of the spoil disposal
structure and sub-surface conditions; and
(b) Engineering specifications utilized to
design the rock-toe buttresses or keyway cuts which shall be determined in
accordance with paragraph (N)(2) (e) of this
rule.
(O) Air pollution control plan. Each application shall contain an air pollution control plan, in order to address fugitive dust resulting from erosion. The plan shall include the following:
(1) An air quality
monitoring program, if required by the chief, to provide sufficient data to
evaluate the effectiveness of the fugitive dust control practices under
paragraph (O)(2) of this rule to comply with applicable federal and state air
quality standards; and
(2) A plan
for fugitive dust control practices.
(P) Fish and wildlife plan.
(1) Resource information. Each application
shall include fish and wildlife resource information for the permit area and
adjacent area.
(a) The scope and level of
detail for such information shall be determined by the chief in consultation
with state and federal agencies with responsibilities for fish and wildlife and
shall be sufficient to design the protection and enhancement plan required
under paragraph (P)(2) of this rule.
(b) Site-specific resource information
necessary to address the respective species or habitats shall be required when
the permit area or adjacent area is likely to include:
(i) Listed or proposed endangered or
threatened species of plants or animals or their critical habitats listed by
the secretary of the interior under the Endangered Species Act of 1973, as
amended (16
U.S.C. 1531 et seq.), or those species or
habitats protected by similar state statutes;
(ii) Habitats of unusually high value for
fish and wildlife such as important streams, wetlands, riparian areas, cliffs
supporting raptors, areas offering special shelter or protection, migration
routes, or reproduction and wintering areas; or
(iii) Other species or habitats identified
through agency consultation as requiring special protection under state or
federal law.
(2) Protection and enhancement plan. Each
application shall include a description of how, to the extent possible using
the best technology currently available, the operator will minimize
disturbances and adverse impacts on fish and wildlife and related environmental
values, including compliance with the Endangered Species Act, during the
surface coal mining and reclamation operations and how enhancement of these
resources will be achieved where practicable.
(a) This description shall:
(i) Be consistent with the requirements of
rule
1501:13-9-11
of the Administrative Code;
(ii)
Apply, at a minimum, to species and habitats
identified under paragraph (P)(1) of this rule;
(iii) Include protective measures that will
be used during the active mining phase of the operation. Such measures may
include the establishment of buffer zones, the selective location and special
design of haul roads and powerlines, and the monitoring of surface water
quality and quantity; and
(iv)
Include enhancement measures that will be used during the reclamation and
postmining phase of the operation to develop aquatic and terrestrial habitat.
Such measures may include restoration of streams and other wetlands, retention
of ponds and impoundments, establishment of vegetation for wildlife food and
cover, and the replacement of perches and nest boxes. Where the plan does not
include enhancement measures, a statement shall be given explaining why
enhancement is not practicable.
(3) Fish and wildlife service review. Upon
request, the chief shall provide the resource information required under
paragraph (P)(1) of this rule and the protection and enhancement plan required
under paragraph (P)(2) of this rule to the U.S. department of the interior,
fish and wildlife service regional or field office for their review. This
information shall be provided within ten days of receipt of the request from
the service.
(Q) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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