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 1501:13-9-03 - Topsoil handling

Current through all regulations passed and filed through July 1, 2024
(A) To prevent topsoil from being
			 contaminated by spoil or waste materials or otherwise wasted, the
			 permittee or operator shall remove the topsoil as
			 a separate operation from areas to be disturbed. Topsoil shall be immediately
			 redistributed according to the requirements of paragraph (C) of this rule on
			 areas graded to the approved postmining configuration. The topsoil shall be
			 segregated, stockpiled, and protected from wind and water erosion and from
			 contaminants which lessen its capability to support vegetation if sufficient
			 graded areas are not immediately available for redistribution. Areas of surplus
			 soil materials may be identified for use in future reclamation.
(B) Topsoil to be salvaged shall be removed
			 before any drilling for blasting, mining, spoil or other surface disturbance.
(1) All topsoil shall be removed and if the
			 topsoil is less than six inches, a six-inch layer that includes the topsoil and
			 the unconsolidated materials immediately below the "A" horizon shall be removed
			 and segregated for resoiling, unless an alternative material is approved by the
			 chief  in accordance with paragraph (B)(3) of this rule.
(2) Where necessary to obtain soil
			 productivity consistent with postmining land use, the chief
			  may require that the subsoil be segregated and replaced
			 prior to the redistribution of the topsoil.
(3) Alternative resoiling materials may be
			 used instead of, or as a supplement to, topsoil where the resulting soil medium
			 is equal to or more suitable for vegetation or if the topsoil is of
			 insufficient quantity or quality for sustaining vegetation and if all the
			 following requirements are met:
(a) The
			 applicant
			 or permittee demonstrates that the alternative resoiling materials, or an
			 overburden topsoil mixture is more suitable for restoring land capability and
			 productivity by the results of chemical and physical analyses. These analyses
			 shall include determinations of pH, per cent organic material, phosphorus,
			 potassium, and texture class, and such other analyses as required by the chief
			 . The chief  may require the results of field-site
			 trials or greenhouse tests be used to demonstrate the feasibility of using such
			 alternative resoiling;
(b) The
			 chemical and physical analysis and the results of field-site trials and
			 greenhouse tests are accompanied by a certification from a qualified soil
			 scientist or agronomist; and
(c) If alternative resoiling materials are
			 used, such materials are removed, segregated, and replaced in conformance with
			 this rule.
(4) If there
			 is insufficient topsoil on the permit area, the applicant
			 or permittee shall:
(a) Identify the alternative resoiling
			 materials to be used for resoiling;
(b) Submit the results of the analysis
			 required by paragraph (B)(3)(a) of this rule;
(c) Submit certification by a qualified soil
			 scientist or agronomist that the alternative resoiling materials are suitable
			 for establishing the permanent vegetative species proposed by the applicant in
			 the mining
			 and reclamation plan; and
(d) If alternative resoiling materials are to
			 be used, submit a plan, where appropriate, for
			 the removal, segregation, and replacement of such materials.
(5) Limits on topsoil removal
			 area. Where the removal of vegetation materials, topsoil, or other materials
			 may result in erosion which may cause air or water pollution:
(a) The size of the area from which topsoil
			 is removed at any one time shall be limited;
(b) The surface soil layer shall be
			 redistributed at a time when the physical and chemical properties of topsoil
			 can be protected and erosion can be minimized; and
(c) Such other measures shall be taken as the
			 chief may approve or require to control erosion.
(6)
									 The chief may choose not to require the removal of
			 topsoil for minor disturbances which:
(a)
										 Occur at the
			 site of small structures, such as power poles, signs, or fence lines; or
(b)
										 Will
			 not destroy the existing vegetation and will not cause erosion.