Ohio Administrative Code|Rule 1501:13-12-03 | Subsidence control.

                                                
(A) The permittee shall
		  either:
(1) Adopt measures
			 consistent with known technology which prevent subsidence from causing material
			 damage to the extent technologically and economically feasible, maximize mine
			 stability, and maintain the value and reasonably foreseeable use of surface
			 lands; or
(2) Adopt mining
			 technology which provides for planned subsidence in a predictable and
			 controlled manner. Nothing in this part shall be construed to prohibit the
			 standard method of room-and-pillar mining.
(B) The permittee and the operator shall
		  comply with all provisions of the approved subsidence-control plan prepared
		  pursuant to paragraph (M) of rule 1501:13-4-14 of the Administrative
		  Code.
(C) The chief or his or her authorized
		  representative shall notify the permittee of any material damage to structures
		  or surface land, or of any failure to maintain the value or reasonably
		  foreseeable use of surface lands. Except where such damage or failure may be a
		  part of a set of circumstances which constitute a violation (for example,
		  material damage which results from a failure to adopt measures consistent with
		  known technology which prevent subsidence from causing material damage),
		  notification shall be by letter or inspection report and shall not be deemed a
		  notice of violation. Such notification shall not be subject to formal review by
		  the chief, the reclamation commission, or the courts unless and until it serves
		  as the basis for issuance of a notice of violation or chief's
		  order.
(D) The underground mine permittee shall
		  correct any material damage caused to surface lands, to the extent
		  technologically and economically feasible, by restoring the land surface to a
		  condition capable of maintaining the value and reasonably foreseeable uses
		  which it was capable of supporting before subsidence.
(E) Any agreement between the permittee
		  and a surface owner which addresses the repair of or the compensation for
		  damage to the surface owner's structures shall take precedence over the
		  provisions of this rule and the provisions of this rule shall not apply to any
		  damage to such structures.
(F) If the permittee and the owner of
		  structures have no agreement for repair and compensation, the permittee shall
		  promptly repair, or compensate the owner for, material damage resulting from
		  subsidence caused to any non-commercial building or occupied residential
		  dwelling and structures related thereto that existed at the time of mining. If
		  the repair option is selected, the permittee shall fully rehabilitate, restore
		  or replace the damaged structure. If compensation is selected, the permittee
		  shall compensate the owner of the damaged structure for the full amount of the
		  diminution in value resulting from the subsidence-related damage. The permittee
		  may provide compensation by the purchase, prior to mining, of a non-cancelable
		  premium-prepaid insurance policy for the structures in addition to that
		  required by rule 1501:13-7-07 of the Administrative Code. Structures or
		  facilities not listed in paragraphs (J)(1) to (J)(3) of this rule shall be
		  exempted from the requirements of this paragraph if the permittee or operator
		  submits to the chief copies of documents showing clearly and convincingly that,
		  and the chief determines that, the owner of the structure or facility is the
		  permittee or operator.
(G) If and when subsidence occurs which
		  causes material damage to structures listed in paragraphs (J)(1) to (J)(3) of
		  this rule, or to surface lands, or reduces the foreseeable use or value of
		  surface lands, the underground permittee shall submit to the chief within
		  thirty days after the damage occurs:
(1) Site specific plans
			 for the repair or mitigation of the damage, including a time schedule for
			 performance of the remedial actions;
(2) A request for more
			 time to prepare such plans; or
(3) Written notification
			 that the permittee feels that repair or restoration measures are not
			 technologically feasible. If repair or restoration measures are not desired by
			 the owner of a structure or if repair or restoration measures are not
			 technologically feasible, describe other mitigatory measures to be taken as
			 provided for in this rule.
(H) If and when subsidence causes
		  material damage to any non-commercial building or occupied residential dwelling
		  and structures related thereto that existed at the time of mining, and if the
		  permittee has not reached an agreement with the owner of the
		  structure:
(1) The underground
			 permittee or operator shall submit to the chief within thirty days after
			 receipt of the notice provided under paragraph (C) of this rule:
(a) Site specific plans
				for the repair of or compensation for the damage, including a time schedule for
				repair or compensation; or
(b) A request for more
				time to prepare such plans;
(2) The permittee or
			 operator shall fully perform the obligations specified in any plan submitted in
			 accordance with paragraph (H)(1) of this rule within the time period stated in
			 the plan, provided that the surface owner does not prevent the permittee or
			 operator from performing his or her obligations under the plan;
			 and
(3) If the surface owner
			 prevents the implementation of the permittee's or operator's plan for
			 repair or compensation, then the chief shall take no further action and the
			 surface owner may pursue whatever private rights of action may be available to
			 the surface owner.
(I) All remedial, restoration, and
		  mitigatory actions required under this rule shall be performed as soon as
		  practicable.
(J) Unless the subsidence control plan
		  demonstrates that subsidence will not cause material damage or reduce the
		  reasonably foreseeable use of such features or facilities, underground mining
		  activities shall not be conducted beneath or adjacent to:
(1) Public buildings and
			 facilities;
(2) Churches, schools,
			 and hospitals; or
(3) Impoundments with a
			 storage capacity of twenty acre feet or more, or bodies of water with a volume
			 of twenty acre feet or more.
(K) If the chief determines that it is
		  necessary in order to minimize the potential for material damage to the
		  features or facilities described in paragraphs (J)(1) to (J)(3) of this rule or
		  to any aquifer or body of water that serves as a significant water source for
		  any public water supply system and to protect the public health and safety, he
		  or she may limit the percentage of coal extraction under or adjacent to such
		  features or facilities.
(L) If subsidence causes or does material
		  damage to any of the features or facilities covered by paragraphs (J)(1) to
		  (J)(3) of this rule, the chief may suspend mining under or adjacent to such
		  features or facilities until the subsidence control plan is modified to ensure
		  prevention of material damage to such features or facilities.
(M) The chief shall suspend underground
		  coal mining operations under urbanized areas, cities, towns, and communities,
		  and adjacent to industrial or commercial buildings, major impoundments, or
		  perennial streams, if imminent danger is found to inhabitants of the urbanized
		  areas, cities, towns, or communities.
(N) Within a schedule approved by the
		  chief, the permittee shall submit a detailed plan of the underground workings.
		  The detailed plan shall include maps and descriptions, as appropriate, of
		  significant features of the underground mine, including pillar and entry size,
		  configuration, and approximate locations; extraction ratios; measures taken to
		  prevent or minimize subsidence and related damage; areas of full extraction;
		  and other information required by the chief. Upon request of the permittee,
		  information submitted with the detailed plan may be held as confidential. As a
		  means of complying with the requirements of this paragraph, the permittee may
		  submit a copy of the mine map submitted to the division of mineral resources
		  management pursuant to section 1563.04 of the Revised Code supplemented with
		  any items needed to meet all the requirements of this paragraph.
(O) Surface owner notification. The
		  permittee shall mail written notice to owners and occupants of surface property
		  or structures, including wells and buried oil, gas, or utility lines, of the
		  intention of the permittee to mine under such property or structures.
		  Notification shall be mailed at least six months before the mining is to occur
		  or, if a lesser period is approved by the chief, may be mailed less than six
		  months before mining is to occur. The notice shall contain:
(1) Identification of
			 specific areas in which mining will take place;
(2) Approximate dates
			 that specific areas will be undermined;
(3) The location or
			 locations where the subsidence control plan of the permittee may be examined;
			 and
(4) A statement of the
			 permittee's intent to conduct a pre-subsidence survey of all structures,
			 buildings, features and facilities protected under this rule to determine their
			 condition prior to mining, including information on when the survey will be
			 conducted and the area the survey will include. The permittee shall prepare a
			 written report of the survey and provide a copy to the owner or resident of the
			 property which is the subject of the survey and retain a copy for inspection by
			 the chief.


Last updated November 30, 2021 at 2:29 PM