Ohio Admin. Code 1501:13-13-03 - Operations on prime farmland
(A) Special requirements. Coal mining and
reclamation operations conducted on prime farmland shall meet the following
requirements:
(1) A permit shall be obtained
for those operations under paragraph (F) of rule
1501:13-4-12
of the Administrative Code; and
(2)
Soil materials to be used in the reconstruction of the prime farmland soil
shall be removed before drilling, blasting, or mining, in accordance with
paragraphs (B) and (C) of this rule and in a manner that prevents mixing or
contaminating these materials with undesirable material. Where removal of soil
materials results in erosion that may cause air and water pollution, the chief
shall specify methods to control erosion of exposed overburden.
(B) Soil reconstruction
specifications. The chief shall use soil reconstruction specifications
established by the U.S. soil
natural resources conservation service for prime
farmland soil removal, storage, replacement, and reconstruction as guidelines
in carrying out his or her responsibilities under
paragraph (F) of rule
1501:13-4-12
of the Administrative Code and Chapter 1501:13-7 of the Administrative
Code.
(C) Soil removal.
(1) Coal mining and reclamation operations on
prime farmland shall be conducted to:
(a)
Separately remove the topsoil or other suitable soil materials if such soil
materials will create a final soil having a greater productive capacity than
that which existed prior to mining. If not utilized immediately the material
shall be stockpiled separately from other rooting medium and spoil;
and
(b) Separately remove the B
horizon of the soil, or a combination of B horizon and underlying C horizon, or
other suitable soil material if such soil material will create a reconstructed
soil of equal or greater productive capacity than that which existed before
mining.
(2) The minimum
depth of soil and soil material to be removed for use in reconstruction of
prime farmland soils shall be sufficient to meet the soil replacement
requirements of paragraph (E)(1) of this rule.
(D) Soil stockpiling. If not utilized
immediately, the topsoil or other suitable soil materials specified in
paragraph (C)(1)(a) of this rule and the B horizon or other suitable soil
materials specified in paragraph (C)(1)(b) of this rule shall be stored
separately from each other and from spoil. These stockpiles shall be placed
within the permit area where they are not disturbed or exposed to excessive
water or wind erosion before the stockpiled horizons can be redistributed.
Stockpiles in place for more than thirty days shall meet the requirements of
paragraph (D)
(E) of rule
1501:13-9-03 of
the Administrative Code.
(E) Soil
replacement. Coal mining and reclamation operations on prime farmland shall be
conducted according to the following:
(1) The
minimum depth of soil and soil material to be reconstructed for prime farmland
shall be forty-eight inches, or a depth equal to the depth
of
to a
subsurface horizon in the natural soil that inhibits root penetration,
whichever is shallower. The chief shall specify a depth greater than
forty-eight inches, wherever necessary to
restore productive capacity. Soil horizons shall be considered as inhibiting
root penetration if their densities, chemical properties, or water supplying
capacities restrict or prevent penetration by roots of plants common to the
vicinity of the permit area and have little or no beneficial effect on soil
productive capacity;
(2) Soil
material shall only be replaced on land which has been first returned to final
grade and scarified according to paragraph (C) of rule
1501:13-9-03 of
the Administrative Code, unless site-specific evidence is provided and approved
by the chief showing that scarification or its equivalent will not enhance the
capability of the reconstructed soil to achieve equivalent or higher levels of
yield;
(3) The soil horizons or
other suitable soil materials shall be replaced with proper compaction and
uniform depth;
(4) The B horizon or
other suitable material specified in paragraph (C)(1)(b) of this rule shall be
replaced to the thickness needed to meet the requirements of paragraph (E) of
this rule;
(5) The topsoil or other
suitable soil materials specified in paragraph (C)(1)(a) of this rule shall be
replaced as the final surface soil layer. This surface soil layer shall equal
or exceed the thickness of the original soil, as determined in paragraph
(F)(2)(a) of rule
1501:13-4-12
of the Administrative Code, and shall be placed in a manner that protects the
surface layer from wind and water erosion before it is seeded or planted;
and
(6) Nutrients and soil
amendments shall be applied as needed to establish vegetative growth
quickly.
(F)
Revegetation. Each person who conducts coal mining and reclamation operations
on prime farmland shall meet the ground-cover and cropping requirements
specified under rule
1501:13-9-15 of the
Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 08/28/1978, 08/16/1982 (Emer.), 10/27/1982, 10/01/1988, 01/17/2016
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 8/28/78, 8/16/82 (Emer.), 10/27/82, 10/1/88
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.