Ohio Administrative Code|Rule 1501:13-4-14 | Underground mining permit application requirements for reclamation and operations plans.

                                                
(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.
(B) Operation plan: existing
		  structures.
(1) Each application
			 shall contain a description of each existing structure proposed to be used in
			 connection with or to facilitate the coal mining and reclamation operation. The
			 description shall include:
(a) Location;
(b) Plans of the structure which describe its current
				condition;
(c) Approximate dates on which construction of the existing
				structure was begun and completed; and
(d) A showing, including relevant monitoring data or other
				evidence, of whether the structure meets the performance standards of rules
				1501:13-8-01 to 1501:13-13-07 of the Administrative Code.
(2) Each application
			 shall contain a compliance plan for each existing structure proposed to be
			 modified or reconstructed for use in connection with or to facilitate the coal
			 mining and reclamation operation. The compliance plan shall
			 include:
(a) Design specifications for the modification or reconstruction
				of the structure to meet the design and performance standards of rules
				1501:13-8-01 to 1501:13-13-07 of the Administrative Code;
(b) A construction schedule which shows dates for beginning and
				completing interim steps and final reconstruction;
(c) Provisions for monitoring the structure during and after
				modification or reconstruction to ensure that the performance standards of
				rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code are met;
				and
(d) A showing that the risk of harm to the environment or to
				public health or safety is not significant during the period of modification or
				reconstruction.
(C) Operation plan: blasting. If surface
		  blasting incident to the underground mine operation is to be conducted, the
		  application shall contain a blasting plan for the proposed permit area,
		  explaining how the applicant intends to comply with the blasting requirements
		  of rule 1501:13-9-06 of the Administrative Code and including the
		  following:
(1) Information setting
			 forth the limitations the operator will meet with regard to ground vibration
			 and airblast, the bases for those limitations, and the methods to be applied in
			 controlling the adverse effects of blasting operations;
(2) Description of any
			 system to be used to monitor compliance with the airblast and ground vibration
			 limits established under paragraph (C)(1) of this rule, including the type,
			 capability, and sensitivity of any blast-monitoring equipment and proposed
			 procedures and locations of monitoring; and
(3) For blasting
			 operations within five hundred feet of active underground mines, copies of the
			 approvals given by the state and federal authorities concerned with the health
			 and safety of underground miners.
(D) Reclamation plan: general
		  requirements.
(1) Each application
			 shall contain a plan for describing reclamation of the lands within the
			 proposed permit area, showing how the applicant will comply with the
			 requirements of Chapter 1513. of the Revised Code and rules adopted thereunder.
			 The plan shall include, at a minimum, all information required under paragraphs
			 (D) to (R) of this rule.
(2) Each plan shall
			 contain, where appropriate, the following information for the proposed permit
			 area:
(a) A detailed timetable for the completion of each major step in
				the reclamation plan;
(b) A plan for the backfilling, soil stabilization, compacting,
				and grading, with contour maps or cross sections that show the anticipated
				final surface configuration of the proposed permit area, in accordance with
				rule 1501:13-9-14 of the Administrative Code;
(c) A description of the removal, storage, and redistribution of
				the topsoil, subsoil, and other material to meet the requirements of rule
				1501:13-9-03 of the Administrative Code. A demonstration of the suitability of
				topsoil substitutes or supplements under rule 1501:13-9-03 of the
				Administrative Code shall be based upon analysis of the thickness of soil
				horizons, total depth, texture, per cent coarse fragments, pH, and areal extent
				of the different kinds of soils. The chief may require other chemical and
				physical analyses, field-site trials, or greenhouse tests if determined to be
				necessary or desirable to demonstrate the suitability of the topsoil
				substitutes or supplements;
(d) A description of the revegetation as required in rule
				1501:13-9-15 of the Administrative Code, including, but not limited to,
				descriptions of the:
(i) Schedule of
				  revegetation;
(ii) Species and amounts
				  per acre of seeds and seedlings to be used;
(iii) Methods to be used
				  in planting and seeding;
(iv) Mulching
				  techniques;
(v) A soil testing plan
				  for evaluation of the results of topsoil handling and reclamation procedures
				  related to revegetation;
(vi) Irrigation, if
				  appropriate, and disease, pest and vermin control, if any; and
(vii) The measures
				  proposed to be used to determine the success of revegetation as required under
				  rule 1501:13-9-15 of the Administrative Code;
(e) A description of the measures to be used to maximize the use
				and conservation of the coal resources as required by rule 1501:13-9-05 of the
				Administrative Code;
(f) A description of measures to be employed to ensure that all
				debris, acid-forming and toxic-forming materials and materials constituting a
				fire hazard are disposed of in accordance with paragraph (E) of rule
				1501:13-9-09 and paragraph (J) of rule 1501:13-9-14 of the Administrative Code
				and a description of the contingency plans which have been developed to
				preclude sustained combustion of such materials;
(g) A description, including appropriate cross sections and maps,
				of the measures to be used to seal or manage mine openings and to plug, case or
				manage exploration holes, other bore holes, wells, and other openings within
				the proposed permit area, in accordance with rule 1501:13-9-02 of the
				Administrative Code; and
(h) A description of steps to be taken to comply with the
				requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act
				(33 U.S.C. 1251 et seq.) and other applicable air and water quality laws and
				regulations and health and safety standards.
(E) Reclamation plan: protection of
		  hydrologic balance.
(1) Each application
			 shall contain a plan for the protection of the hydrologic balance. The plan
			 shall be specific to the local hydrologic conditions and shall describe the
			 measures to be taken during and after the proposed underground mining
			 operations in accordance with rule 1501:13-9-04 of the Administrative Code
			 to:
(a) Minimize disturbance to the hydrologic balance within the
				permit and adjacent areas and to prevent material damage outside the permit
				area;
(b) Protect the rights of present users of surface and ground
				waters within the permit area and adjacent areas;
(c) Avoid acid or toxic drainage;
(d) Control surface-water drainage into, through, and out of the
				proposed permit area, pursuant to rule 1501:13-9-04 of the Administrative
				Code;
(e) Treat, when required under these rules, surface- and
				ground-water drainage from the area to be disturbed by the proposed underground
				mining surface operations, so as not to exceed quantitative limits on
				pollutants in discharges under paragraph (B) of rule 1501:13-9-04 of the
				Administrative Code;
(f) Prevent, to the extent possible using the best technology
				currently available, additional contributions of suspended solids to
				streamflow, or runoff outside the permit area. Vegetation may be determined by
				the chief to be the best technology currently available upon a demonstration by
				the permittee that the requirements of paragraphs (B)(1) to (B)(1)(b) of rule
				1501:13-9-04 of the Administrative Code have been met. If the applicant
				proposes to make such a demonstration after vegetation is established and
				remove siltation structures sooner than two years after the last augmented
				seeding of a drainage area, the applicant shall state such intentions in the
				timetable and plans for removal of sediment control structures required by
				paragraph (H)(1)(b)(iv) or (H)(1)(c)(iv) of this rule;
(g) Address any potential adverse hydrologic consequences
				identified in the determination of probable hydrologic consequences under
				paragraph (E)(2) of this rule and include preventative and remedial measures;
				and
(h) Meet applicable federal and state water quality laws and
				regulations.
(2) Determination of
			 probable hydrologic consequences (PHC).
(a) The plan shall include a determination of the probable
				hydrologic consequences of the proposed underground mining operations on the
				proposed permit area and adjacent areas. This determination shall be based on
				baseline hydrologic, geologic and other information collected for the permit
				application with respect to the hydrologic regime, providing information on the
				quantity and quality of water in surface- and ground-water systems under
				seasonal conditions, including the contents of dissolved and total suspended
				solids, total iron, pH, and total manganese.
(b) The PHC determination shall include findings on:
(i) Whether adverse
				  impacts may occur to the hydrologic balance;
(ii) Whether acid-forming
				  or toxic-forming materials are present that could result in the contamination
				  of surface- or ground-water supplies;
(iii) Whether the
				  proposed operation may proximately result in contamination, diminution or
				  interruption of an underground or surface source of water within the proposed
				  permit or adjacent areas which is used for domestic, agricultural, industrial,
				  or other legitimate purpose; and
(iv) What impact the
				  proposed operation will have on:
(a) Sediment yield from
					 the disturbed area;
(b) Acidity, total
					 suspended and dissolved solids, and other important water quality parameters of
					 local impact;
(c) Flooding or
					 streamflow alteration;
(d) Ground-water and
					 surface-water availability; and
(e) Other characteristics
					 as required by the chief.
(c) An application for a permit revision shall be reviewed by the
				chief to determine whether a new or updated PHC determination shall be
				required.
(3) Each plan shall
			 contain a detailed description, with appropriate drawings, of permanent entry
			 seals and downslope barriers designed to ensure stability under anticipated
			 hydraulic heads developed while promoting mine inundation after mine closure
			 for the proposed permit area.
(F) Ground-water and surface-water
		  monitoring plans.
(1) Ground-water
			 monitoring plan.
(a) The application shall include a ground-water monitoring plan
				based upon the PHC determination required under paragraph (E)(2) of this rule
				and the analysis of all baseline hydrologic, geologic and other information in
				the permit application. The plan shall provide for the monitoring of parameters
				that relate to the suitability of the ground water for current and approved
				postmining land uses and to the objectives for protection of the hydrologic
				balance set forth in paragraph (E)(1) of this rule. It shall identify the
				quantity and quality parameters to be monitored, sampling frequency, and site
				locations. It shall describe how the data may be used to determine the impacts
				of the operation upon the hydrologic balance. At a minimum, specific
				conductance corrected to twenty-five degrees centigrade, pH, total iron, total
				manganese, and water levels shall be monitored. Data resulting from monitoring
				shall be submitted to the chief pursuant to paragraph (N) of rule 1501:13-9-04
				of the Administrative Code.
(b) If an applicant can demonstrate by the use of the PHC
				determination and other available information that a particular water-bearing
				stratum in the proposed permit and adjacent areas is not one which serves as an
				aquifer which significantly ensures the hydrologic balance within the general
				area, then monitoring of that stratum may be waived by the chief.
(2) Surface-water
			 monitoring plan.
(a) The application shall include a surface-water monitoring plan
				based upon the PHC determination required under paragraph (E)(2) of this rule
				and the analysis of all baseline hydrologic, geologic, and other information in
				the permit application. The plan shall provide for the monitoring of parameters
				that relate to the suitability of the surface water for current and approved
				postmining land uses and to the objectives for protection of the hydrologic
				balance as set forth in paragraph (E)(1) of this rule as well as the effluent
				limitations set forth in 40 C.F.R. part 434.
(b) The plan shall identify the surface-water quantity and
				quality parameters to be monitored, sampling frequency and site locations. It
				shall describe how the data may be used to determine the impacts of the
				operation upon the hydrologic balance.
(i) At all monitoring
				  locations in the permit and adjacent areas, surface-water bodies such as
				  streams, lakes and impoundments, that are potentially affected or into which
				  water will be discharged, and at upstream monitoring locations, the specific
				  conductance corrected to twenty-five degrees centigrade, total suspended
				  solids, pH, total iron, total manganese, and flow shall be
				  monitored.
(ii) For point-source
				  discharges, monitoring shall be conducted in accordance with 40 C.F.R. parts
				  122, 123 and 434 and as required by the national pollutant discharge
				  elimination system permitting authority.
(iii) Data resulting from
				  this monitoring shall be submitted to the chief pursuant to paragraph (N) of
				  rule 1501:13-9-04 of the Administrative Code.
(G) Reclamation plan: postmining land
		  uses.
(1) Each application
			 shall contain a plan for the postmining land use. The plan shall describe the
			 proposed use following reclamation of the land within the proposed permit area,
			 including a discussion of the utility and capacity of the reclaimed land to
			 support a variety of alternative uses, and the relationship of the proposed use
			 to existing land use polices and plans. This description shall
			 explain:
(a) How the proposed postmining land use is to be achieved and
				the necessary support activities which may be needed to achieve the proposed
				land use; and
(b) When a land use different from the premining land use is
				proposed, all materials needed for approval of the alternatives used under
				these rules.
(2) The plan shall be
			 accompanied by a copy of the comments concerning the proposed use by the legal
			 or equitable owner of record of the surface of the proposed permit area and the
			 state and local government agencies which would have to initiate, implement,
			 approve, or authorize the proposed use of the land following
			 reclamation.
(3) The plan shall
			 describe the consideration which has been given to making all of the proposed
			 coal mining operations consistent with surface owner plans and applicable state
			 and local land use plans and programs.
(H) Reclamation plan: ponds,
		  impoundments, banks, dams, and embankments.
(1) General
			 requirements.
(a) Each application shall include a detailed design plan for
				each proposed siltation structure, water impoundment, and coal mine waste bank,
				dam, or embankment within the proposed permit area. Each plan
				shall:
(i) Be prepared by, or
				  under the direction of, and certified by an engineer;
(ii) Contain a
				  description, map, and cross section of the structure and its
				  location;
(iii) Contain preliminary
				  hydrologic and geologic information required to assess the hydrologic impact of
				  the structure; and
(iv) Contain a survey
				  describing the potential effect on the structure from subsidence of the
				  subsurface strata resulting from past underground mining operations if
				  underground mining has occurred.
(b) Each detailed design plan for a structure that meets or
				exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), or meets the
				class B or C criteria for dams in the U.S department of agriculture, soil
				conservation service technical release no. 60, "Earth Dams and
				Reservoirs," 1985, shall:
(i) Be prepared by, or
				  under the direction of, and certified by an engineer;
(ii) Include any
				  geotechnical investigation, design, and construction requirements for the
				  structure;
(iii) Describe the
				  operation and maintenance requirements for each structure; and
(iv) Describe the
				  timetable and plans to remove each structure, if appropriate. If the applicant
				  proposes to demonstrate that vegetation is the best technology currently
				  available and remove siltation structures sooner than two years after the last
				  augmented seeding of the drainage area, include a statement of such
				  intentions.
(c) Each detailed design plan for a structure that does not meet
				the size or other criteria of paragraph (H)(1)(b) of this rule,
				shall:
(i) Be prepared by, or
				  under the direction of, and certified by an engineer;
(ii) Include any design
				  and construction requirements for the structure including any required
				  geotechnical information;
(iii) Describe the
				  operation and maintenance requirements for each structure; and
(iv) Describe the
				  timetable and plans to remove each structure, if appropriate. If the applicant
				  proposes to demonstrate that vegetation is the best technology currently
				  available and remove siltation structures sooner than two years after the last
				  augmented seeding of the drainage area, include a statement of such
				  intentions.
(2) Impoundments.
(a) Permanent and temporary impoundments shall be designed in
				compliance with the requirements of paragraph (H) of rule 1501:13-9-04 of the
				Administrative Code. The design of any impoundment shall be certified by an
				engineer experienced in impoundment design and construction. The certification
				statement shall state that the structure is designed to meet the requirements
				of paragraph (H) of rule 1501:13-9-04 of the Administrative Code.
(b) Each design plan for an impoundment that meets or exceeds the
				size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain the
				information required under 30 C.F.R. 77.216-2(a). The plan required to be
				submitted to the district manager of MSHA under 30 C.F.R. 77.216 shall also be
				submitted to the chief as part of the permit application.
(c) Impoundments not meeting the size or other criteria of
				paragraph (H)(1)(b) of this rule may be designed in compliance with the
				following design standards, in lieu of performance of engineering tests to
				demonstrate compliance with the 1.3 minimum static safety factor required in
				paragraph (H)(1)(c)(ii) of rule 1501:13-9-04 of the Administrative
				Code:
(i) The embankment
				  foundation area shall be cleared of all organic matter and the entire
				  foundation surface shall be scarified;
(ii) If the natural slope
				  of the foundation as measured at right angles to the embankment center line is
				  steeper than 10h:1v (ten per cent), the embankment shall be benched into the
				  existing slope beginning at the embankment toe and then filled with compacted
				  level lifts;
(iii) The embankment fill
				  material shall be free of sod, large roots, other large vegetative matter, and
				  coal processing waste;
(iv) The fill shall be
				  brought up in horizontal layers of such thickness as required to facilitate
				  compaction in accordance with prudent construction standards;
(v) The moisture content
				  of the fill material shall be sufficient to secure proper compaction. (An
				  indication of sufficient moisture content is that when kneaded by hand the soil
				  should just form a ball which does not readily separate. The engineer may
				  specify other methods of testing moisture content if appropriate). When it is
				  necessary to use materials of varying texture and gradation, the more
				  impervious material shall be placed in the upstream and center portions of the
				  embankment and the more pervious material shall be placed in the downstream
				  portion of the fill;
(vi) The
				  embankment's combined upstream and downstream side slopes shall be no
				  steeper than the sum of 5h:1v, with neither slope steeper than 2h:1v. (Example:
				  if downstream slope is 3h:1v, then upstream slope can be no steeper than 2h:1v.
				  The minimum combined slope requirement of 5h:1v refers to the 3h and 2h added
				  together.); and
(vii) The minimum top
				  width of the embankment shall be (h + 35)/5, where "h" is the
				  embankment height as measured from natural ground at the upstream toe to the
				  top of the embankment.
(3) Siltation
			 structures.
(a) Permanent and temporary siltation structures shall be
				designed in compliance with the requirements of paragraphs (G) and (H) of rule
				1501:13-9-04 of the Administrative Code. The design of any siltation structure
				shall be certified by an engineer experienced in impoundment design and
				construction. The certification shall state that the structure is designed to
				meet the requirements of paragraphs (G) and (H) of rule 1501:13-9-04 of the
				Administrative Code.
(b) In addition to the requirements of paragraph (H)(1) of this
				rule, the plan shall include a determination of:
(i) The required sediment
				  storage volume; and
(ii) The detention time
				  provided by the pond.
(c) Each design plan for a siltation structure that meets or
				exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall contain
				the information required under 30 C.F.R. 77.216-2(a).
(4) Coal mine waste dams
			 and embankments.
(a) Coal mine waste dams and embankments shall be designed to
				comply with the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and
				paragraph (H) of rule 1501:13-9-04 of the Administrative Code. The design of
				any coal mine waste dam or embankment shall be certified by an engineer
				experienced in design of similar earth and waste structures. The certification
				statement shall state that the structure is designed to meet the requirements
				of paragraphs (A) to (C) of rule 1501:13-9-09 and paragraph (H) of rule
				1501:13-9-04 of the Administrative Code.
(b) Each plan shall contain the results of a geotechnical
				investigation of the proposed dam or embankment foundation area, to determine
				the structural competence of the foundation which will support the proposed dam
				or embankment structure and the impounded material. The geotechnical
				investigation shall be planned and supervised by an engineer, according to the
				following:
(i) The number, location,
				  and depth of borings and test pits shall be determined using current, prudent
				  engineering practice for the size of the dam or embankment, quantity of
				  material to be impounded, and subsurface conditions;
(ii) The character of the
				  overburden and bedrock, the proposed abutment sites, and any adverse
				  geotechnical conditions which may affect the particular dam, embankment, or
				  reservoir site shall be considered;
(iii) All springs,
				  seepage, and ground-water flow observed or anticipated during wet periods in
				  the area of the proposed dam or embankment shall be identified on each plan;
				  and
(iv) Consideration shall
				  be given to the possibility of mudflows, rock-debris falls, or other landslides
				  into the dam, embankment, or impounded material.
(c) Each design plan for a coal mine waste dam or embankment that
				meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216(a), shall
				contain the information required under 30 C.F.R. 77.216-2(a).
(5) Coal mine waste
			 banks. Coal mine waste banks shall be designed to comply with the requirements
			 of paragraphs (A) to (C) of rule 1501:13-9-09 of the Administrative Code, and
			 with the provisions regarding impoundments under paragraph (H) of rule
			 1501:13-9-04 of the Administrative Code. The design of any coal mine waste bank
			 shall be certified by an engineer experienced in design of similar earth and
			 waste structures. The certification shall state that the structure is designed
			 to meet the requirements of paragraphs (A) to (C) of rule 1501:13-9-09 and
			 paragraph (H) of rule 1501:13-9-04 of the Administrative Code using current,
			 prudent engineering practices.
(6) If the structure
			 meets or exceeds the size or other criteria of MSHA, 30 C.F.R. 77.216 (a), or
			 meets the Class B or C criteria for dams in the U.S department of agriculture,
			 soil conservation service technical release no. 60, "Earth Dams and
			 Reservoirs," 1985, each plan under paragraphs (H)(2), (H)(3), and (H)(4)
			 of this rule shall include a stability analysis of each structure. The
			 stability analysis shall include, but not limited to, strength parameters, pore
			 pressures, and long-term seepage conditions. The plan shall also contain a
			 description of each engineering design assumption and calculation with a
			 discussion of each alternative considered in selecting the specific design
			 parameters and construction methods.
(7) For further
			 information about soil conservation service technical release no. 60, which is
			 incorporated by reference in paragraph (H) of this rule, see paragraph
			 (H)(1)(a) of rule 1501:13-9-04 of the Administrative Code.
(I) Diversions. Each application shall
		  contain descriptions, including maps and cross sections, of stream channel
		  diversions and other diversions to be constructed within the proposed permit
		  area to achieve compliance with paragraphs (D) and (F) of rule 1501:13-9-04 of
		  the Administrative Code.
(J) Protection of public parks and
		  historic places.
(1) For any publicly
			 owned parks or any places listed on the "National Register of Historic
			 Places," administered by the national parks service, U.S. department of
			 the interior, that may be adversely affected by the proposed operation, each
			 application shall describe the measures to be used:
(a) To prevent adverse impacts; or
(b) If valid existing rights exist or joint agency approval is to
				be obtained under paragraph (E) of rule 1501:13-3-04 of the Administrative Code
				to minimize adverse impacts. The website for the "National Register of
				Historic Places" for Ohio sites is
				www.nationalregisterofhistoricplaces.com/oh/state.html.
(2) The chief may require
			 the applicant to protect historic or archeological properties listed on or
			 eligible for listing on the "National Register of Historic Places,"
			 as referenced in paragraph (J)(1) of this rule, through appropriate mitigation
			 and treatment measures. Appropriate mitigation and treatment measures may be
			 required to be taken after permit issuance provided that the required measures
			 are completed before the properties are affected by any mining
			 operation.
(K) Relocation or use of public roads.
		  Each application shall describe the measures to be used to ensure that the
		  interests of the public and landowners affected are protected if, under
		  paragraph (C) of rule 1501:13-3-04 of the Administrative Code, the applicant
		  seeks to have the chief approve:
(1) Conducting the
			 proposed coal mining operation within one hundred feet of the right-of-way line
			 of any public road, except where mine access or haul roads join that
			 right-of-way; or
(2) Relocating a public
			 road.
(L) Transportation
		  facilities.
(1) Each application
			 shall contain a detailed description of each road, conveyor, or rail system to
			 be constructed, used, or maintained within the proposed permit area. The
			 description shall include a map, appropriate cross sections, and the
			 following:
(a) Specifications for each road width, road gradient, road
				surface, road cut, fill embankment, culvert, bridge, drainage ditch, and
				drainage structure;
(b) A description of measures to be taken to obtain approval of
				the chief for alteration or relocation of a natural drainageway under rule
				1501:13-10-01 of the Administrative Code;
(c) A description of measures, other than use of a rock headwall,
				to be taken to protect the inlet end of a ditch relief culvert, for approval by
				the chief under rule 1501:13-10-01 of the Administrative Code;
(d) Drawings and specifications for each proposed ford of
				perennial or intermittent streams outside the mined-out area that is used as a
				temporary route, as necessary for approval of the ford by the chief in
				accordance with paragraph (D)(1) of rule 1501:13-10-01 of the Administrative
				Code; and
(e) A description of plans to remove and reclaim each road that
				would not be retained under an approved postmining land use, and the schedule
				for this removal and reclamation.
(2) Primary road
			 embankments may be designed in compliance with the following design standards,
			 in lieu of performance of engineering tests to demonstrate compliance with the
			 1.3 minimum static safety factor required in paragraph (G)(3) of rule
			 1501:13-10-01 of the Administrative Code:
(a) The embankment foundation area shall be cleared of all
				organic matter and the entire foundation surface shall be
				scarified;
(b) If the natural slope of the foundation as measured at right
				angles to the roadway center line is steeper than 8h:1v, the embankment shall
				be benched into the existing slope beginning at the embankment toe and then
				filled with compacted level lifts;
(c) The embankment fill material shall be free of sod, large
				roots, other large vegetative matter, and coal processing waste;
(d) The fill shall be brought up in horizontal layers of such
				thickness as required to facilitate compaction in accordance with prudent
				construction standards;
(e) The moisture content of the fill material shall be sufficient
				to secure proper compaction;
(f) The side slopes of the embankment shall be no steeper than
				2h:1v;
(g) Embankments with upstream and downstream slopes shall have a
				minimum top width of (h + 35)/5, where "h" is the embankment height
				as measured from natural ground at the upstream toe to the top of the
				embankment;
(h) Hillside embankments shall have a minimum top width adequate
				for the intended use; and
(i) Culverts shall be placed such that the embankment, as defined
				in rule 1501:13-1-02 of the Administrative Code, will not impound water for an
				extended period of time.
(M) Subsidence control plan.
(1) The application shall
			 include, for the shadow area, the most recent available U.S. geologic survey
			 7.5-minute topographic map showing:
(a) The extent of underground workings proposed for the term of
				the permit, including existing works that will continue to be used under the
				permit, all shown on a year-by-year basis;
(b) Those parts of the proposed underground workings from which
				there will be full coal recovery;
(c)  The angle of draw for the workings described in paragraphs
				(M)(1)(a) and (M)(1)(b) of this rule; and
(d) Those areas in which measures will be taken to prevent or
				minimize subsidence and subsidence-related damage.
(2) The application shall
			 include an inventory which shall show whether structures or renewable resource
			 lands exist within the proposed permit and adjacent areas and whether
			 subsidence, if it occurred, could cause material damage or diminution of the
			 reasonably foreseeable use of such structures or renewable resource lands. If
			 the inventory shows that no such structures or renewable resource lands exists
			 or no such material damage or diminution could be caused in the event of mine
			 subsidence, and if the chief agrees with such conclusion, no further
			 information need be provided in the application under paragraphs (M)(2)(a) to
			 (M)(2)(e) of this rule. In the event the inventory shows that such structures
			 or renewable resource lands exist, and that subsidence could cause material
			 damage or diminution of value or foreseeable use of such structures or
			 renewable resource lands, or if the chief determines that such material damage
			 or diminution could occur, the application shall include a subsidence control
			 plan which shall contain the following information:
(a) A description of the method of coal removal, such as
				longwall, room-and-pillar removal, hydraulic mining, or other extraction
				methods, including the size, sequence, and timing for the development of
				underground workings;
(b) A map of the shadow area which describes the location and
				extent of areas in which planned-subsidence mining methods will be used and
				which includes all areas where the measures described in paragraphs (M)(2)(d)
				and (M)(2)(e) of this rule will be taken to prevent or minimize subsidence and
				subsidence-related damage; and, where appropriate, to correct
				subsidence-related material damage;
(c) A description of the physical conditions, such as depth of
				cover, seam thickness, and lithology, which affect the likelihood or extent of
				subsidence and subsidence-related damage;
(d) A description of monitoring, if any, needed to determine the
				commencement and degree of subsidence so that, when appropriate, other measures
				can be taken to prevent, reduce, or correct material damage in accordance with
				rule 1501:13-12-03 of the Administrative Code;
(e) Except for those areas where planned subsidence is projected
				to be used, a detailed description of the subsidence control measures that will
				be taken to prevent or minimize subsidence and subsidence-related damage,
				including such measures as:
(i) Backstowing or
				  backfilling voids;
(ii) Leaving support
				  pillars of coal;
(iii) Leaving areas in
				  which no coal is removed, including a description of the overlying area to be
				  protected by leaving the coal in place; and
(iv) Taking measures on
				  the surface to prevent material damage or lessening of the value or reasonably
				  foreseeable use of the surface;
(f) A description of the anticipated effects of planned
				subsidence, if any;
(g) A general description of the measures to be taken, in
				accordance with rule 1501:13-12-03 of the Administrative Code, to mitigate or
				remedy any subsidence-related damage to or diminution in value or reasonably
				foreseeable use of:
(i) The land;
				  or
(ii) Structures,
				  buildings, features, or facilities to the extent required pursuant to rule
				  1501:13-12-03 of the Administrative Code; and
(h) Other information required by the chief as necessary to
				demonstrate that the operation will be conducted in accordance with the
				performance standards of rule 1501:13-12-03 of the Administrative Code for
				subsidence control.
(N) Return of coal mine wastes to
		  abandoned underground workings.
(1) Each application
			 shall contain a plan for the return of coal mine wastes to abandoned
			 underground workings. The plan shall describe the design, operation and
			 maintenance of any proposed coal processing waste disposal facility, including
			 flow diagrams and any other necessary drawings and maps, for the approval of
			 the chief and MSHA under paragraph (A)(7) of rule 1501:13-9-09 of the
			 Administrative Code.
(2) The plan shall
			 describe the source and quality of waste to be stowed, area to be backfilled,
			 per cent of the mine void to be filled, method of constructing underground
			 retaining walls, influence of the backfilling operation on active underground
			 mine operations, surface area to be supported by the backfill, and the
			 anticipated occurrence of surface effects following backfilling.
(3) The applicant shall
			 describe the source of the hydraulic transport mediums, method of dewatering
			 the placed backfill, retainment of water underground, treatment of water if
			 released to surface streams, and the effect on the hydrologic
			 regime.
(4) The plan shall
			 describe each permanent monitoring well to be located in the backfilled area,
			 the stratum underlying the mined coal, and gradient from the backfilled
			 area.
(5) The requirements of
			 paragraphs (N)(1) to (N)(4) of this rule shall also apply to pneumatic
			 backfilling operations, except where the operations are exempted by the chief
			 from requirements specifying hydrologic monitoring.
(O) Underground development waste. Each
		  plan shall contain descriptions, including appropriate maps and cross section
		  drawings, of the proposed disposal methods and sites for placing underground
		  development waste and excess spoil generated at surface areas affected by
		  underground mining surface operations and facilities according to rule
		  1501:13-9-07 of the Administrative Code. Each plan shall describe the
		  geotechnical investigation, design, construction, operation, maintenance, and
		  removal, if appropriate, of the structures and be prepared according to
		  paragraph (P) of this rule.
(P) Disposal of excess
		  spoil.
(1) Each application
			 shall contain descriptions, including appropriate maps and cross section
			 drawings, of the proposed disposal site and design of the spoil disposal
			 structures according to rule 1501:13-9-07 of the Administrative Code. These
			 plans shall describe the geotechnical investigation, design, construction,
			 operation, maintenance, and removal, if appropriate, of the site and
			 structures.
(2) Each application
			 shall contain the results of a geotechnical investigation of the proposed
			 disposal site, including the following:
(a) The character of bedrock and any adverse geologic conditions
				in the disposal area;
(b) A survey identifying all springs, seepage, and ground-water
				flow observed or anticipated during wet periods in the area of the disposal
				site;
(c) A survey of the potential effects of subsidence of the
				subsurface strata due to past and future mining operations;
(d) A technical description of the rock materials to be utilized
				in the construction of those disposal structures containing rock chimney cores
				or underlain by a rock drainage blanket; and
(e) A stability analysis including, but not limited to, strength
				parameters, pore pressures and long-term seepage conditions. These data shall
				be accompanied by a description of all engineering design assumptions and
				calculations and the alternatives considered in selecting the specific design
				specifications and methods.
(3) If, under paragraph
			 (D) of rule 1501:13-9-07 of the Administrative Code, rock-toe buttresses or
			 keyway cuts are required, the application shall include the
			 following:
(a) The number, location, and depth of borings or test pits. The
				number, location, and depth shall be determined with respect to the size of the
				spoil disposal structure and sub-surface conditions; and
(b) Engineering specifications utilized to design the rock-toe
				buttresses or keyway cuts which shall be determined in accordance with
				paragraph (P)(2)(e) of this rule.
(Q) Air pollution control plan. For all
		  underground mining surface operations, the application shall contain an air
		  pollution control plan in order to address fugitive dust resulting from
		  erosion. The plan shall include the following:
(1) An air quality
			 monitoring program, if required by the chief, to provide sufficient data to
			 evaluate the effectiveness of the fugitive dust control practices under
			 paragraph (Q)(2) of this rule to comply with applicable federal and state air
			 quality standards; and
(2) A plan for fugitive
			 dust control practices.
(R) Fish and wildlife plan.
(1) Resource information.
			 Each application shall include fish and wildlife resource information for the
			 permit area and adjacent area.
(a) The scope and level of detail for such information shall be
				determined by the chief in consultation with state and federal agencies with
				responsibilities for fish and wildlife and shall be sufficient to design the
				protection and enhancement plan required under paragraph (R)(2) of this
				rule.
(b) Site-specific resource information necessary to address the
				respective species or habitats shall be required when the permit area or
				adjacent area is likely to include:
(i) Listed or proposed
				  endangered or threatened species of plants or animals or their critical
				  habitats listed by the secretary of the interior under the Endangered Species
				  Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats
				  protected by similar state statutes;
(ii) Habitats of
				  unusually high value for fish and wildlife such as important streams, wetlands,
				  riparian areas, cliffs supporting raptors, areas offering special shelter or
				  protection, migration routes, or reproduction and wintering areas;
				  or
(iii) Other species or
				  habitats identified through agency consultation as requiring special protection
				  under state or federal law.
(2) Protection and
			 enhancement plan. Each application shall include a description of how, to the
			 extent possible using the best technology currently available, the operator
			 will minimize disturbances and adverse impacts on fish and wildlife and related
			 environmental values, including compliance with the Endangered Species Act,
			 during the surface coal mining and reclamation operations and how enhancement
			 of these resources will be achieved where practicable.
(a) This description shall:
(i) Be consistent with
				  the requirements of rule 1501:13-9-11 of the Administrative Code;
(ii) Apply at a minimum,
				  to species and habitats identified under paragraph (R)(1) of this
				  rule;
(iii) Include protective
				  measures that will be used during the active mining phase of operation. Such
				  measures may include the establishment of buffer zones, the selective location
				  and special design of haul roads and powerlines, and the monitoring of surface
				  water quality and quantity; and
(iv) Include enhancement
				  measures that will be used during the reclamation and postmining phase of
				  operation to develop aquatic and terrestrial habitat. Such measures may include
				  restoration of streams and other wetlands, retention of ponds and impoundments,
				  establishment of vegetation for wildlife food and cover, and the replacement of
				  perches and nest boxes. Where the plan does not include enhancement measures, a
				  statement shall be given explaining why enhancement is not
				  practicable.
(3) Fish and wildlife
			 service review. Upon request, the chief shall provide the resource information
			 required under paragraph (R)(1) of this rule and the protection and enhancement
			 plan required under paragraph (R)(2) of this rule to the U.S. department of the
			 interior, fish and wildlife service regional or field office for their review.
			 This information shall be provided within ten days of receipt of the request
			 from the service.
(S) For dates of federal rules and
		  federal laws referenced in this rule, see rule 1501:13-1-14 of the
		  Administrative Code.


Last updated November 30, 2021 at 2:30 PM