reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-4 - Permits › Section 1501:13-4-13 - Underground mining permit application requirements for information on environmental resources

Current through all regulations passed and filed through July 1, 2024
(A) General requirements.
(1) This rule applies only to underground
			 mining operations.
(2)
(a) Each application shall describe and
			 identify the nature of cultural, historic and archeological resources listed or
			 eligible for listing on the "National Register of Historic Places,"
			 administered by the national parks service, U.S. department of the interior,
			 and known archeological sites within the proposed permit and adjacent areas.
			 The description shall be based on all available information, including, but not
			 limited to, information from the state historic preservation officer and from
			 local archeological, historical, and cultural preservation agencies. The
			 website for the "National Register of Historic Places" for Ohio sites is
http://www.nationalregisterofhistoricplaces.com/oh/state.html
.
(b) The chief may require the applicant to
			 identify and evaluate important historical and archeological resources that may
			 be eligible for listing on the "National Register of Historic Places," as
			 referenced in paragraph (A) (2)(a) of this rule, through:
(i) Collection of additional
			 information;
(ii) Conduct of field
			 investigations; or
(iii) Other
			 appropriate analyses.
(3) Each application shall describe and
			 identify the lands subject to coal mining operations over the estimated life of
			 those operations and the size, sequence, and timing of the subareas for which
			 it is anticipated that individual permits for mining will be sought.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-4 - Permits › Section 1501:13-4-14 - Underground mining permit application requirements for reclamation and operations plans

Current through all regulations passed and filed through July 1, 2024
(A) Operation plan: general requirements.
(1) This rule shall apply only to underground
			 mining operations.
(2) Each
			 application shall contain a description of the mining operations proposed to be
			 conducted during the life of the mine including:
(a) A narrative description of the type and
			 method of coal mining procedures and proposed engineering techniques,
			 anticipated annual and total production of coal, by tonnage, and the major
			 equipment to be used for all aspects of those operations; and
(b) A narrative explaining the construction,
			 modification, use, maintenance, and removal of the following facilities (unless
			 retention of such facilities is necessary for postmining land use as specified
			 in rule
			 1501:13-9-17
			 of the Administrative Code and is approved by the chief):
(i) Dams, embankments, and other
			 impoundments;
(ii) Overburden and
			 topsoil handling and storage areas and structures;
(iii) Coal removal, handling, storage,
			 cleaning, and transportation areas and structures;
(iv) Spoil, coal processing, waste, and
			 noncoal waste removal, handling, storage, transportation, and disposal areas
			 and structures;
(v) Mine
			 facilities; and
(vi) Water and air
			 pollution control facilities.
(3) Each application shall contain the
			 information required under Chapter 1501:13-4 of the Administrative Code for the
			 proposed permit area in the detail necessary for the chief to determine the
			 estimated cost of reclamation, pursuant to paragraph (B) of rule
			 1501:13-7-01
			 of the Administrative Code, if the reclamation has to be performed by the
			 division of mineral resources management in the event of forfeiture of the
			 performance security by the permittee. This estimate shall include:
(a) Operational detail sufficient to
			 determine the greatest potential reclamation cost liability to the state;
			 and
(b) Any other operational
			 detail required by the chief that may affect the cost of reclamation by the
			 division of mineral resources management in the event of forfeiture of the
			 performance security by the permittee.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-4 - Permits › Section 1501:13-4-15 - Authorization to conduct coal mining on pollution abatement areas

Current through all regulations passed and filed through July 1, 2024
(A) Applicability.
(1) This rule shall apply to applicants who
			 seek authorization to conduct coal mining operations under modified effluent
			 limitations of a remining NPDES permit on certain previously mined areas in
			 which the earlier coal mining operations have resulted in continuing water
			 pollution, and sets forth the terms and conditions under which the chief may
			 release performance security to permittees who have received the authorization.
			 Receipt of the authorization entitles the permittee to obtain release of
			 performance security, in accordance with this rule, for areas which continue to
			 discharge pollutional material.
(2)
			 All of the provisions of Chapter 1513. of the Revised Code and these rules
			 shall apply to operations with authorizations to mine areas with pre-existing
			 pollutional discharges, unless otherwise specifically provided in this
			 rule.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-4 - Permits › Section 1501:13-4-16 - Requirements for exemption for coal extraction incidental to the extraction of other minerals

Current through all regulations passed and filed through July 1, 2024
The purpose of this rule is to establish exemption criteria so
				that legitimate operators of industrial minerals mining operations regulated
				under Chapter 1514. of the Revised Code may extract coal which they encounter
				incidentally while recovering other minerals, without being subject to the
				permitting and performance standards of Chapter 1513. of the Revised Code.
				Continued qualification for the exemption from the requirements of Chapter
				1513. of the Revised Code shall depend upon annual demonstration of maintenance
				of the required ratios between cumulative coal production and revenues and
				cumulative mineral production and revenues. Each pit or excavation site
				contained in a single surface mining permit may be included in a single
				exemption, but must individually comply with all of the requirements of this
				rule.
(A)
(1) This rule shall apply to the extraction
			 of coal incidental to the extraction of other minerals where coal does not
			 exceed sixteen and two-thirds percent of the total tonnage of coal and other
			 minerals removed for purposes of commercial use or sale.
(2) Any person who plans to commence or
			 continue coal extraction after the effective date of this rule in reliance on
			 the incidental mining exemption shall file a complete request for exemption
			 with the chief for each mining area. A person shall not commence coal
			 extraction based upon the exemption until the chief approves such request,
			 except as provided in paragraph (E)(3) of this rule.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-5 - Review of Permits › Section 1501:13-5-01 - Review, public participation, and approval or disapproval of permit applications and permit terms and conditions

Current through all regulations passed and filed through July 1, 2024
(A) Public notices of filing of permit
			 applications, applications for significant revisions to permits, and
			 applications for permit renewal.
(1) After
			 the chief determines an application for a permit, for a significant revision to
			 a permit, or for a permit renewal to be complete, the applicant shall place an
			 advertisement in a local newspaper of general circulation in the locality of
			 the proposed coal mining and reclamation operations at least once a week for
			 four consecutive weeks. The advertisement shall contain, at a minimum, the
			 following information:
(a) The name and
			 business address of the applicant;
(b) A description which shall:
(i) Clearly describe towns, rivers, streams,
			 or other bodies of water, local landmarks, and any other information, including
			 routes, streets, or roads and accurate distance measurements, necessary to
			 allow local residents to readily identify the proposed permit area;
(ii) Clearly describe the exact location and
			 boundaries of the proposed permit area; and
(iii) State the name of the U.S. geological
			 survey 7.5 minute quadrangle map(s) which contains the area
			 described;
(c) The
			 location where a copy of the application is available for public inspection
			 under paragraph (A)(4) of this rule;
(d) The address of the "Division of Mineral
			 Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229" to
			 which written comments, objections, or requests for informal conferences on the
			 application may be submitted under paragraph (B) of this rule and rule
			 1501:13-14-05
			 of the Administrative Code;
(e) If
			 the application includes a road permit, approved by the road authority, to
			 conduct coal mining operations within one hundred feet of the outside
			 right-of-way of a public road or to relocate or close a public road, a concise
			 statement describing the public road, the particular part to be relocated,
			 where the relocation is to occur, and the approximate timing and duration of
			 the relocation or closing;
(f) If
			 the application includes a request for an experimental practice under rule
			 1501:13-4-12
			 of the Administrative Code, a statement indicating that an experimental
			 practice is requested and identifying the rule of the Administrative Code for
			 which a variance is requested; and
(g) If the application includes a request for
			 restoration off the permit area by means of mitigation pursuant to rule
			 1501:13-13-08
			 of the Administrative Code, a statement indicating that such restoration is
			 requested.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-5 - Review of Permits › Section 1501:13-5-02 - Improvidently issued permits

Current through all regulations passed and filed through July 1, 2024
(A) If the chief has reason to believe that a
			 coal mining and reclamation permit was improvidently issued, the chief shall
			 review the circumstances under which the permit was issued using the criteria
			 in this rule.
(B)
(1)
									 The chief
			 shall make a
			 preliminary finding that a coal mining and reclamation permit was
			 improvidently issued if:
(a)
										 Under the permit eligibility criteria in effect at the
			 time the permit was issued:
(i)
											 The chief should not have issued the permit because of
			 an unabated or uncorrected violation; or
(ii)
											 The permit was
			 issued on the presumption that a violation was in the process of being
			 corrected to the satisfaction of the agency with jurisdiction over the
			 violation; and
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-5 - Review of Permits › Section 1501:13-5-03 - Revocation of exemption for coal extraction incidental to the extraction of other minerals

Current through all regulations passed and filed through July 1, 2024
(A) The chief shall conduct an annual review
			 of compliance with each exemption for coal extraction incidental to the
			 extraction of other minerals approved under rule
			 1501:13-4-16
			 of the Administrative Code. The chief shall utilize the annual report submitted
			 in accordance with paragraph (K) of rule
			 1501:13-4-16
			 of the Administrative Code, information obtained during an on-site inspection,
			 and any other information available to the chief.
(B) If the chief has reason to believe that a
			 specific mining area was not exempt from the requirements of Chapter 1513. of
			 the Revised Code under the provisions of rule
			 1501:13-4-16
			 of the Administrative Code at the end of the previous reporting period, is not
			 exempt, or will be unable to satisfy the exemption criteria at the end of the
			 current reporting period, the chief shall notify the operator that the
			 exemption may be revoked and the reason(s) therefore. The exemption shall be
			 revoked unless the operator demonstrates to the chief within thirty days that
			 the mining area in question should continue to be exempt.
(C)
(1) If
			 the chief finds that an operator has not demonstrated that activities conducted
			 in the mining area qualify for the exemption from the requirements of Chapter
			 1513. of the Revised Code for incidental coal extraction under rule
			 1501:13-4-16
			 of the Administrative Code, the chief shall revoke the exemption and
			 immediately notify the operator by order of the chief. If a decision is made
			 not to revoke an exemption, the chief shall immediately notify the operator.
			 The chief shall also immediately notify any person who submitted written
			 comments in accordance with paragraph (C)(3) of rule
			 1501:13-4-16
			 of the Administrative Code, regarding the request for exemption, of the
			 decision to revoke or not to revoke the exemption.
(2) Any adversely affected person may request
			 administrative review of a decision whether to revoke an exemption within
			 thirty days of the notification of such decision in accordance with section
			 1513.13 of the Revised Code.
(3) A notice of appeal filed under
			 section 1513.13 of the Revised Code
			 shall not suspend the effect of a decision whether to revoke an exemption.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-6 - Small Operator Assistance Program › Section 1501:13-6-03 - Small operator assistance program

Current through all regulations passed and filed through July 1, 2024
(A) General.
(1) The small operator assistance program
			 (S.O.A.P.) governs the procedures for providing financial assistance to
			 qualified small mine operators who request assistance under division (B)(3) of
			 section 1513.07 of the Revised Code for:
(a) The determination of the probable
			 hydrologic consequences of mining and reclamation under division (B)(1)(k) of
			 section 1513.07 of the Revised Code
			 including the engineering analyses and designs necessary for the
			 determination;
(b) The geologic
			 drilling and statement of the results of physical and chemical analyses of test
			 borings or core samples required under division (B)(1)(o) of section
			 1513.07 of the Revised
			 Code;
(c) The development of
			 cross-section maps and plans required under division (B)(1)(n)(i) of section
			 1513.07 of the Revised Code;
(d) The collection of
			 archaeological information required under division (B)(1)(m) of section
			 1513.07 of the Revised Code and
			 any other archaeological and historical information required by the chief, and
			 the preparation of plans necessitated thereby;
(e) Pre-blast surveys required under division
			 (E) of section 1513.161 of the Revised Code;
			 and
(f) The collection of
			 site-specific resource information and production of protection and enhancement
			 plans for fish and wildlife habitats and other environmental values required by
			 the chief under Chapter 1513. of the Revised Code.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-7 - Performance Security › Section 1501:13-7-01 - General requirements for providing performance security for coal mining and reclamation operations

Current through all regulations passed and filed through July 1, 2024
(A) Requirement to file performance security.
(1) After an application for a permit to
			 conduct coal mining and reclamation operations has been approved under these
			 rules, the applicant shall file with the chief performance security in
			 compliance with these rules.
(a) If the
			 applicant provides performance security together with reliance on the
			 reclamation forfeiture fund in accordance with paragraph (C)(2) of this rule,
			 the applicant shall file performance security for:
(i) The number of acres in the entire area to
			 be permitted; or
(ii) The estimated
			 number of acres to be affected in the first permit year in accordance with the
			 requirements of paragraph (A)(6)(a) of this rule.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-7 - Performance Security › Section 1501:13-7-02 - Amount and duration of performance security

Current through all regulations passed and filed through July 1, 2024
(A) Performance security amount for permits
			 for which the applicant or permittee provides performance security together
			 with reliance on the reclamation forfeiture fund in accordance with paragraph
			 (C)(2) of rule
			 1501:13-7-01
			 of the Administrative Code.
(1) The amount of
			 the performance security shall be two thousand five hundred dollars per acre of
			 land on which the permittee will conduct a coal mining and reclamation
			 operation under the initial term of the permit as indicated in the application.
(2) A permittee's responsibility
			 for repairing material damage and replacement of water supplies resulting from
			 subsidence may be satisfied by liability insurance required under Chapter 1513.
			 of the Revised Code if the liability insurance policy contains terms and
			 conditions that specifically provide coverage for repairing material damage and
			 replacement of water supplies resulting from subsidence.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-7 - Performance Security › Section 1501:13-7-03 - Form, conditions, and terms of performance security

Current through all regulations passed and filed through July 1, 2024
(A) Form of the
			 performance security. The performance security to be submitted by the applicant
			 or permittee shall be on forms furnished by the chief. The chief shall allow
			 for:
(1) A surety bond;
(2) A collateral bond;
(3) A trust fund; or
(4) A combination of any of these forms of
			 performance security.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-7 - Performance Security › Section 1501:13-7-05.1 - Procedures, criteria, and schedule for release of performance security for permits not reliant on the reclamation forfeiture fund

Current through all regulations passed and filed through July 1, 2024
This rule applies to a permittee that provides performance
				security without reliance on the reclamation forfeiture fund in accordance with
				paragraph (C)(1) of rule
				1501:13-7-01
				of the Administrative Code.
(A)
			 Procedures for seeking approval of a reclamation phase and release of
			 performance security.
(1) Request for
			 approval of reclamation.
(a) After all
			 reclamation, restoration, and abatement work in a reclamation phase, as defined
			 in paragraph (B)(1) of this rule, is completed on the entire permit area or on
			 an entire incremental mining unit, the permittee, or any person authorized to
			 act on his or her behalf, shall file a request with the chief for approval of
			 that reclamation. A request for approval of a reclamation phase for the entire
			 permit area or for an entire incremental mining unit shall include a request
			 for release of performance security.
(b) After all reclamation, restoration, and
			 abatement work in reclamation phase I or reclamation phase II, as defined by
			 paragraph (B)(1) of this rule, is completed on a designated area within a
			 permit area or incremental mining unit, the permittee may file a request for
			 approval of reclamation phase I or reclamation phase II for that designated
			 area. A request for approval under this paragraph shall not include a request
			 for release of performance security.
(c) A request for approval of reclamation may
			 be filed only at times or during seasons that allow the chief to evaluate
			 properly the reclamation reported to be completed.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-7 - Performance Security › Section 1501:13-7-06 - Performance security forfeiture criteria and procedures

Current through all regulations passed and filed through July 1, 2024
(A) Performance
			 security forfeiture criteria. The chief shall forfeit performance security
			 under the procedures contained in paragraph (C) of this rule whenever any of
			 the following criteria applies:
(1) The
			 permittee failed to comply with a notice of violation issued for failure to
			 complete any phase of reclamation within the time required by the mining and
			 reclamation plan and any time extensions given for good cause; or
(2) The coal mining and reclamation
			 operations on the area under performance security are abandoned; or
(3) The permittee lacks the ability to
			 continue to operate in compliance with the requirements of Chapter 1513. of the
			 Revised Code, these rules, or the permit; or
(4) The permittee defaults on the conditions
			 under which the performance security was accepted.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-7 - Performance Security › Section 1501:13-7-06.1 - Tax credit for reclamation outside an applicant's permit area

Current through all regulations passed and filed through July 1, 2024
(A)
								 Applicability. This rule shall apply to a permittee
			 providing performance security together with reliance on the reclamation
			 forfeiture fund in accordance with paragraph (C)(2) of rule
			 1501:13-7-01
			 of the Administrative Code who wishes to claim a tax credit under section
			 5749.11 of the Revised Code.
			 This rule sets forth the terms and conditions under which the chief may approve
			 an application to perform reclamation pursuant to section
			 1513.171 of the Revised
			 Code.
(B)
								 Identification of potential reclamation
			 projects.
(1)
									
			 The chief shall identify forfeited permits that may be eligible for reclamation
			 under this rule.
(2)
									 The chief may exclude a forfeited permit from
			 eligibility under this rule due to the status of existing mining plans, pending
			 abandoned mined lands contracts, or other issues related to reclamation
			 planning.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-7 - Performance Security › Section 1501:13-7-07 - Liability insurance

Current through all regulations passed and filed through July 1, 2024
(A) An application for a permit shall contain
			 a certificate issued by an insurance company authorized to do business in this
			 state certifying that the applicant has a public liability insurance policy in
			 force for those coal mining and reclamation operations for which the permit is
			 sought, or a notarized certification acknowledging that
			 a current proof of liability insurance and rider required by paragraph (B)(3)
			 of this rule is part of the central file for identity information authorized by
			 paragraph (J) of rule
			 1501:13-4-03
			 of the Administrative Code, or evidence that the applicant has satisfied
			 other state self-insurance requirements or, for reclamation operations,
			 evidence that an agent performing reclamation for the applicant has a public
			 liability insurance policy.
(B) The
			 public liability insurance policy shall:
(1)
			 Be in effect during the term of the permit or any renewal, including the length
			 of all reclamation operations;
(2)
			 Provide for personal injury and property damage protection in amounts adequate
			 to compensate any persons injured or property damaged as a result of coal
			 mining and reclamation operations, including the use of explosives. The minimum
			 insurance coverage for bodily injury and property damage shall be three hundred
			 thousand dollars for each occurrence and five hundred thousand dollars in the
			 aggregate; and
(3) Include a rider
			 requiring that the insurer notify the chief whenever substantive changes are
			 made in the policy, including any termination or failure to renew.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-7 - Performance Security › Section 1501:13-7-08 - Reclamation phase approval conference and performance security release conference

Current through all regulations passed and filed through July 1, 2024
(A) Procedure for requesting a reclamation
			 phase approval conference or a performance security release conference.
(1) The following persons may request a
			 reclamation phase approval conference or a performance security release
			 conference:
(a) A person with a valid legal
			 interest which may be adversely affected by approval of a reclamation phase or
			 release of performance security, pursuant to rule
			 1501:13-7-05
			 or 1501:13-7-05.1 of the Administrative Code; or
(b) The responsible officer or head of any
			 federal, state or local government agency that:
(i) Has jurisdiction by law or special
			 expertise with respect to any environmental, social, or economic impact
			 involved in the operation; or
(ii)
			 Is authorized to develop and enforce environmental standards with respect to
			 the operation.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-8 - Coal Exploration › Section 1501:13-8-01 - Coal exploration; performance standards

Current through all regulations passed and filed through July 1, 2024
This rule shall apply only to coal exploration operations that
				substantially disturb the natural land surface.
(A) Habitats of unique or unusually high
			 value for fish, wildlife, and other related environmental values, including
			 critical habitats of threatened species and critical habitats of species
			 protected by state or federal law, shall not be disturbed during coal
			 exploration operations.
(B) All
			 roads shall comply with the applicable provisions of rule
			 1501:13-10-01
			 of the Administrative Code.
(C) If
			 excavations, artificially flat areas, or embankments are created during coal
			 exploration operations, these areas shall be returned to the approximate
			 original contour promptly after such features are no longer needed for coal
			 exploration operations.
(D) Topsoil
			 shall be removed, stored, and redistributed on disturbed areas as necessary to
			 assure successful revegetation.
(E)
			 All disturbed areas shall be revegetated in a manner that encourages prompt
			 revegetation and recovery of a diverse, effective, and permanent vegetative
			 cover. Revegetation shall be accomplished in accordance with the following:
(1) All disturbed lands shall be seeded or
			 planted to the same seasonal variety native to the disturbed area. If the land
			 use of the explored area is intensive agriculture, planting of crops normally
			 grown will meet the requirements of this paragraph; and
(2) The vegetative cover shall be capable of
			 stabilizing the soil surface from erosion.
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 1501:13-9-01 - Signs and markers

Current through all regulations passed and filed through July 1, 2024
(A) All signs and markers required to be
			 posted shall be of uniform design throughout the operation, easily visible, and
			 shall be made of durable material. The signs and markers shall be maintained
			 during all operations to which they pertain and shall conform to local
			 ordinances and codes.
(B) Signs
			 identifying the mine area shall be displayed at all points of access to the
			 permit area from public roads. Signs shall clearly show the name, business
			 address, and telephone number of the permittee and the permit number issued by
			 the division of mineral resources management. Such signs shall not be removed
			 until after release of all performance security.
(C) An applicant shall define the perimeter
			 of the proposed permit area by means of clearly visible markers prior to filing
			 an application for a permit. Such markers shall substantially comply with the
			 following:
(1) Markers shall include fence posts, trees,
			 engineering lath or stakes;
(2)
									The proposed
			 permit boundary shall be 
			 marked either with six inches of orange
			 paint or  with an orange plastic flag, approximately
			 three feet above the ground;
(3)
			 Each marker shall be firmly placed with at least three feet extending above
			 ground;
(4) Markers shall be located so that they
			 clearly define the limits of the proposed permit area and so that when a person
			 is standing at any marker on the proposed permit boundary, the adjacent markers
			 in either direction are visible;
(5) All
			 perimeter markers shall be maintained with reasonable diligence in place until
			 final grading is approved; and
(6)
			 This rule does not apply to that portion of any perimeter which overlaps or is
			 contiguous to an area currently permitted to the same operator.
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 1501:13-9-02 - Casing and sealing of drilled holes

Current through all regulations passed and filed through July 1, 2024
(A) General requirements. Each exploration
			 hole, other drill or borehole, shaft, well, or other exposed mine opening shall
			 be cased, sealed, or otherwise managed, as approved by the chief, to prevent acid or other toxic drainage from
			 entering ground or surface waters, to minimize disturbance to the prevailing
			 hydrologic balance, and to ensure the safety of people, livestock, fish and
			 wildlife, and machinery in the permit and adjacent areas. If these openings are
			 uncovered or exposed by coal mining activities within the permit area, they shall be permanently closed, unless approved
			 for water monitoring, or otherwise managed in a manner approved by the chief.
			 Use of a drilled and cased hole or borehole or monitoring well as a
			  water well must meet the provisions of
			 rule
			 1501:13-9-04
			 of the Administrative Code. This rule does not apply to holes solely drilled
			 and used for blasting.
(B)
			 Temporary sealing of drilled holes.
(1) For
			 all coal mining operations, each exploration hole, other drill or boreholes,
			 wells, and other exposed openings which have been identified in the approved
			 permit application for use to return coal processing waste or water to
			 underground workings, or to be used to monitor ground water conditions, shall
			 be temporarily sealed before use and protected during use by barricades,
			 fences, or other protective devices approved by the chief. These devices shall
			 be periodically inspected and maintained in good operating condition by the
			 person who conducts the coal mining activities.
(2) For underground mining operations only,
			 each mine entry which is temporarily inactive, but has a further projected
			 useful service under the approved permit application, shall be protected by
			 barricades or other covering devices, fenced, and posted with signs, to prevent
			 access into the entry and to identify the hazardous nature of the opening.
			 These devices shall be periodically inspected and maintained in good condition
			 by the person who conducts the underground mining activities.
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 1501:13-9-04 - Protection of the hydrologic system

Current through all regulations passed and filed through July 1, 2024
(A) General. Mining shall be planned and
			 conducted to minimize disturbance to the prevailing hydrologic balance in both
			 the permit and adjacent areas, to prevent material damage to the hydrologic
			 balance outside the permit area, to assure the protection or replacement of
			 water rights, and to support approved postmining land uses in accordance with
			 the terms and conditions of the approved permit and the requirements of mining
			 and reclamation rules. The chief may require additional preventive, remedial,
			 or monitoring measures to assure that material damage to the hydrologic balance
			 outside the permit area is prevented. Mining and reclamation practices that
			 minimize water pollution and changes in flow shall be used in preference to
			 water treatment.
(B) Water quality
			 standards and effluent limitations.
(1) All
			 surface drainage from the disturbed area, including disturbed areas that have
			 been graded, seeded, or planted, shall be passed through a sedimentation pond
			 or a series of sedimentation ponds before leaving the permit area until
			 vegetation is established, at which time vegetation of the area may be the best
			 technology currently available, provided that drainage from the area:
(a) Meets effluent limitations; and
(b) Does not contribute suspended solids to
			 streamflow.
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 1501:13-9-05 - Coal recovery

Current through all regulations passed and filed through July 1, 2024
Coal mining operations shall be conducted so as to maximize the
				utilization and conservation of the coal, while utilizing the best appropriate
				technology currently available to maintain environmental integrity, so that
				reaffecting the land in future coal mining operations is minimized.
Five Year Review (FYR) Dates:
				11/02/2015 and
				11/02/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 1513.02
Rule
				Amplifies: 1513.16
Prior
				Effective Dates: 8/16/82 (Emer.),
				10/27/82
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 1501:13-9-06 - Use of explosives in coal mining and coal exploration operations

Current through all regulations passed and filed through July 1, 2024
(A) General.
(1) The provisions of this rule shall apply
			 to all surface blasting operations, including
			 surface blasting operations incident to underground mining, on all coal mining
			 and reclamation operations and on coal exploration operations.
			 For box or contour cuts associated with development of
			 underground mine entries, this rule shall apply to all material above the coal
			 seam to be mined. For vertical shafts and drift or slope entries associated
			 with underground mining, this rule shall apply only to the first twenty-five
			 feet of material excavated below or beyond the original ground surface or point
			 of entry. Where the provisions of this rule are in conflict with the
			 conditions described in a permittee's previously approved blasting plan, the
			 provisions of this rule shall apply.
(2) Blasting operations shall be conducted in
			 accordance with all applicable state and federal laws and
			 regulations.
(3) For purposes of
			 this rule, "certified blaster" shall mean a blaster who possesses a valid
			 certificate obtained pursuant to rule
			 1501:13-9-10
			 of the Administrative Code and "certified mine foreperson" shall mean a mine
			 foreperson who has a valid certification pursuant to Chapter 1561. of the
			 Revised Code.
(4) Blasting
			 operations shall be conducted only under the supervision of a certified
			 blaster. A certified blaster and at least one other person shall be physically
			 present at the detonation of a blast. Only a certified blaster, or a member of
			 the blasting crew under the direct supervision of the certified blaster, may
			 detonate a blast. Any certified blaster who is responsible for conducting
			 blasting operations at a blasting site shall give direction and on-the-job
			 training to persons who are not certified and who are assigned to the blasting
			 crew or assist in the use of explosives.
(5)
			 Certified blasters, and other persons responsible for blasting operations at a
			 blasting site, shall review and know the permittee's blasting plan and
			 site-specific blasting limitations. The permittee shall keep a copy of the
			 blasting plan and the permit map at the permit site or at the mine office
			 closest to the permit site for use by employees, contract blasters, and any
			 other persons responsible for blasting operations.
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 1501:13-9-07 - Disposal of excess spoil

Current through all regulations passed and filed through July 1, 2024
(A) The objective of this rule is to ensure
			 mass stability and protection from erosion and minimize the adverse effects of
			 leachate and surface water runoff from the fill on surface and ground waters,
			 using current, recognized engineering standards and practices as evaluated and
			 approved by the chief.
(B) Design
			 certification. The fill and appurtenant structures shall be designed using
			 current, prudent engineering practices and shall meet the design criteria
			 established in this rule. An engineer experienced in the design of earth and
			 rock fills shall certify the design of the fill and appurtenant
			 structures.
(C) Location. If placed
			 on a slope, the spoil is placed upon the most moderate slope among those upon
			 which, in the judgment of the chief, the spoil could be placed in compliance
			 with the requirements of Chapter 1513. of the Revised Code and these rules, and
			 shall be placed, where possible, upon, or above, a natural terrace, bench, or
			 berm, if such placement provides additional stability and prevents mass
			 movement.
(D) Foundation.
(1) The foundation and abutments of the fill
			 must be stable under all conditions of construction.
(2) Sufficient foundation investigations, as
			 well as any necessary laboratory testing of foundation material, as deemed
			 needed by the certifying engineer, shall be performed in order to determine the
			 design requirements for foundation stability. The analyses of foundation
			 conditions shall take into consideration the effect of underground mine
			 workings, if any, upon the stability of the fill and appurtenant structures.
			 The chief may require additional foundation investigations and laboratory
			 testing.
(3) Where the slope along
			 the profile in the disposal area is in excess of 2.8 h:1v, keyway cuts or rock
			 toe buttresses shall be constructed to ensure stability of the fill. Where the
			 toe of the spoil rests on a downslope in excess of 2.8 h:1v, stability analyses
			 shall be performed in accordance with paragraph (N)(3) of rule
			 1501:13-4-05
			 or paragraph (P)(3) of rule
			 1501:13-4-14
			 of the Administrative Code to determine the size of rock toe buttresses and
			 keyway cuts.
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 1501:13-9-08 - Protection of underground mining

Current through all regulations passed and filed through July 1, 2024
(A) General requirements
			 for surface mining operations. No surface mining
			 operations shall be conducted closer than five hundred feet to any point of
			 either an active or abandoned underground mine in order to prevent
			 breakthroughs and to protect the health or safety of miners, except to the
			 extent that:
(1) The nature, timing, and
			 sequence of the operations that propose to mine closer than
			 five
			 hundred feet to an active underground mine are jointly approved by the
			 chief and MSHA; and
(2) The
			 operations result in improved resource recovery, abatement of water pollution,
			 or elimination of hazards to the health and safety of the public.
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 1501:13-9-09 - Disposal of coal mine wastes and noncoal mine wastes

Current through all regulations passed and filed through July 1, 2024
(A) Coal mine
			 waste. General requirements.
(1) General. All
			 coal mine waste shall be placed in new or existing disposal areas within a
			 permit area, which are approved by the chief for this purpose. Coal mine waste
			 shall be placed in a controlled manner to:
(a) Minimize adverse effects of leachate and
			 surface-water runoff on surface and ground water quality and quantity;
(b) Ensure mass stability and
			 prevent mass movement during and after construction;
(c) Ensure that the final disposal facility
			 is suitable for reclamation and revegetation compatible with the natural
			 surroundings and the approved postmining land use;
(d) Not create a public hazard; and
(e) Prevent combustion.
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 1501:13-9-10 - Training, examination, and certification of blasters

Current through all regulations passed and filed through July 1, 2024
(A) General.
(1) All surface blasting operations in coal
			 and industrial minerals mines, including surface blasting operations incident
			 to underground mining and blasting operations on coal exploration operations,
			 shall be conducted by a certified blaster who has obtained certification
			 pursuant to the requirements of this rule.
(2) The chief may enter into agreements with
			 other state agencies, boards, or institutions to administer any or all of the
			 training, examination, and certification requirements of this rule. However,
			 the final authority to accept or reject applicants for certification or
			 recertification and the final authority to suspend or revoke a blaster's
			 certification shall remain with the chief.
(3) The chief may grant reciprocity to any
			 blaster who holds a valid certification or
			 license issued under any state or federal blaster certification
			 or license program approved by the U.S.
			 department of the interior's office of surface
			 mining reclamation and enforcement. However, to
			 obtain certification under this rule, the blaster must apply for and pass an
			 examination on Ohio blasting regulations pertaining to coal and industrial
			 minerals mines, and meet any other requirement deemed necessary by the
			 chief.
(4)
									
			 The chief may issue a limited type of certification to blasters who conduct
			 small-scale blasting on industrial minerals mining permits issued under Chapter
			 1514. of the Revised Code, but only when the blasting operations meet all of
			 the following conditions:
(a)
										The primary purpose is to split natural stone deposits
			 into rectangular blocks,or "dimension stone," for use in buildings, landscaping
			 projects, break walls, or similar purposes;
(b)
										Detonating cord
			 is the primary explosive charge in all blastholes; small-diameter cartridges,
			 if used, occupy no more than twenty per cent of the blasthole
			 length;
(c)
										The blastholes do not exceed three inches in diameter,
			 are spaced no greater than thirty-six inches apart in a single row for each
			 fracture plane desired, and are connected on the surface with detonating cord
			 and no delays between the holes; and
(d)
										The weight of
			 explosives per hole does not exceed five pounds, and the total weight of
			 explosives per blast does not exceed two hundred pounds.
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 1501:13-9-11 - Protection of fish, wildlife, and related environmental values

Current through all regulations passed and filed through July 1, 2024
(A) Any person
			 conducting coal mining operations shall, to the extent possible using the best
			 technology currently available, minimize disturbances and adverse impacts on
			 fish, wildlife and related environmental values, and achieve enhancement of
			 such resources where practicable.
(B)
(1) No
			 coal mining operation shall be conducted which:
(a) Is likely to jeopardize the continued
			 existence of endangered or threatened species listed by the United States
			 secretary of the interior;
(b) Is
			 likely to result in the destruction or adverse modification of designated
			 critical habitats of such species in violation of the Endangered Species Act of
			 1973, as amended (
			 16
			 U.S.C. 1531 et seq.); or
(c) Will result in the unlawful taking of a
			 bald or golden eagle, its nest, or any of its eggs.
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 1501:13-9-12 - Slides and other damage

Current through all regulations passed and filed through July 1, 2024
(A) An undisturbed natural barrier shall be
			 provided beginning at the elevation of the lowest coal seam to be mined and
			 extending from the outslope for such distance as may be determined by the chief
			 as is needed to assure stability. The barrier shall be retained as a barrier to
			 slides and erosion. Where the chief determines that this natural barrier will
			 cause environmental problems, he shall require alternative measures to be
			 taken.
(B) If at any time a slide
			 occurs which may have a potential adverse effect on public property, health,
			 safety, or the environment, the person who conducts the coal mining operation
			 shall notify the chief by the fastest available means and comply with any
			 remedial measures required by the chief.
Effective: 1/17/2016
Five Year
				Review (FYR) Dates: 11/02/2015 and
				01/16/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 1513.02
Rule
				Amplifies: 1513.16
Prior
				Effective Dates: 8/16/82 (Emer.), 10/27/82,
				6/30/83