Current through all regulations passed and filed through March 18, 2024
This rule applies only to underground
workings.
(A)
Application map. The permit application shall include
an application map prepared by or under the direction of and certified by a
surveyor or jointly by an engineer and a surveyor, to the extent such
certification is required by state law, showing:
(1)
All boundaries of
land and names of present owners of record of those lands, both surface and
subsurface, included in or contiguous to the proposed shadow area; noting the
boundaries of land within the proposed shadow area upon which the applicant has
the legal right to enter and begin coal mining operations and which areas the
applicant does not yet have this right;
(2)
The location of
all buildings on and within one thousand feet of the proposed shadow area for
full coal recovery mining operations and on and within three hundred feet of
the proposed shadow area for room and pillar mining operations, with
identification of the current use of the buildings using the map symbols set
forth in rule
1501:13-4-10
of the Administrative Code;
(3)
The location of
surface and subsurface man-made features within, passing through, or passing
over the proposed shadow and adjacent areas;
(4)
The locations of
water supply intakes for current users of surface water flowing into, out of,
and within a hydrologic area defined by the chief, those surface waters which
will receive discharges from the proposed shadow area and the location of any
discharges to any surface body of water on or adjacent to the proposed shadow
area;
(5)
Each public road located within the proposed shadow and
adjacent areas;
(6)
The boundaries of any public park and locations of any
cultural or historical resources listed or eligible for listing on the
"National Register of Historic Places," as referenced in paragraph (A)(2)(a) of
rule
1501:13-4-13
of the Administrative Code, and known archeological sites within the proposed
shadow and adjacent areas;
(7)
Each cemetery
that is located within the proposed shadow and adjacent areas;
(8)
Any land within
the proposed shadow area or adjacent area which is within the boundaries of any
units of the national system of trails or the wild and scenic rivers system,
including study rivers designated under section 5(a) of the Wild and Scenic
Rivers Act,
16 U.S.C.
1271 et seq., or study rivers or study river
corridors as established in any guidelines pursuant to that
act;
(9)
The boundaries and names of counties, municipal
corporations, townships, section and lot lines located in and within five
hundred feet of the proposed shadow area;
(10)
The names,
locations, and directions of flow of all perennial and intermittent streams
located in and within five hundred feet of the proposed shadow
area;
(11)
The name of the drainage basin in which the proposed
shadow area is located as listed in the "Gazetteer of Ohio Streams," published
by the Ohio department of natural resources;
(12)
Elevations and
locations of test borings and core samplings;
(13)
Elevations and
locations of monitoring stations used to gather data for water quality and
quantity, fish and wildlife, and air quality, if required, in preparation of
the application;
(14)
All coal contour lines and the strike and dip of the
coal to be mined in the proposed shadow area;
(15)
Location and
extent of known workings of active, inactive or abandoned underground mines,
including mine openings to the surface, within the proposed shadow and adjacent
areas;
(16)
Location of surface water bodies such as streams,
lakes, ponds, springs, constructed or natural drains, and irrigation ditches
within the proposed shadow and adjacent areas;
(17)
Location and
extent of existing or previously surface-mined areas within the proposed shadow
and adjacent areas;
(18)
Location and extent of existing areas of waste, refuse,
dams, embankments, other impoundments, and water treatment and air pollution
control facilities within the proposed shadow and adjacent
areas;
(19)
Location of gas and oil wells in and within twenty-five
feet of the proposed shadow area and the location of producing gas and oil
wells in and within three hundred feet of the proposed shadow
area;
(20)
Location of water wells in the proposed shadow and
adjacent areas;
(21)
The location and start and end points of all submitted
cross sections within the proposed shadow area;
(22)
The boundaries
of all areas proposed to be affected over the estimated total life of the
proposed mining operation, with a description of size, sequence, and timing of
the mining of sub-areas for which it is anticipated that additional permits
will be sought;
(23)
Buildings, utility corridors within the proposed shadow
and adjacent areas;
(24)
The location of each water monitoring point within the
proposed shadow and adjacent areas;
(25)
The location of
each subsidence monitoring point within the proposed shadow area;
and
(26)
Other relevant information required by the
chief.
(B)
Supplementary maps and cross sections, designs and
plans. When necessary under these rules, the application shall include:
(1)
Supplementary
maps and cross sections, prepared by or under the direction of and certified by
an engineer or jointly by an engineer and a surveyor to the extent such joint
certification is required by state law, showing the nature, depth, and
thickness of the coal seams to be mined, each stratum of the overburden, and
the stratum immediately below the lowest coal seam to be mined;
and
(2)
Other relevant supplementary maps, cross sections,
designs and plans required by the chief.
(C)
Hydrologic map.
Each application for a permit shall include a hydrologic map which, in addition
to the applicable requirements of rules
1501:13-4-09
and
1501:13-4-10
of the Administrative Code, shall be at a scale of not more than five hundred
feet to the inch. The hydrologic map shall be certified by a surveyor and, if
required pursuant to paragraph (C) of rule
1501:13-4-09
of the Administrative Code, by an engineer. Except as provided in paragraph (D)
of this rule, all hydrologic maps shall show the following:
(1)
The proposed
permit and shadow areas and the area within one thousand feet of the proposed
shadow area for full coal recovery mining operations and within three hundred
feet of the proposed shadow area for room and pillar mining
operations;
(2)
A line identifying the area within one thousand feet of
the proposed shadow area a for full coal recovery mining operations and within
three hundred feet of the proposed shadow area for room and pillar mining
operations;
(3)
All occupied buildings on or within one thousand feet
of the proposed shadow area for full coal recovery mining operations and on or
within three hundred feet of the proposed shadow area for room and pillar
mining operations;
(4)
All perennial and intermittent streams on or within one
thousand feet of the proposed shadow area for full coal recovery mining
operations and on or within three hundred feet of the proposed shadow area for
room and pillar mining operations;
(5)
The location of
the coal outcrop on the proposed permit area and the name and number of each
coal seam to be mined;
(6)
The location of each cross-section drawn to show
hydrogeologic information as required under paragraph (F) of this
rule;
(7)
The location and type of water supply used by the
occupant of each building described in paragraph (C)(3) of this rule for the
purpose of domestic, agricultural, or industrial use;
(8)
All springs on or
within one thousand feet of the proposed shadow area for full coal recovery
mining operations and on or within three hundred feet of the proposed shadow
area for room and pillar mining operations;
(9)
All seepage zones
on and within one thousand feet of the proposed shadow area for full coal
recovery mining operations and on or within three hundred feet of the proposed
shadow area for room and pillar mining operations;
(10)
The location of
sampling stations on each stream identified in paragraph (C)(4) of this rule at
points just above and below the proposed permit area and the location and
elevation of other sampling stations used to gather data on water quality and
quantity in the preparation of the permit application;
(11)
Location and
extent of known workings of active, inactive or abandoned underground mines,
including mine openings to the surface, within the proposed shadow and adjacent
areas;
(12)
The location of monitoring stations, other than
sediment pond outlets, to be monitored during the life of the
permit;
(13)
All existing water wells on or within one thousand feet
of the proposed shadow area for full coal recovery mining operations and on or
within three hundred feet of the proposed shadow area for room and pillar
mining operations; and
(14)
Any well, well field, reservoir, river, or other water
source used for a public water supply on or within one thousand feet of the
proposed shadow area for full coal recovery mining operations and on or within
three hundred feet of the proposed shadow area for room and pillar mining
operations.
(D)
(1)
For the items
listed in paragraphs (C)(3), (C)(4), and (C)(7) to (C)(14) of this rule, the
chief may require additional information outside the thousand-foot limit of the
shadow area for full coal recovery mining operations or outside the
three-hundred-foot limit of the proposed shadow area for room and pillar mining
operations to be shown on the hydrologic map if such identification is
necessary based on site-specific conditions.
(2)
The items listed
in paragraphs (C)(3), (C)(7), (C)(8), (C)(9), (C)(10), (C)(11), and (C)(13) of
this rule need not be shown on the hydrologic map when:
(a)
They are located
beyond an intermittent or perennial stream located within one thousand feet of
the proposed permit area; and
(b)
The lowest coal
seam to be mined is at a higher elevation than such intermittent or perennial
stream.
(E)
The map symbols
used to identify the items described in paragraphs (C)(8) to (C)(14) of this
rule shall be highlighted in red on all hydrologic maps.
(F)
Hydrologic
cross-section. Each application for a permit shall include one or more
cross-sections prepared by, or under the direction of, an engineer or a
professional geologist showing:
(1)
The location and extent of subsurface water, if
encountered, within the proposed shadow or adjacent areas;
(2)
All wells,
boreholes, piezometers, springs, or other features used to determine the
configuration of the water table or potentiometric surface of each aquifer
where such wells, boreholes, piezometers, springs, or other items fall on or
reasonably close to the line of the cross-section;
(3)
Within the
proposed shadow and adjacent areas, all aquifers and the water table or
potentiometric surface of each aquifer above the lowest coal seam to be mined
and within the lowest coal seam to be mined if that seam is a water bearing
stratum, and each potentially affected water bearing stratum below the lowest
coal seam to be mined; and
(4)
All coal seams to
be mined.
(G)
For dates of federal rules and federal laws referenced
in this rule, see rule
1501:13-1-14
of the Administrative Code.
Effective: 1/17/2016
Five Year
Review (FYR) Dates: 01/16/2021
Promulgated Under:
119.03
Statutory
Authority: 1513.02,
1513.35
Rule
Amplifies: 1513.07,
1513.35