Ohio Administrative Code
Title 1501:13 - Division of Mineral Resources Management - Coal
Chapter 1501:13-4 - Permits
Section 1501:13-4-12 - Requirements for permits for special categories of mining
Universal Citation: OH Admin Code 1501:13-4-12
Current through all regulations passed and filed through September 16, 2024
(A) Scope. This rule establishes the minimum requirements for permits for certain categories of coal mining and reclamation operations. These requirements are in addition to the general permit requirements contained in Chapter 1501:13-4 of the Administrative Code. All of the provisions of Chapter 1501:13-4 of the Administrative Code apply to such operations, unless otherwise specifically provided in this rule.
(B) Experimental mining practices.
(1)
"Experimental practices," as used in this rule, means the use of alternative
coal mining and reclamation operation practices for experimental or research
purposes. Experimental practices need not comply with specific environmental
protection performance standards of these rules, if approved pursuant to
paragraph (B) of this rule.
(2) No
person shall engage in or maintain any experimental practice, unless that
practice is first approved in a permit by the chief and the director of the
office of surface mining.
(3) Each
person who desires to conduct an experimental practice shall submit a permit
application for the approval of the chief and the director of the office of
surface mining. The permit application shall contain descriptions, maps, plans,
and data which show:
(a) The nature of the
experimental practice, including a description of the performance standards for
which variances are requested, the duration of the experimental practice, and
the special monitoring which will be conducted;
(b) How use of the experimental practice:
(i) Encourages advances in mining and
reclamation technology; or
(ii)
Allows a postmining land use for industrial, commercial, residential, or public
use (including recreational facilities), on an experimental basis, when the
results are not otherwise attainable under Chapter 1513. of the Revised Code
and rules adopted thereunder;
(c) That the mining and reclamation
operations proposed for using an experimental practice are not larger nor more
numerous than necessary to determine the effectiveness and economic feasibility
of the experimental practice;
(d)
That the experimental practice:
(i) Is
potentially more, or at least as, environmentally protective during and after
the proposed mining and reclamation operations as those practices otherwise
required under division 1501:13 of the Administrative Code; and
(ii) Will not reduce the protection afforded
public health and safety below that provided by the requirements of division
1501:13 of the Administrative Code; and
(e) That the applicant will conduct special
monitoring with respect to the experimental practice during and after the
operations involved. The monitoring program shall:
(i) Ensure the collection, analysis and
reporting of sufficient and reliable data to enable the chief and the director
of the office of surface mining to make adequate comparisons with other coal
mining and reclamation operations employing similar experimental practices;
and
(ii) Include requirements
designed to identify, as soon as possible, potential risks to the environment
and public health and safety from the use of the experimental
practice.
(4)
Each application shall set forth the environmental protection performance
standards of division 1501:13 of the Administrative Code which will be
implemented in the event the objective of the experimental practice is a
failure.
(5) All experimental
practices for which variances are sought shall be specifically identified
through newspaper advertisements by the applicant and the written notifications
by the chief required in sections
1513.07
and
1513.071
of the Revised Code.
(6) No permit
authorizing an experimental practice shall be issued, unless the chief first
finds, in writing, upon the basis of both a complete application filed in
accordance with the requirements of paragraph (B) of this rule and the
concurrence of the director of the office of surface mining that:
(a) The experimental practice meets all of
the requirements of paragraph (B) (3) of this rule;
(b) The experimental practice has been
specifically approved, in writing, by the director of the office of surface
mining based on the director's findings that all of the requirements of
paragraph (B)(3) of this rule will be met;
(c) The experimental practice is based on a
clearly defined set of objectives which can reasonably be expected to be
achieved; and
(d) The permit
contains conditions which specifically:
(i)
Limit the experimental practice authorized to that granted by the chief and the
director of the office of surface mining;
(ii) Impose enforceable alternative
environmental protection requirements; and
(iii) Require the person to conduct the
periodic monitoring, recording and reporting program set forth in the
application, with such additional requirements as the chief or the director of
the office of surface mining may require.
(7) Each permit which authorizes the use of
an experimental practice shall be reviewed in its entirety by the chief at a
frequency set forth in the approved permit but no less frequently than every
two and one-half years. After review, the chief may require such reasonable
revision or modification of the permit provisions necessary to ensure that the
operations involved are conducted to protect fully the environment and public
health and safety. Copies of the decision of the chief shall be provided to the
permittee and be subject to review as provided by section
1513.13
of the Revised Code.
(C) Mountaintop removal mining.
(1) Any person who
conducts or intends to conduct surface mining operations by mountaintop removal
mining shall apply for a variance from approximate original contour restoration
requirements in accordance with the requirements of paragraph (C) of this
rule.
(2) The chief may issue a
permit for mountaintop removal mining, including a variance from the
requirements of rule
1501:13-9-14
of the Administrative Code regarding approximate original contour, if he or she
first finds, in writing, on the basis of a complete application, that the
following requirements are met:
(a) The
proposed postmining land use of the lands to be affected will be an industrial,
commercial, agricultural, residential, or public facility (including
recreational facilities) use and if:
(i)
After consultation with the appropriate land use planning agencies, if any, the
proposed land use is deemed by the chief to constitute an equal or better
economic or public use of the affected land compared with the premining
use;
(ii) The applicant
demonstrates compliance with the requirements for acceptable alternative
postmining land uses of rule
1501:13-9-17
of the Administrative Code;
(iii)
The proposed use would be compatible with adjacent land uses and existing state
and local land use plans and programs; and
(iv) The chief has provided, in writing, an
opportunity of not more than sixty days to review and comment on such proposed
use to the local government in whose jurisdiction the land is located and any
state or federal agency which the chief, in his or her discretion, determines
to have an interest in the proposed use;
(b) The applicant has demonstrated that, in
place of restoration of the land to be affected to the approximate original
contour under rule
1501:13-9-14
of the Administrative Code, the operation will be conducted in compliance with
the requirements of rule
1501:13-13-04
of the Administrative Code;
(c) The
requirements of rule
1501:13-13-04
of the Administrative Code are made a specific condition of the
permit;
(d) All other requirements
of Chapter 1513. of the Revised Code and these rules are met by the proposed
operations; and
(e) The permit is
clearly identified as being for mountaintop removal mining.
(3) Review of special permits.
(a) Any permits incorporating a variance
issued under paragraph (C) of this rule shall be reviewed by the chief to
evaluate the progress and development of the mining operations to establish
that the operator is proceeding in accordance with the terms of the variance:
(i) Within the sixth month preceding the
third year from the date of its issuance;
(ii) Before each permit renewal;
and
(iii) Not later than the middle
of each permit term.
(b)
Any review required under paragraph (C)(3) of this rule need not be held if the
permittee has demonstrated and the chief finds, in writing, within three months
before the scheduled review, that all operations under the permit are
proceeding and will continue to be conducted in accordance with the terms of
the permit and requirements of Chapter 1513. of the Revised Code and division
1501:13 of the Administrative Code.
(c) The chief may modify the terms and
conditions of a permit for mountaintop removal mining at any time if he or she
determines that more stringent measures are necessary to ensure that the
operation involved is conducted in compliance with the requirements of Chapter
1513. of the Revised Code and division 1501:13 of the Administrative
Code.
(D) Steep slope mining.
(1) Any person who conducts or
intends to conduct steep slope coal mining and reclamation operations shall
comply with the requirements of paragraph (D) of this rule except in any of the
following situations:
(a) An operator proposes
to conduct coal mining and reclamation operations on flat or gently rolling
terrain, leaving a plain or predominantly flat area, but on which an occasional
steep slope is encountered as the mining operation proceeds;
(b) A person obtains a permit under the
provisions of paragraph (C) of this rule; or
(c) To the extent that a person obtains a
permit incorporating a variance under paragraph (E) of this rule.
(2) Any application for a permit
for coal mining and reclamation operations covered by paragraph (D) of this
rule shall contain sufficient information to establish that the operations will
be conducted in accordance with the requirements of rule
1501:13-13-05
of the Administrative Code.
(3) No
permit shall be issued for any operations covered by paragraph (D) of this rule
unless the chief finds, in writing, that in addition to meeting all other
requirements of this rule, the operation will be conducted in accordance with
the substantive requirements of rule
1501:13-13-05
of the Administrative Code.
(E) Permits incorporating variances from approximate original contour restoration requirements. The chief may, under paragraph (E) of this rule, issue a permit for non-mountaintop removal, steep slope, mining which includes a variance from the requirements of rules 1501:13-9-14 and 1501:13-13-05 of the Administrative Code regarding approximate original contour restoration requirements.
(1) The chief may issue a
permit for coal mining incorporating a variance under paragraph (E) of this
rule only if he or she first finds, in writing, on the basis of a complete
application, that all of the following requirements are met:
(a) The applicant has demonstrated that the
purpose of the variance is to make the lands to be affected within the permit
area suitable for an industrial, commercial, residential, or public postmining
land use (including recreational facilities);
(b) The proposed use, after consultation with
the appropriate land use planning agencies, if any, constitutes an equal or
better economic or public use;
(c)
The applicant has demonstrated compliance with the requirements for acceptable
alternative postmining land uses of rule
1501:13-9-17
of the Administrative Code;
(d) The
applicant has demonstrated that the watershed of lands within the proposed
permit area and adjacent areas will be improved by the operations. The
watershed will only be deemed improved if:
(i) There will be a reduction in the amount
of total suspended solids or other pollutants discharged to ground or surface
waters from the permit area as compared to such discharges prior to mining, so
as to improve public or private uses or the ecology of such waters, or there
will be reduced flood hazards within the watershed containing the permit area
by reduction of peak flow discharges from precipitation events or
thaws;
(ii) The total volume of
flows from the proposed permit area, during every season of the year, will not
vary in a way that adversely affects the ecology of any surface water or any
existing or planned use of surface or ground water; and
(iii) The appropriate Ohio environmental
agency approves the plan;
(e) The proposed use is designed and
certified by an engineer in conformance with professional standards established
to assure the stability, drainage, and configuration necessary for the intended
use of the site;
(f) The highwall
is to be completely backfilled with spoil material, in a manner which results
in a static safety factor of at least 1.3, using standard geotechnical
analysis;
(g) Only the amount of
spoil necessary to achieve the postmining land use, ensure the stability of
spoil retained on the bench, and meet all other requirements of Chapter 1513.
of the Revised Code and rules adopted thereunder is to be placed off the mine
bench. All spoil not retained on the bench shall be placed in accordance with
rule
1501:13-9-07
of the Administrative Code;
(h)
Federal, state and local government agencies with an interest in the proposed
land use have an adequate period in which to review and comment on the proposed
use;
(i) The applicant has
demonstrated that the owner of the surface of the lands within the permit area
has knowingly requested, in writing, as part of the application, that a
variance be granted. The request shall be made separately from any surface
owner consent given for the operations under paragraph (D) of rule
1501:13-4-03
of the Administrative Code and shall show an understanding that the variance
could not be granted without the surface owner's request; and
(j) All other requirements of Chapter 1513.
of the Revised Code and rules adopted thereunder will be met by the proposed
operations.
(2) If a
variance is granted under paragraph (E) of this rule:
(a) The requirements of paragraph (E) of this
rule shall be made a specific condition of the permit; and
(b) The permit shall be specifically marked
as containing a variance from approximate original contour.
(3) Any permits incorporating a
variance issued under paragraph (E) of this rule shall be reviewed by the chief
to evaluate the progress and development of the mining operations and to
establish that the operator is proceeding in accordance with the terms of the
variance:
(a) Within the sixth month preceding
the third year from the date of its issuance;
(b) Before each permit renewal; and
(c) Not later than the middle of each permit
term.
(4) If the
permittee demonstrates to the chief at any of the times specified in paragraph
(E)(3) of this rule that the operations involved have been and continue to be
conducted in compliance with the terms and conditions of the permit, the
requirements of Chapter 1513. of the Revised Code and division 1501:13 of the
Administrative Code, the review required at that time need not be
held.
(5) The terms and conditions
of a permit incorporating a variance under paragraph (E) of this rule may be
modified at any time by the chief if he or she determines that more stringent
measures are necessary to ensure that the operations involved are conducted in
compliance with the requirements of Chapter 1513. of the Revised Code and rules
adopted thereunder.
(F) Prime farmlands.
(1) Paragraph (F) of this
rule applies to any person who conducts or intends to conduct coal mining and
reclamation operations on prime farmlands used for cropland. It does not apply
to lands included in any existing coal mining operations for which a permit was
issued for all or any part thereof prior to August 3, 1977, provided that:
(a) Such lands are part of a single
continuous coal mining operation begun under a permit issued before August 3,
1977;
(b) The permittee had a legal
right to mine the lands prior to August 3, 1977, through ownership, contract,
or lease but not including an option to buy, lease, or contract; and
(c) The lands contain part of a continuous
recoverable coal seam that was being mined in a single continuous mining pit or
multiple pits if the lands are proven to be part of a single continuous coal
mining operation begun under a permit issued prior to August 3, 1977.
(d) For purposes of paragraph (F) of this
rule:
(i) A pit shall be deemed to be a single
continuous mining pit even if portions of the pit are crossed by a road,
pipeline, railroad, or powerline or similar crossing; and
(ii) A single continuous coal mining
operation is presumed to consist only of a single continuous mining pit under a
permit issued prior to August 3, 1977, but may include non-contiguous parcels
if the operator can prove by clear and convincing evidence that, prior to
August 3, 1977, the non-contiguous parcels were part of a single permitted
operation. For the purposes of this paragraph, clear and convincing evidence
includes, but is not limited to, contracts, leases, deeds, or other properly
executed legal documents (not including options) that specifically treat
physically separate parcels as one coal mining operation.
(2) Application contents for prime
farmland. If land within the proposed permit area is identified as prime
farmland under paragraph (J) of rule
1501:13-4-04
or paragraph (J) of rule
1501:13-4-13
of the Administrative Code, the applicant shall submit a plan for the mining
and restoration of the land. Each plan shall contain, at a minimum:
(a) A soil survey of the permit area
according to the standards of the national cooperative soil survey and in
accordance with the procedures set forth in the United States department of
agriculture handbooks 436 ("Soil Taxonomy," second
edition,
1999) and 18 ("Soil Survey Manual,"
fourth edition,
2017);
(i) These publications are hereby
incorporated by reference .
Agriculture handbooks 436 ("Soil Taxonomy") and 18 ("Soil
Survey Manual") are available under technical references on the natural
resources conservation service website: https://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ref/?cid=stelprdb1247805 .
Copies of these documents are also available from "NRCS Distribution Center" at
https://nrcspad.sc.egov.usda.gov/DistributionCenter/; e-mail nrcsdistributioncenter@ia.usda.gov; or call (888)
526-3227;
(ii) The soil
survey shall include a description of soil mapping units and a representative
soil profile description as determined by the U.S. natural resources
conservation service, including, but not limited to, soil-horizon depths, pH,
and the range of soil densities for each prime farmland soil unit within the
permit area. Other representative soil profile descriptions from the locality,
prepared in conjunction with the national cooperative survey, may be used if
their use is approved by the state conservationist, U.S. natural resources
conservation service;
(b)
The proposed method and type of equipment to be used for removal, storage, and
replacement of the soil in accordance with rule
1501:13-13-03
of the Administrative Code;
(c) The
method to be employed in avoiding excessive compaction in the replacement of
soil;
(d) The location of areas to
be used for the separate stockpiling of the soil and plans for soil
stabilization before redistribution;
(e) Plans for seeding or cropping the final
graded disturbed land and the conservation practices to be used to adequately
control erosion and sedimentation and to restore an adequate soil moisture
regime, during the period from completion of regrading until release of the
performance security as required by Chapter 1513. of the Revised Code and these
rules. Proper adjustments for seasons must be proposed so that final graded
land is not exposed to erosion during seasons when vegetation or conservation
practices cannot be established due to weather conditions;
(f) Available agricultural school studies or
other scientific data for areas with comparable soils, climate, and management
(including water management) that demonstrate that the proposed method of
reclamation will achieve, within a reasonable time, equivalent or higher levels
of yield after mining as existed before mining;
(g) A demonstration that the applicant has
the technological capability to restore the prime farmland to equivalent or
higher levels of yield as nonmined prime farmland in the surrounding area under
equivalent levels of management; and
(h) In all cases, soil productivity for prime
farmlands shall be returned to equivalent levels of yield as non-mined land of
the same soil type in the surrounding area under equivalent management
practices as determined from the soil survey performed pursuant to paragraph
(F)(2)(a) of this rule.
(3) Consultation with the United States
secretary of agriculture. Before any permit is issued for areas that include
prime farmlands, the chief shall consult with the United States secretary of
agriculture. The United States secretary of agriculture shall provide for
review of and comment on the proposed method of soil reconstruction in the plan
submitted under paragraph (F)(2) of this rule. If the United States secretary
of agriculture considers those methods to be inadequate, he or she shall
suggest revisions resulting in more complete and adequate reconstruction. The
United States secretary of agriculture has assigned his or her responsibilities
under this rule to the administrator of the United States natural resources
conservation service. The natural resources conservation service shall carry
out consultation and review through the conservationist for the state of
Ohio.
(4) Issuance of permit. A
permit for the mining and reclamation of prime farmland may be granted by the
chief, if he or she first finds, in writing, upon the basis of a complete
application, that:
(a) The approved proposed
post-mining land use of these prime farmlands will be cropland;
(b) The permit incorporates as specific
conditions the contents of the plan submitted under paragraph (F)(2) of this
rule, after consideration of any revisions to that plan suggested by the
secretary of agriculture under paragraph (F)(3) of this rule;
(c) The applicant has the technological
capability to restore the prime farmland, within a reasonable time, to
equivalent or higher levels of yield as nonmined prime farmland in the
surrounding area under equivalent levels of management;
(d) The proposed operations will be conducted
in compliance with all of the requirements of rule
1501:13-13-03
of the Administrative Code and other environmental performance and reclamation
standards for mining and reclamation of prime farmland; and
(e) The aggregate total prime farmland
acreage will not be decreased from that which existed prior to mining.
Permanent water bodies, if any, to be constructed during mining and reclamation
operations will be located within the post-reclamation non-prime farmland
portions of the permit area.
If the prime farmland acreage is to be restored in a location other than the premining location, the relocation must be approved by the chief and the permittee must obtain the consent of all affected surface owners.
(G) Variances for delay in contemporaneous reclamation requirement in combined surface and underground mining operations.
(1) Scope. Any person who conducts or intends
to conduct combined surface mining and underground coal mining operations,
where contemporaneous reclamation as required by rule
1501:13-9-13
of the Administrative Code is not practicable and a delay is requested to allow
underground mining operations to be conducted before the reclamation operation
for the surface mining operations can be completed, shall meet the requirements
of paragraph (G) of this rule.
(2)
The chief may allow the delay in reclaiming where the delay will allow
underground mining operations to be conducted to ensure both maximum practical
recovery of coal resources and to avoid multiple future disturbances of surface
lands or waters.
(3) Application
contents for variances. Any person who desires to obtain a variance under
paragraph (G) of this rule shall file with the chief complete applications for
both the surface mining and underground mining operations which are to be
combined. The mining and reclamation operation plans for these permits shall
contain appropriate narratives, maps and plans, which:
(a) Show why the proposed underground mining
operations are necessary or desirable to assure maximum practical recovery of
coal;
(b) Show how the multiple
future disturbances of surface lands or waters will be avoided;
(c) Identify the specific surface areas for
which a variance is sought and the particular provisions of Chapter 1513. of
the Revised Code and these rules from which a variance is being
sought;
(d) Show how the operations
will comply with rule
1501:13-9-08
of the Administrative Code;
(e)
Show why the variance sought is necessary for the implementation of the
proposed underground mining operations;
(f) Provide an assessment of the adverse
environmental consequences and damages, if any, that will result if the
reclamation of coal mining operations is delayed; and
(g) Show how off-site storage of spoil will
be conducted to comply with the applicable requirements of rule
1501:13-9-07
of the Administrative Code.
(4) Issuance of permit. A permit
incorporating a variance under paragraph (G) of this rule may be issued by the
chief if he or she first finds, in writing, upon the basis of a complete
application filed in accordance with paragraph (G) of this rule, that:
(a) The applicant has presented, as part of
the permit application, specific, feasible plans for the proposed underground
mining operations;
(b) The proposed
underground mining operations are necessary or desirable to assure maximum
practical recovery of the mineral resource and will avoid multiple future
disturbances of surface land or waters;
(c) The applicant has satisfactorily
demonstrated that the applications for the surface mining and underground
mining operations conform to the requirements of Chapter 1513. of the Revised
Code and division 1501:13 of the Administrative Code, and that all other
permits necessary for the underground mining operations have been issued by the
appropriate authority;
(d) The
surface area of the surface mining operations proposed for the variance has
been shown by the applicant to be necessary for implementing the proposed
underground mining operations;
(e)
No substantial adverse environmental damage, either off-site or on-site, will
result from the delay in completion of reclamation otherwise required by
division (A)(15) of section
1513.16 of
the Revised Code and Chapters 1501:13-9 to 1501:13-11 of the Administrative
Code;
(f) The operations will,
insofar as a variance is authorized, be conducted in compliance with the
requirements of Chapter 1513. of the Revised Code and rule
1501:13-9-08
of the Administrative Code;
(g)
Provisions for the placement of excess spoil will comply with the requirements
of division (A)(21) of section
1513.16 of
the Revised Code and rule
1501:13-9-07
of the Administrative Code;
(h)
Liability under the performance security required to be filed by the applicant
with the chief pursuant to Chapter 1513. of the Revised Code and these rules
shall be for the duration of the underground mining operations and until all
requirements of Chapter 1513. of the Revised Code and rules adopted thereunder
have been complied with; and
(i)
The permit for the surface mining operations contains specific conditions:
(i) Delineating the particular surface areas
for which a variance is authorized; and
(ii) Providing a detailed schedule for
compliance with the particular requirements of this rule.
(5) Review of permits containing
variances. Variances granted under permits issued under paragraph (G) of this
rule shall be reviewed by the chief no later than three years from the dates of
issuance of the permit and any permit renewals.
(H) Augering.
(1) Paragraph (H) of this rule applies to any
person who conducts or intends to conduct coal mining and reclamation
operations utilizing augering operations.
(2) Any application for a permit for
operations covered by paragraph (H) of this rule shall contain, in the mining
and reclamation plan, a description of the augering methods to be used and the
measures to be used to comply with the provisions of rule
1501:13-13-02
of the Administrative Code.
(3) No
permit shall be issued for any operations covered by paragraph (H) of this rule
unless the chief finds, in writing, that in addition to meeting all other
applicable requirements of this rule, the operation will be conducted in
compliance with rule
1501:13-13-02
of the Administrative Code.
(I) Coal preparation plants or support facilities not located within the permit area of a specified mine.
(1) Paragraph (I) of this rule applies to any
person who operates or intends to operate a coal preparation plan or support
facility outside the permit area of any mine, other than such plants or
facilities which are located at the site of ultimate coal use. Any person who
operates such a preparation plant or support facility shall have obtained a
permit from the chief in accordance with the requirements of paragraph (I) of
this rule.
(2) Any application for
a permit for operations covered by paragraph (I) of this rule shall contain in
the mining and reclamation plan, specific plans, including descriptions, maps
and cross sections of the construction, operation, maintenance and removal of
the preparation plants and support facilities. The plan shall demonstrate that
those operations will be conducted in compliance with rule
1501:13-13-06
of the Administrative Code. Each application shall contain the information
required under Chapter 1501:13-4 of the Administrative Code for the proposed
permit area in sufficient detail 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.
(3) No permit shall be issued for any
operation covered by paragraph (I) of this rule, unless the chief finds, in
writing, that, in addition to meeting all other applicable requirements of
Chapter 1501:13-4 of the Administrative Code, the operations will be conducted
in compliance with the requirements of rule
1501:13-13-06
of the Administrative Code.
(J) In situ processing activities.
(1) Paragraph (J) of this rule applies to any
person who conducts or intends to conduct coal mining and reclamation
operations utilizing in situ processing activities.
(2) Any application for a permit for
operations covered by paragraph (J) of this rule shall be made according to all
requirements of these rules applicable to underground mining operations. In
addition, the mining and reclamation operations plan for operations involving
in situ processing activities shall contain information establishing that those
operations will be conducted in compliance with the applicable requirements of
rule
1501:13-13-07
of the Administrative Code, including:
(a)
Delineation of proposed holes and wells and production zone for approval of the
chief;
(b) Specifications of drill
holes and casings proposed to be used;
(c) A plan for treatment, confinement or
disposal of all acid-forming, toxic-forming or radioactive gases, solids or
liquids constituting a fire, health, safety, or environmental hazard caused by
the mining and recovery process; and
(d) Plans for monitoring surface and ground
water and air quality, as required by the chief.
(3) No permit shall be issued for operations
covered by paragraph (J) of this rule unless the chief first finds, in writing,
upon the basis of a complete application made in accordance with paragraph
(I)(2) of this rule, that the operation will be conducted in compliance with
all requirements of Chapter 1501:13-4 of the Administrative Code relating to
underground mining operations and the requirements of Chapters 1501:13-9 to
1501:13-12 and rule
1501:13-13-07
of the Administrative Code.
(K) Permits incorporating variances from approximate original contour restoration requirements for remining operations on previously mined areas. The chief may issue a permit for remining operations on previously mined lands which includes a variance from the requirements of rule 1501:13-9-14 of the Administrative Code requiring elimination of highwalls, provided requirements of paragraph (K) of this rule are met.
(1) The operator of the remining operation
shall demonstrate in writing to the chief that the volume of all reasonably
available spoil is insufficient to completely backfill the reaffected or
enlarged highwall.
(2) If the
operator makes the proper demonstration to the chief under paragraph (K) (1) of
this rule and the chief issues a permit with a variance for previously mined
areas, the remining operation shall be conducted in accordance with the
requirements of paragraph (L)(3) of rule
1501:13-9-14
of the Administrative Code.
(L) Lands eligible for remining. Paragraph (L) of this rule applies to any person who proposes to conduct coal mining and reclamation operations on areas eligible for remining. The requirements of this paragraph shall apply until September 30, 2004, or any later date authorized by federal law. The application for a permit containing areas proposed to be remined must include the following:
(1) A
description of the proposed lands eligible for remining and a demonstration, to
the satisfaction of the chief, how such lands meet the eligibility requirements
specified by section
1513.37
of the Revised Code.
(2)
Identification, to the extent not otherwise addressed in the permit
application, of any potential environmental and safety problems related to the
prior mining activity at the site which could be reasonably anticipated to
occur. This identification shall be based on a due diligence investigation
which shall include visual observations at the site, a record review of past
mining at the site, and environmental sampling tailored to current site
conditions.
(3) A description, with
regard to potential environmental and safety problems identified in paragraph
(L)(2) of this rule, of the mitigative measures that will be taken to ensure
that the applicable reclamation requirements of Chapter 1513. of the Revised
Code and rules adopted thereunder can be met.
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