Ohio Admin. Code 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
(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, surfacewater 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 significant hazard potential or high hazard
potential classification (formerly called class B or C) criteria for dams in the U.S department of
agriculture, soil
natural resources conservation service technical
release no. 60
TR-210-60 , "Earth Dams and Reservoirs,"
1985
March
2019 , 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, rockdebris 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 significant hazard potential or high hazard
potential classification (formerly called class B or C) criteria for dams in the U.S department of
agriculture, soil
natural resources conservation service technical
release no. 60
TR-210-60 , "Earth Dams and Reservoirs,"
1985
March
2019 , 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
natural resources conservation service technical
release no. 60
TR-210-60 , 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, rocktoe 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.
Notes
Promulgated Under: 119.03
Statutory Authority: 1513.02, 1513.161, 1513.35
Rule Amplifies: 1513.07, 1513.09, 1513.161, 1513.35
Prior Effective Dates: 11/23/1983 (Emer.), 03/04/1984, 01/15/1987, 10/01/1988, 12/27/1990, 01/01/1993, 08/22/1994, 05/29/1995, 02/15/2003, 04/30/2009, 10/28/2010, 01/17/2016, 06/28/2018
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.