Ohio Administrative Code
Title 1501:13 - Division of Mineral Resources Management - Coal
Chapter 1501:13-9 - Identification of Mine Area: Environmental Integrity; Postmining Use of Land
Section 1501:13-9-13 - Contemporaneous reclamation
Universal Citation: OH Admin Code 1501:13-9-13
Current through all regulations passed and filed through September 16, 2024
(A) Timing. Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement, revegetation, and any other work necessary to fulfill the approved mining and reclamation plan, to secure each phase of performance security release in accordance with rule 1501:13-7-05 or rule 1501:13-7-05.1 of the Administrative Code, and to reduce potential reclamation cost liability on all land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining operations, and in accordance with the following:
(1) Contour mining. Backfilling and rough
grading shall be completed within sixty days or one thousand five hundred
linear feet following coal removal, whichever occurs first;
(2) Area mining. Backfilling and rough
grading shall be completed within one hundred eighty days following coal
removal and shall not be more than four spoil ridges behind the pit being
worked, the spoil from the active pit constituting the first ridge;
(3) Other mining method or combination of
methods. The chief may approve an alternate schedule for backfilling and rough
grading if the permittee or operator demonstrates that an alternate schedule
from that required for contour or area mining is necessary due to the mining
method utilized, provided that backfilling and rough grading shall be completed
not more than one hundred eighty days following coal removal or the minimum
distance necessary to continue the coal mining operation following coal
removal;
(4) Auger/highwall
mining. Auger/highwall mining shall occur as contemporaneously as practicable
and within one hundred eighty days after creation of the highwall to be
augered/mined unless an alternative schedule is approved by the chief;
(5)
Final
grading and replacement of topsoil. Final grading and replacement of topsoil or
approved resoiling materials shall occur in accordance with rule
1501:13-9-03 of
the Administrative Code;
(6)
Seeding and planting. Mulching, seeding, planting, and
application of nutrients and soil amendments, as required by these rules and
the approved reclamation plan, shall follow resoiling as soon as practicable to
minimize erosion of the resoiled area.
Seeding and
planting shall take place not later than the next appropriate
planting and growing season
following the completion
of backfilling, grading, resoiling, and other reclamation work;
(7)
Tree planting.
The normal expected time for tree planting is March through April. If the
approved reclamation plan specifies use of the forestry reclamation approach,
end-dumped soil placed after April shall not be planted with trees until the
following spring. Mulching and seeding may occur when the trees are planted or
in the fall to help minimize herbaceous competition;
(8)
The chief may grant additional time for
backfilling and rough grading:
(a) If the
chief finds that the permittee or operator cannot comply with the time limits
of paragraph (A) of this rule because of a labor dispute;
(b) For periods of not more than one year if
the permittee or operator needs more time than otherwise allowed under this
rule, for the purpose of removing limestone, clay, or shale which was uncovered
by surface mining operations, if the permittee or operator is in a business
which substantially utilizes limestone, clay, or shale, and if the chief
determines that the permittee or operator has a bona fide need for the
extension of time in order to carry out limestone, clay, or shale removal.
Removal of limestone, clay, and shale shall be performed under rules adopted by
the chief for the purpose of ensuring compliance with the requirements and
objectives of Chapter 1513. of the Revised Code. An extension of time made
under this rule shall not delay reclamation on any part of the area of land
affected for which the extension is not necessary in order to carry out the
limestone, clay, or shale removal; or
(c) If the permittee or operator can
demonstrate, through a detailed written analysis of the
backfilling, soil stabilization and grading information provided under
paragraph (D)(2)(b) of rule
1501:13-4-05
of the Administrative Codeas part of the approved
reclamation plan, that additional time is necessary. The analysis shall include a map or other description of
the area for which additional time is needed;
(9)
A request for
additional time for backfilling and rough grading that is not addressed in the
approved permit shall be filed with the chief as a revision to the permit in
accordance with rule
1501:13-4-06
of the Administrative Code. The revision request shall include sufficient
justification for the additional time and a time schedule that describes the
length of the anticipated delay in backfilling and grading;
(a)
Reasons for
additional time may include, but are not limited to, auger mining, highwall
mining, waste disposal, coal processing, permitting of an adjacent area, mining
of a lower coal seam, or mining other minerals;
(b)
If the activity
that justified the additional time does not take place as stated in the
revision to the permit, the permittee shall begin reclamation immediately and
continue until completion; and
(10)
For purposes of this rule, areas that are
backfilled and rough graded shall closely resemble the final ground surface
configuration approved in the mining and reclamation plan, but are not
necessarily ready for resoiling or eligible for phase I performance security
release.
(B) As provided in paragraph (G) of rule 1501:13-4-12 of the Administrative Code, the chief may grant a variance to the requirements of this rule where the applicant proposes to combine surface coal mining and underground coal mining operations.
(C) For underground mining, reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement and revegetation of all areas affected by surface operations, shall occur as contemporaneously as practicable with mining operations.
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