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

Current through all regulations passed and filed through July 1, 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.