Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-3 - Prohibited or Limited Areas for Mining › Section 1501:13-3-07 - Procedures for designating areas unsuitable for coal mining operations

Current through all regulations passed and filed through July 1, 2024
(A) Petitions.
(1) Right to petition. Any person having an
			 interest which is or may be adversely affected has the right to petition the
			 chief to have an area designated as unsuitable for coal mining operations, or
			 to have an existing designation terminated. A person having an interest which
			 is or may be adversely affected must demonstrate how he or she meets the
			 "injury in fact" test by describing the injury to the specific affected
			 interests and demonstrating how he or she is among the injured.
(2) Designation. Information that a
			 petitioner must provide is:
(a) The location
			 and approximate size of the area covered by the petition and a U.S. geological
			 survey topographical map outlining the perimeter of the petitioned areas;
(b) Allegations of fact and
			 supporting evidence, covering all lands in the petition area, which tend to
			 establish that the area is unsuitable for all or certain types of coal mining
			 operations, assuming that contemporary mining practices required by these rules
			 would be followed if the area were to be mined. Each allegation of fact shall
			 be specific as to the mining operation, if known, the portion(s) of the
			 petitioned area, and the petitioner's interests to which the allegation
			 applies, and shall be supported by evidence that tends to establish the
			 validity of each allegation for the mining operation or portion of the
			 petitioned areas;
(c) A
			 description of how mining of the area has affected or may adversely affect
			 people, land, air, water or other resources;
(d) The petitioner's name, address, telephone
			 number and notarized signature; and
(e) Identification of the petitioner's
			 interest which is or may be adversely affected, including a statement
			 demonstrating how the petitioner satisfies the requirements of paragraph (A)(1)
			 of this rule.
(3)
			 Termination. A petitioner must provide the following information to terminate a
			 designation:
(a) The location and approximate
			 size of the area covered by the petition and a U.S. geological survey
			 topographical map outlining the perimeter of the petitioned areas to which the
			 termination petition applies;
(b)
			 Allegations of fact and supporting evidence covering all lands for which
			 termination is proposed. Each allegation of fact shall be specific as to the
			 mining operation, if any, the portions of the petitioned area, and the
			 petitioner's interests to which each allegation applies. Each allegation shall
			 be supported by evidence, not contained in the record of the proceeding in
			 which the area was designated unsuitable, that tends to establish the validity
			 of each allegation for the mining operation or portion of the petitioned area,
			 assuming that contemporary mining practices required by these rules would be
			 followed were the area to be mined. Allegations and supporting evidence should
			 also be specific with regard to the basis for which the designation was made
			 and tend to establish that the designation should be terminated based on:
(i) The nature or abundance of the protected
			 resource or condition or other basis of the designation if the designation was
			 based on criteria found in paragraph (A)(2) of rule
			 1501:13-3-05
			 of the Administrative Code; or
(ii) Reclamation now being technologically
			 and economically feasible, if the designation was based on the criteria found
			 in paragraph (A)(1) of rule
			 1501:13-3-05
			 of the Administrative Code; or
(iii) The resources or condition not being
			 affected by coal mining operations, or in the case of land use plans, not being
			 incompatible with coal mining operations during and after mining, if the
			 designation was based on the criteria found in paragraph (A)(2) of rule
			 1501:13-3-05
			 of the Administrative Code;
(c) The petitioner's name, address, telephone
			 number and a notarized signature;
(d) Identification of the petitioner's
			 interest which is or may be adversely affected by the continuation of the
			 designation, including a statement demonstrating how the petitioner satisfies
			 the requirements of paragraph (A)(1) of this rule; and
(e) For areas previously and unsuccessfully
			 proposed for termination, significant new allegations of fact and supporting
			 evidence must be presented in the petition.