Ohio Administrative Code
Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral
Chapter 1501:14-5 - Surface Water Mining Projects that May Result in Dewatering
Section 1501:14-5-04 - Watercourse variances
Current through all regulations passed and filed through March 18, 2024
The chief may grant a variance to affect areas within fifty feet of the highwater mark on each bank of a watercourse that drains a surface area of greater than twenty-five square miles but fewer than one hundred square miles for surface excavations and/or surface mining activities pursuant to divisions (E)(3) and (F)(3) of section 1514.10 of the Revised Code using the following procedure and standard of review.
(A) An applicant for a variance shall submit a request on forms prescribed by the chief. The request shall include, at a minimum:
(B) The chief shall grant a variance for surface excavations and/or surface mining activities upon a written finding that the activities, measures, and reclamation proposed will be sufficient to prevent damage to the watercourse and/or surrounding area.
(C) If an applicant for a variance has also obtained an individual state or federal permit pursuant to the Clean Water Act under section 401 ("section 401 permit") or section 404 ("section 404 permit") in conjunction with the requested variance activity, the chief shall presume that the measures set forth in those permits are sufficient to prevent damage to the watercourse and/or surrounding area.
(D) For dates of federal rules and federal laws referenced in this rule, see rule 1501:14-1-16 of the Administrative Code.
Effective: 5/15/2015
Five Year
Review (FYR) Dates: 02/26/2015 and
05/15/2020
Promulgated
Under: 119.03
Statutory
Authority: 1514.08
Rule
Amplifies: 1514.02,
1514.10
Prior
Effective Dates: 7/28/05