Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-3 - Prohibited or Limited Areas for Mining › Section 1501:13-3-01 - Standards for demonstration of valid existing rights

Current through all regulations passed and filed through July 1, 2024
(A) Except as
			 provided in paragraph (B) of this rule, a person claiming valid existing rights
			 must demonstrate both of the following:
(1) A
			 property rights demonstration showing that, at the time the land came under the
			 protection of division (D) of section
			 1513.073 of the Revised Code or
			 rule
			 1501:13-3-03
			 of the Administrative Code, a legally binding conveyance, lease, deed,
			 contract, or other document vests that person, or a predecessor in interest,
			 with the right to conduct the type of coal mining operations intended;
			 and
(2) Compliance with one of the
			 following standards:
(a) Good faith/all
			 permits standard. All permits and other authorizations required to conduct coal
			 mining operations had been obtained, or a good faith effort to obtain all
			 necessary permits and authorizations had been made, before the land came under
			 the protection of division (D) of section
			 1513.073 of the Revised Code or
			 rule
			 1501:13-3-03
			 of the Administrative Code. At a minimum, an application must have been
			 submitted for any permit required under Chapter 1513. of the Revised Code;
			 or
(b) Needed for and adjacent
			 standard. The land is needed for and immediately adjacent to a coal mining
			 operation for which all permits and other authorizations required to conduct
			 coal mining operations had been obtained, or a good faith attempt to obtain all
			 permits and authorizations had been made, before the land came under the
			 protection of division (D) of section
			 1513.073 of the Revised Code or
			 rule
			 1501:13-3-03
			 of the Administrative Code. To meet this standard, the person claiming valid
			 existing rights shall demonstrate that prohibiting expansion of the operation
			 onto that land would unfairly impact the viability of the operation as
			 originally planned before the land came under the protection of division (D) of
			 section 1513.073 of the Revised Code or
			 rule
			 1501:13-3-03
			 of the Administrative Code. Except for operations in existence before August 3,
			 1977, or for which a good faith effort to obtain all necessary permits had been
			 made before August 3, 1977, this standard does not apply to lands already under
			 the protection of division (D) of section
			 1513.073 of the Revised Code or
			 rule
			 1501:13-3-03
			 of the Administrative Code when the chief approved the permit for the original
			 operation or when the good faith effort to obtain all necessary permits for the
			 original operation was made. In evaluating whether a person meets this
			 standard, the chief may consider factors such as:
(i) The extent to which coal supply contracts
			 or other legal and business commitments that predate the time the land came
			 under the protection of division (D) of section
			 1513.073 of the Revised Code or
			 rule
			 1501:13-3-03
			 of the Administrative Code depend upon use of that land for coal mining
			 operations;
(ii) The extent to
			 which plans used to obtain financing for the operation before the land came
			 under the protection of division (D) of section
			 1513.073 of the Revised Code or
			 rule
			 1501:13-3-03
			 of the Administrative Code rely upon use of that land for coal mining
			 operations;
(iii) The extent to
			 which investments in the operation before the land came under the protection of
			 division (D) of section
			 1513.073 of the Revised Code or
			 rule
			 1501:13-3-03
			 of the Administrative Code rely upon use of that land for coal mining
			 operations; and
(iv) Whether the
			 land lies within the area identified on the life-of-mine map submitted under
			 paragraph (A)(29) of rule 1501:13-4-08 or paragraph (A)(22) of
			 rule 1501:13-4- 08.1 of the Administrative Code before the
			 land came under the protection of division (D) of section
			 1513.073 of the Revised Code or
			 rule
			 1501:13-3-03
			 of the Administrative Code.