Ohio Administrative Code|Rule 1501:14-3-03 | Permanent water impoundments.

                                                

(A) To insure that upon completion of
reclamation any lake or pond located within the area of land affected is free
of substances resulting from mining in amounts or concentrations that are
harmful to persons, fish, waterfowl, or other beneficial species of aquatic
life, the operator shall:

(1) Construct dams or
otherwise provide that the water level within any permanent water impoundment
is maintained at no less than four feet above any acid producing materials
within the impoundment;

(2) Cover with non-acid
producing material to a minimum depth of three feet, any acid producing
material resulting from mining located within the drainage area of the lake or
pond;

(3) Prevent surface
water resulting from mining which contains substances in amounts or
concentrations that are harmful to persons, fish, waterfowl, or other
beneficial species of aquatic life from flowing into any permanent
impoundment;

(4) Maintain all
impounded water at a pH of 6.0 or above; and

(5) Maintain a minimum
water depth of six feet in each impoundment, unless otherwise required by the
future intended use and approved in the mining and reclamation
plan.

(6) Lime mining waste may
be employed as a component of developing fish spawning zones or reef zones
within a permanent impoundment. These zones shall be constructed in
consultation with accredited wildlife biologists. The designated areas shall be
sufficiently covered with a minimum cover of four feet of non-toxic earthen
material, unless an alternative plan for cover or treatment is approved by the
chief based upon a showing by the applicant that the alternative plan is as
effective for protecting water quality and sustaining vegetative growth, before
other materials such as sand, stone or rock are employed to create the spawning
or reef surfaces.

(B) To insure public safety the operator
shall:

(1) Stabilize the banks
of the impoundments;

(2) Provide egress from
the impoundment;

(a) Lime mining waste may be employed in final reclamation of a
highwall to provide additional egress from the impounded area. The egress area
shall be no steeper than fifteen degrees in accordance with paragraph (C) of
this rule beginning at the anticipated low water level and extending beyond the
highest level of normal annual fluctuation at least twelve feet. A minimum of
four feet of non-toxic earthen material shall cover the submerged slope, with
an additional six inches of topsoil used to cap any exposed slope, unless an
alternative plan for cover or treatment is approved by the chief based upon a
showing by the applicant that the alternative plan is as effective for
protecting water quality and sustaining vegetative growth. The earthen cover
shall be planted with a diverse vegetative cover in accordance with this
chapter.

(3) Restrict access to
the impoundment where access is not required for the future intended use;
and

(4) Perform other
measures as are necessary to insure public safety because of the particular
site conditions.

(C) To assure safe access where permanent
impoundments are intended for recreational use, the operator shall construct
designated access areas consistent with the intended recreational use, which
access areas shall be no steeper than fifteen degrees beginning at the
anticipated low water level and extending beyond the highest level of normal
annual water fluctuation at least twelve feet.

(D) To prevent hazards to adjoining
properties, the operator shall construct any dams that are part of a permanent
impoundment in accordance with the requirements of rule 1501:14-3-11 of the
Administrative Code and all other applicable federal, state, or local
laws.

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