OHIO REGULATORY PROGRAM OHIO ADMINISTRATIVE CODE [OAC] 1501:13 DIVISION OF MINES AND RECLAMATION - COAL [Current as of January 2002] CHAPTER 1501:13-4 PERMITS OAC 1501:13-4-01 General contents requirements for permit applications OAC 1501:13-4-02 Requirements of coal exploration OAC 1501:13-4-03 Permit applications; requirements for legal, financial, compliance and related information OAC 1501:13-4-04 Permit application requirements for information on environmental resources OAC 1501:13-4-05 Permit application requirements for reclamation and operations plans OAC 1501:13-4-06 Permit applications, revisions, and renewals, and transfers, assignments, and sales of permit rights OAC 1501:13-4-07 Annual reports and maps OAC 1501:13-4-08 Hydrologic map and cross-sections OAC 1501:13-4-09 General map requirements OAC 1501:13-4-10 Uniform color code and map symbols OAC 1501:13-4-11 Maps showing reaffection of permit area OAC 1501:13-4-12 Requirements for permits for special categories of mining OAC 1501:13-4-13 Underground mining permit application requirements for information on environmental resources OAC 1501:13-4-14 Underground mining permit application requirements for reclamation and operations plans OAC 1501:13-4-15 Authorization to conduct coal mining on pollution abatement areas OAC 1501:13-4-16 Requirements for exemption for coal extraction incidental to the extraction of other minerals NOTE: Cross references to OSM's federal statute and regulation sections appear in double braces to the right of the Ohio statute or regulation section numbers, e.g., "OAC 1501:13-7-04 SELF-BONDING. {{ 30 CFR 800.23 }}". The cross references were compiled using the preambles to OSM's approval of amendments to the Ohio regulatory program published in the Federal Register and from the COALEX Library in LexisNexis. OAC 1501:13-4-01 GENERAL CONTENTS REQUIREMENTS FOR PERMIT APPLICATIONS. {{ 30 CFR 773.5, 773.11, 773.12, 777.13, 777.14, 777.17 }} (A) Responsibilities. (1) Persons seeking to engage in coal mining and reclamation operations, including underground mining operations, shall submit an application for and obtain a permit for those operations in accordance with Chapters 1501:13-4, 1501:13-5, and 1501:13-6 of the Administrative Code. Persons seeking to conduct coal exploration operations shall comply with rule 1501:13-4-02 of the Administrative Code. (2) The chief shall review each permit application, renewal, significant revision and notice of intention to explore, shall approve or disapprove each permit application, renewal, revision or notice of intention to explore, and shall issue, condition, suspend, or revoke exploration permit, permits, renewals, or revised permits. (B) Coordination with requirements under other laws. The chief shall, to avoid duplication, provide for the coordination of review and issuance of permits for coal mining and reclamation operations with any other federal or state permit process applicable to these operations including, at a minimum, the applicable requirements of the Endangered Species Act of 1973, as amended (16 U.S.C. 1513 et seq.), the Fish and Wildlife Coordination Act as amended (16 U.S.C. 661 et seq.), the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470 et seq.), the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 703 et seq.), and the Bald Eagle Protection Act, as amended (16 U.S.C. 668a). Where there are involved federal or Indian lands covered by the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), the chief shall provide for the coordination of review and issuance of permits for coal mining and reclamation operations with any permit process applicable to these operations under the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.). (C) Compliance with permits. All persons shall conduct coal mining and reclamation operations under permits issued pursuant to these rules, and shall comply with the terms and conditions of the permit and the requirements of Chapter 1513. of the Revised Code. (D) Permit applications-general requirements for format and contents. (1) Applications for permits to conduct coal mining and reclamation operations shall be filed in the format required by the chief. The application shall be complete and include all the applicable information required under these rules. (2) Information set forth in the application shall be current, shall be presented clearly and concisely, and shall be supported by appropriate references to technical and other written material available to the chief. (a) All technical data submitted in the application shall be accompanied by: (i) Names of persons or organizations which collected and analyzed such data; (ii) Dates of the collection and analyses; and (iii) Descriptions of methodology used to collect and analyze the data. (b) Technical analyses shall be planned by or under the direction of a professional qualified in the subject to be analyzed. (c) The application shall state the name, address and position of officials of each private or academic research organization or governmental agency consulted by the applicant in preparation of the application for information on land uses, soils, geology, vegetation, fish and wildlife, water quantity and quality, air quality, and archeological, cultural and historic features. (3) Maps and plans: general requirements. (a) Maps submitted with applications shall be presented in a consolidated format, to the extent possible, and shall include all the types of information that are set forth on topographic maps of the United States geological survey of the 1:24,000 scale series. (b) All maps and plans submitted with the application shall distinguish among each of the phases during which surface coal mining operations were or will be conducted at any place within the life of operations. At a minimum, distinctions shall be clearly shown among those portions of the life of operations in which surface coal mining operations occurred: (i) Prior to August 3, 1977; (ii) After August 3, 1977, and prior to either: (a) May 3, 1978; or (b) In the case of an applicant or operator that obtained a small operator's exemption in accordance with 30 CFR 710.12, January 1, 1979; (iii) After May 3, 1978 (or January 1, 1979, for operators that obtained a small operator's exemption), and prior to August 16, 1982; (iv) After the estimated date of issuance of a permit by the chief under Ohio's approved regulatory program. (E) Permit fees. Each application for a coal mining and reclamation permit, including applications to renew, shall be accompanied by a fee in an amount equal to the product of seventy-five dollars multiplied by the number of acres estimated in the application which will comprise the area of land to be affected within the permit period by the coal mining operations for which the permit is requested. (F) Verification of application. Applications for permits, revisions, renewals or transfers, sales or assignments of permit rights shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true and correct to the best of the official's information and belief. HISTORY: Eff (Amended) 8-28-78; (Amended) 10-27-82; 10-1-88 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.07 119.032 Review Date: 11-01-02 OAC 1501:13-4-02 REQUIREMENTS OF COAL EXPLORATION. {{ 30 CFR Part 772, Secs. 701.5, 730.5, 730.11 }} (A) Coal exploration under a notice of intent for exploration operations removing two hundred fifty tons of coal or less that do not substantially disturb the natural land surface. Any person who intends to conduct coal exploration operations outside a permit area during which two hundred fifty tons or less of coal will be removed shall, prior to conducting the exploration, file with the chief a written notice of intention to explore. (1) Except for exploration of lands designated in accordance with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining operations, if a person demonstrates and the chief finds there will be no substantial disturbance of the natural land surface as defined in paragraph (00000) of rule 1501:13-1-02 of the Administrative Code, the person may conduct coal exploration operations under a notice of intention to explore, provided that person complies with the applicable requirements of this rule. (2) A person intending to conduct coal exploration operations that substantially disturb the natural land surface, including all exploration of lands designated in accordance with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining operations, shall, in addition to filing a written notice of intention to explore, be issued an exploration permit prior to conducting the exploration. (B) The written notice required for coal exploration operations under paragraph (A) of this rule shall include: (1) The name, address, and telephone number of the person seeking to explore; (2) The name, address, and telephone number of the representative who will be present at or responsible for conducting the exploration activities; (3) A description to reasonably identify the exploration area, including a map of a scale of no greater than one inch equals one thousand feet, which shall be attached to the notice of intention showing the location of the exploration area as well as access to the proposed area; (4) A statement of the period of intended exploration; (5) A description of the methods and equipment to be used to conduct the exploration operation; (6) If the surface is owned by a person other than the person seeking to explore, a description of the basis upon which the person seeking to explore claims the right to enter that land for the purpose of conducting exploration and reclamation; (7) A description of the practices that will be followed to reclaim the area and to protect the environment from the adverse impacts of the exploration operations; and (8) A statement that the person seeking to explore believes that the exploration operations will not substantially disturb the natural land surface. (C) The chief, or a representative of the chief, shall promptly review notices of intention to explore. For exploration operations which the person seeking to explore believes will not substantially disturb the natural land surface, the person shall give reasonable notice to the division of mines and reclamation district office having jurisdiction over the exploration area of the approximate date that the exploration will begin and shall give telephone notice on the date of commencement of any exploration activities. (1) If the chief or a representative of the chief finds that the exploration operations will not substantially disturb the natural land surface, he shall notify the person seeking to explore that the notice of intention has been reviewed and the person may begin exploration. Based on determination by the chief, exploration operations that involve only drilling activities may not be considered substantial disturbance of the natural land surface. Drilling activities that will affect lands designated in accordance with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining operations will be considered substantial disturbance. (2) If the chief or a representative of the chief finds that the exploration operations will substantially disturb the natural land surface, he shall notify the person seeking to explore that the notice of intention has been reviewed and the person must submit an application for and be issued an exploration permit before beginning exploration. The chief shall, by order, issue or deny the exploration permit within a reasonable period of time. (D) Coal exploration under an exploration permit. Any person who intends to conduct coal exploration operations outside a permit area during which more than two hundred fifty tons of coal will be removed or which will substantially disturb the natural land surface, including exploration on lands designated as unsuitable for coal mining operations, shall, prior to conducting the exploration, submit an application and obtain written approval from the chief for an exploration permit. Such exploration shall be subject to the requirements of paragraphs (E) to (L) of this rule. each application for an exploration permit shall contain, at a minimum, the following information: (1) The name, address, and telephone number of the applicant. (2) The name, address and telephone number of the applicant's representative who will be present at or responsible for conducting the exploration activities. (3) A narrative describing the proposed exploration area. (4) A narrative description of the methods and equipment to be used to conduct the exploration and reclamation. (5) An estimated timetable for conducting and completing each phase of the exploration and reclamation. (6) The estimated amount of coal to be removed and a description of the methods to be used to determine the amount. (7) If applicable, a statement of why extraction of more than two hundred fifty tons of coal is necessary for exploration. (8) A description of: (a) Cultural or historical resources listed on the "National Register of Historic Places"; (b) Cultural or historical resources known to be eligible for listing on the "National Register of Historic Places"; and (c) Known archeological resources located within the proposed exploration area. (d) Any other information which the chief may require regarding known or unknown historic or archeological resources. (9) A description of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) identified within the proposed exploration area. (10) A description of the measures to be used to comply with rule 1501:13-8-01 of the Administrative Code. (11) The name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored. (12) A map or maps at a scale of 1:24,000, or larger, showing the areas of land to be disturbed by the proposed exploration and reclamation. The map shall specifically show existing roads, occupied dwellings, topographic and drainage features, bodies of surface water, and pipelines; proposed locations of trenches, roads, and other access routes and structures to be constructed; the location of proposed land excavations; the location of exploration holes or other drill holes or underground openings; the location of excavated earth or waste-material disposal areas; and the location of critical habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (13) If the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter that land for the purpose of conducting exploration and reclamation. (E) Public notice and opportunity to comment. Upon submittal to the chief of an administratively complete application for an exploration permit, the applicant shall place an advertisement providing public notice of the filing of the application in a newspaper of general circulation in the county of the proposed exploration area. (1) The public notice shall state the name and address of the person seeking approval, the filing date of the application, the address of the "Division of Mines and Reclamation, Fountain Square, Building H-3, Columbus Ohio 43224" where written comments on the application may be submitted, the closing date of the comment period, and a description of the area of exploration. (2) Any person having an interest which is or may be adversely affected shall have the right to file written comments on the application within ten days after the date the notice was published. (3) A copy of the newspaper advertisement of the application shall be filed with the chief and made part of the complete application. A proof of publication shall be filed with the chief prior to approval of the application. (F) Decisions on applications for exploration. (1) The chief, or a representative of the chief, shall promptly review and within a reasonable period of time act upon an administratively complete application for a coal exploration permit and any written comments. (2) The chief shall approve an application for a coal exploration permit filed in accordance with this rule provided that the application is complete and accurate and the chief finds in writing that the applicant has demonstrated that the exploration and reclamation described in the application will: (a) Be conducted in accordance with this rule, rule 1501:13-8-01 of the Administrative Code, and the applicable provisions of Chapter 1513. of the Revised Code and these rules; (b) Not jeopardize the continued existence of an endangered or threatened species listed pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or result in the destruction or adverse modification of critical habitat of those species; and (c) Not adversely affect any cultural or historical resources listed on the "National Register of Historic Places", pursuant to the National Historic Preservation Act, as amended (16 U.S.C. Sec. 470 et seq., 1976 Supp. V), unless the proposed exploration has been approved by both the chief and the agency with jurisdiction over such matters. (3) Terms of approval issued by the chief shall contain conditions necessary to ensure that the exploration and reclamation will be conducted in compliance with this rule, rule 1501:13-8-01 of the Administrative Code, Chapter 1513. of the Revised Code, and these rules. (G) Notice of chief's decision. The chief shall notify the applicant, the appropriate local government officials, and other commenters on the application, in writing, of his decision on the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval. Public notice of the decision on each application shall be posted by the chief at the division of mines and reclamation district office responsible for inspection of the proposed exploration operations. (H) Coal exploration compliance duties. (1) Any person who conducts coal exploration operations pursuant to this rule that substantially disturb the natural land surface shall comply with this rule, rule 1501:13-8-01 of the Administrative Code, Chapter 1513. of the Revised Code and these rules, and any exploration permit term or condition imposed by the chief. (2) Any person who conducts coal exploration operations pursuant to this rule that do not substantially disturb the natural land surface shall comply with the methods and practices described in the notice of intention filed pursuant to paragraph (B) of this rule and the requirements of rule 1501:13-9-02 of the Administrative Code. In addition, this person shall notify the division of mines and reclamation district office having jurisdiction over the exploration area of the date of completion of the exploration and reclamation. The notice of intent shall expire on the first anniversary of the date of its issuance, unless a request for renewal is filed with the chief at least sixty days before the expiration date. (3) Any person who conducts any coal exploration in violation of this rule, rule 1501:13-8-01 of the Administrative Code, Chapter 1513. of the Revised Code and these rules, or any exploration permit term or condition imposed by the chief shall be subject to the provisions of section 1513.99 of the Revised Code, and rules 1501:13-14-01 to 1501:13-14-06 of the Administrative Code. (I) Public availability of information. (1) Except as provided in paragraph (I) (2) of this rule, all information submitted to the chief under this rule shall be made available for public inspection and copying at the local offices of the chief closest to the exploration area. (2) Information not to be available to the public. (a) The chief shall not make information available for public inspection, if the person submitting it requests in writing, at the time of submission, that it not be disclosed and the chief determines that the information is confidential. (b) The chief shall determine that information is confidential only if it concerns trade secrets or is privileged commercial or financial information that relates to the competitive rights of the person intending to conduct coal exploration. (c) Information requested to be held as confidential shall not be made publicly available until after notice and opportunity to be heard is afforded both persons seeking and opposing disclosure of the information. (J) Availability of exploration permit. Each person conducting a coal exploration operation for which the required exploration permit has been issued shall, while in the exploration area, make the exploration permit available for on- site review by the authorized representative of the chief. (K) Commercial use or sale. (1) Except as provided under paragraph (K) (2) of this rule or parts 3480 to 3487 of Title 43 of the Code of Federal Regulations, any person who intends to commercially use or sell coal extracted during coal exploration operations under an exploration permit, shall first obtain a permit to conduct surface coal mining operations for those operations from the chief under Chapter 1501:13-4 of the Administrative Code. (2) With the prior written approval of the chief, no permit to conduct coal mining operations is required for the sale or commercial use of coal extracted during exploration operations if such sale or commercial use is for coal testing purposes only. the person conducting the exploration shall file an application for such approval with the chief. The application shall demonstrate that the coal testing is necessary for the development of a coal mining and reclamation operation for which a coal mining operations permit application is to be submitted in the near future, and that the proposed commercial use or sale of coal extracted during exploration operations is solely for the purpose of testing the coal. The application shall contain the following: (a) The name of the testing firm and the locations at which the coal will be tested. (b) If the coal will be sold directly to, or commercially used directly by, the intended end user, a statement from the intended end user, or if the coal is sold indirectly to the intended end user through an agent or broker, a statement from the agent or broker. The statement shall include: (i) The specific reason for the test, including why the coal may be so different from the intended user's other coal supplies as to require testing; (ii) The amount of coal necessary for the test and why a lesser amount is not sufficient; and (iii) A description of the specific tests that will be conducted. (c) Evidence that sufficient reserves of coal are available to the person conducting exploration or its principals for future commercial use or sale to the intended end user, or agent or broker of such user identified above, to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve. (d) An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the quality of the coal and/or the feasibility of developing a surface coal mining operation. (L) A person adversely affected by a decision of the chief to approve or deny an exploration permit may file an appeal pursuant to section 1513.13 of the Revised Code. HISTORY: Eff 8-16-82 (Emer.); 10-27-82; 1-1-90; 6-5-94; 10-16-97 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.072 119.032 Review Date 10-16-02 OAC 1501:13-4-03 PERMIT APPLICATIONS; REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION. {{ 30 CFR Part 778 }} (A) Definition. (1) For the purposes of this rule, a person "OWNED OR CONTROLLED" or "OWNS OR CONTROLS" a coal mining operation if, at any time: (a) The person is the permittee of a coal mining operation; (b) Based on instruments of legal or equitable ownership or voting securities, the person owns of record in excess of fifty per cent of an entity which conducts coal mining operations; or (c) The person has any relationship which gives that person authority directly or indirectly to determine the manner in which an applicant, an operator, or other entity conducts coal mining operations. (2) It will be presumed that a person "OWNS OR CONTROLS" or "OWNED OR CONTROLLED" a coal mining operation, unless it can be demonstrated that the person does not or did not in fact have the authority directly or indirectly to determine the manner in which the relevant coal mining operation is or was conducted if, at any time: (a) The person is an officer or a director of an entity which conducts coal mining operations; (b) The person is the operator of the coal mining operation; (c) The person has the ability to commit the financial or real property assets or working resources of an entity which conducts coal mining operations; (d) The person is a general partner in a partnership which conducts coal mining operations; (e) Based on the instruments of legal or equitable ownership or the voting securities of a corporate entity which conducts coal mining operations, the person owns of record ten through fifty per cent of the entity; or (f) The person owns or controls coal to be mined by another person under a lease, sublease or other contract; and (i) Has the right to receive such coal after mining; or (ii) Has the authority to determine the manner in which another person conducts that coal mining operation. (B) Identification of interests. (1) Each application shall contain the names, addresses, telephone numbers, employer identification numbers, as applicable, and, for those who choose to provide them, social security numbers of: (a) The permit applicant; (b) The operator, if the operator is a person different from the applicant; (c) The resident agent of the applicant who will accept service of process; and (d) The person who will pay the abandoned mine land reclamation fee. (2) For a coal mining operation other than an underground mining operation, each application shall also contain the names of: (a) Every legal or equitable owner of record of the property to be mined; (b) The holders of record of any leasehold interest in the property to be mined; and (c) Any purchaser of record under a real estate contract of the property to be mined. (3) For an underground mining operation each application shall also contain the names of: (a) Every legal or equitable owner of record of the areas to be affected by surface operations and facilities and every legal or equitable owner of record of the property to be mined; (b) The holders of record of any leasehold interest in areas to be affected by surface operations or facilities and the holders of record of any leasehold interest in the coal to be mined; and (c) Any purchaser of record under a real estate contract of areas to be affected by surface operations and facilities and any purchaser of record under a real estate contract of the coal to be mined. (4) Each application shall contain a statement of whether the applicant is a corporation, partnership, single proprietorship, association or other business entity. (5) For each person who owns or controls or owned or controlled the applicant according to paragraph (A) of this rule, the application shall contain the following information, except that submission of a social security number is voluntary: (a) The person's name, address, social security number and employer identification number; (b) The person's ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure; (c) The title of the person's position, the date that the position was assumed, and when this information is submitted under paragraph (G)(5) of rule 1501:13-5-01 of the Administrative Code and the person is no longer employed in that position, the date of departure from the position; (d) Each additional name and identifying number, including employer identification number, federal or state permit number, and MSHA number with date of issuance, under which the person owns or controls, or previously owned or controlled, a coal mining and reclamation operation in the United States within the five years preceding the date of the application; and (e) The application number or other identifier of, and the regulatory authority for, any other pending coal mining operation permit application filed by the person in any state in the United States. (6) If any owner, holder, purchaser, or operator identified under paragraphs (B)(1) to (B)(3) of this rule is a business entity other than a single proprietorship, the application shall contain the names and street addresses of their respective principals, officers, and resident agents. (7) For any coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in paragraph (A) of this rule, the application shall include the operation's; (a) Name, address, identifying numbers, including employer identification number, federal or state permit number, and MSHA number, the date of issuance of the MSHA number, and the regulatory authority; and (b) Ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure. (8) Each application shall contain the names and addresses of the owners of record of all surface and subsurface areas contiguous to any part of the proposed permit area. (9) Each application shall contain the name of the proposed mine and the MSHA identification numbers for all mine-associated structures that require MSHA approval. (10) Each application shall contain a statement of all lands, interests in lands, options, or pending bids on interests held or made by the applicant for lands which are contiguous to the area to be covered by the permit. If requested by the applicant, any information required by this paragraph which is not on public file pursuant to Ohio law shall be held in confidence by the chief as provided under rule 1501:13-1-10 of the Administrative Code. (11) After an applicant is notified that its application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under paragraphs (B)(1), (B)(4), (B)(5) and (B)(7) of this rule. (12) The applicant shall submit the information required by paragraphs (B) and (C) of this rule on a form prescribed by the chief. (C) Violation information. Each application shall contain: (1) A statement of whether the applicant, any subsidiary, affiliate, or persons controlled by or under common control with the applicant has: (a) Had a federal or state coal mining permit suspended or revoked in the five years preceding the date of submission of the application; or (b) Forfeited a mining bond or similar security deposited in lieu of bond. (2) If any such suspension, revocation, or forfeiture has occurred, a statement of the facts involved, including: (a) Identification number and date of issuance of the permit or date and amount of bond or similar security; (b) Identification of the authority that suspended or revoked the permit or forfeited the bond and the stated reasons for that action; (c) The current status of the permit, bond, or similar security involved; (d) The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation or forfeiture; and (e) The current status of these proceedings. (3) The applicant shall submit a listing of: (a) Each violation notice received by the applicant in connection with any coal mining and reclamation operation during the three-year period preceding the application date for violations of Chapter 1513. of the Revised Code or these rules, or of any law, rule, or regulation of the United States, or of any state law, rule, or regulation enacted pursuant to federal law, rule, or regulation, pertaining to air or water environmental protection; and (b) All unabated federal or state cessation orders and unabated air and water quality violation notices received prior to the date of the application by any coal mining and reclamation operation owned or controlled by either the applicant or by any person who owns or controls the applicant. (4) For each violation notice or cessation order reported under paragraph (C)(3)(a) or (C)(3)(b) of this rule, the application shall also contain: (a) Any identifying numbers for the operation, including the federal or state permit number and MSHA number, the dates of issuance of the violation notice or cessation order and MSHA number, the name of the person to whom the violation notice or cessation order was issued, and the name of the issuing regulatory authority, department, or agency; (b) A brief description of the violation alleged in the notice or cessation order; (c) The date, location, and type of any administrative or judicial proceedings initiated concerning the violation or cessation order, including, but not limited to, proceedings initiated by the applicant to obtain administrative or judicial review of the violations; (d) The current status of the proceedings and of the violation notice or cessation order; and (e) The actions, if any, taken by the applicant or any person who owns or controls the applicant to abate the violation or cessation order. (5) After an applicant is notified that its application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under paragraph (C) of this rule. (D) Right of entry and operation information. (1) Each application shall contain a description of the documents upon which the applicant bases its legal right to enter and begin coal mining in the permit area and whether that right is the subject of pending litigation. The description shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant. (2) Where the private mineral estate to be mined has been severed from the private surface estate and surface mining will be the method of mining, the application shall also provide for lands within the permit area: (a) A copy of the written consent of the surface owner to the extraction of coal by surface mining methods; (b) A copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or (c) If the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under state law, the applicant has the legal authority to extract the coal by those methods. (3) Nothing in this rule shall be construed to afford the chief the authority to adjudicate property title disputes. (E) Relationship to areas designated unsuitable for mining. (1) Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for coal mining operations under rule 1501:13-3-07 of the Administrative Code or under study for designation in an administrative proceeding under such rule. (2) If an applicant claims the exemption provided in paragraph (B)(3) of rule 1501:13-3-05 of the Administrative Code, the application shall contain information supporting the applicant's assertion that it made substantial legal and financial commitments before January 4, 1977, concerning the proposed coal mining operations. (3) If an applicant proposes to conduct coal mining operations within three hundred feet of an occupied dwelling, the application shall contain the waiver of the owner of the dwelling as required in paragraph (D) of rule 1501:13-3-04 of the Administrative Code. (4) If an applicant proposes to conduct coal mining operations within one hundred feet of a public road, the application shall contain the road permit as required under paragraph (C) of rule 1501:13-3-04 of the Administrative Code. (F) Permit term information. (1) Each application shall state the anticipated or actual starting and termination date of each phase of the coal mining and the anticipated number of acres of land to be affected during the first year of mining and over the total life of the permit. (2) Each application to conduct an underground mining operation shall also state the horizontal extent of proposed underground mine workings over the total life of the permit. (3) If the applicant proposes a permit term in excess of five years, the application shall: (a) Be complete and accurate covering the specified longer term; and (b) Show that the proposed longer term is reasonably needed to allow the applicant to obtain financing for equipment and for the opening of the operation with the need confirmed, in writing, by the applicant's proposed source of financing. (G) Identification of location of public office for filing of application. Each application shall identify, by name and address, the public office where the applicant will simultaneously file a copy of the application for public inspection as required by these rules. (H) Newspaper advertisement and proof of publication. A copy of the newspaper advertisement of the application for a permit, revision of a permit, if notice is required under paragraph (E) of rule 1501:13-4-06 of the Administrative Code, or renewal of a permit shall be filed with the chief and made a part of the complete application. A proof of publication shall be filed with the chief prior to approval of the permit application. (I) Facilities or structures used in common. The plans of a facility or structure that is to be shared by two or more separately permitted mining operations may be included in one permit application and referenced in the other applications. In accordance with Chapter 1501:13-7 of the Administrative Code, each permittee shall bond the facility or structure unless the permittees sharing it agree to another arrangement for assuming their respective responsibilities. If such agreement is reached, then the application shall include a copy of the agreement between or among the parties setting forth the respective bonding responsibilities of each party for the facility or structure. The agreement shall demonstrate to the satisfaction of the chief that all responsibilities under this chapter for the facility or structure will be met. HISTORY: Eff 11-15-82; 10-1-88; 8-5-91 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.07 119.032 Review Date: 11-01-02 OAC 1501:13-4-04 PERMIT APPLICATION REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES. {{ 30 CFR Parts 779, 780, Secs. 701.5, 783.12, 783.24, 784.15, 785.17}} (A) General requirements. (1) This rule shall apply only to coal mining operations other than underground mining operations. (2) (a) Each application shall describe and identify the nature of cultural, historic and archeological resources listed or eligible for listing on the "National Register of Historic Places" and known archeological sites within the proposed permit and adjacent areas. The description shall be based on all available information, including, but not limited to, information from the state historic preservation officer and from local archeological, historical, and cultural preservation agencies. (b) The chief may require the applicant to identify and evaluate important historic and archeological resources that may be eligible for listing on the "National Register of Historic Places," through: (i) Collection of additional information; (ii) Conduct of field investigations; or (iii) Other appropriate analyses. (3) Each application shall describe and identify the lands subject to coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought. (B) Description of hydrology and geology; general requirements. Each application shall contain a description of surface and ground water within the general area, and any water which will flow into or receive discharges of water from the permit area. The description shall be prepared in the manner required by paragraphs (B) to (G) of this rule, and conform to the following: (1) Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the general area shall be provided by the chief, to the extent that this data is available from an appropriate federal or state agency. (2) If this information is not available from those agencies, the applicant may gather and submit this information to the chief as part of the permit application. (3) The permit shall not be approved by the chief until this information is made available in the application. (C) Geology description. (1) Each application shall include geologic information in sufficient detail to assist in determining: (a) The probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface and groundwater monitoring is necessary. (b) All potentially acid- or toxic- forming strata down to and including the stratum immediately below the lowest coal seam to be mined; and (c) Whether reclamation as required by these rules can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. (2) (a) The description shall include a general statement of the geology within the proposed permit area and adjacent areas down to and including the deeper of either the first stratum below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely affected by mining. It shall also include the areal and structural geology of the permit and adjacent areas, and the other parameters which influence the required reclamation, and shall show how the areal and structural geology may affect the occurrence, availability, movement, quantity, and quality of potentially affected surface and ground waters. It shall be based on: (i) The cross sections, maps and plans required by paragraph (K) of this rule; (ii) The information obtained under paragraph (C)(3) of this rule; and (iii) Geologic literature and practices. (b) Each application for a permit shall contain the results of tests conducted on the area of land to be mined. Unless the chief first approves a fewer number of test holes, such tests shall consist of test holes made by the boring or drilling method and be conducted at the rate of one test hole for each twenty-five acres of land or fraction thereof, which is underlain by coal on the area of land to be mined. At least one test hole shall be located on the highest elevation in the area of land to be mined. Holes shall be located as far apart as the size and shape of the area of land to be mined will allow. Such holes shall be drilled to the bottom of the material underlying the lowest coal seam to be mined and shall be staked or otherwise marked at the time of filing the application for a permit so as to be clearly visible at the approximate location, and shall be numbered. Such stakes or other markers shall be maintained until the permit to conduct a coal mining operation is granted or denied. (3) Test borings or core samples. (a) Test borings or core samples from the proposed permit area shall be collected and analyzed down to and including the stratum immediately below the lowest coal seam to be mined. Individual drilling reports shall be furnished for each test boring or core sampling and shall contain the following information on forms prescribed by the chief: (i) Location of subsurface water, if encountered; (ii) Lithologic characteristics including physical properties and thickness of each stratum and each coal seam; (iii) Chemical analyses to include pH, neutralization potential, potential acidity, total or pyritic sulfur, and calcium carbonate deficiency of each stratum; (iv) Analyses of the coal seam for acid-forming or toxic-forming materials, including, but not limited to, an analysis of the total sulfur and the sulfur present in pyrite and marcasite; (v) Identification of the test hole by the number assigned in paragraph (C)(2)(b) of this rule; and (vi) Identification of all coal seams by name and number. (b) To verify the results of the applicant's tests, the chief may, prior to approval of the application, require the applicant to drill additional test holes and provide the information required in paragraph (C)(3)(a) of this rule. (c) If more precise information than can be provided by drilling techniques is warranted by potentially adverse site conditions, the chief may require that the test hole information required in paragraph (C)(3) of this rule be obtained by core drilling. (4) Prior to submission of an application an applicant may request that the requirements of paragraphs (C)(2)(b) and (C)(3)(a) of this rule be waived by the chief. The waiver may be granted only if the chief makes a written determination that the statement required is unnecessary because other equivalent information is accessible to him in a satisfactory form. If the chief grants a waiver the waiver shall be submitted with the permit application. (D) Ground water information. (1) The application shall contain a description of the ground water hydrology for the proposed permit and adjacent areas, including, at a minimum: (a) The depth below the surface and the horizontal extent of the water table and aquifers; (b) The lithology and thickness of the aquifers; (c) Known uses of the water in the aquifers and water table; (d) The quality of subsurface water, if encountered; (e) The depth to the water in the coal seam if the seam is a water-bearing stratum, and each water- bearing stratum above and potentially affected water-bearing stratum below the coal seam; and (f) The approximate rate of discharge or usage of the water. (2) The application shall contain a water supply inventory to include, at a minimum: (a) A list of existing water wells on the proposed permit and adjacent areas to describe the quality and quantity of the ground water to include: (i) Identification number of the well; (ii) Surface elevation of the well; (iii) Depth of the well in feet below the land surface; (iv) Static water level of the well in feet below the land surface; (v) The lithology of the aquifer in which each well is developed; and (vi) Name of owner of the well; (b) A list of existing springs on the proposed permit and adjacent areas to include: (i) Identification number of the spring; (ii) Name of owner of any spring that is developed for use as a water supply; (iii) The surface elevation of the spring; and (iv) The aquifer each spring flows from; and (c) A list of the location and type of any public water supply sources on the permit and adjacent areas. (3) Where information required in the water supply inventory of paragraph (D)(2) of this rule is unobtainable, a statement to that effect shall be made, giving the reasons therefor. (4) The application shall contain the results of water quality analyses and measurements of static water level or discharge, conducted on at least ten (or all if less than ten) of the wells and springs on the permit and adjacent areas or twenty-five per cent of such wells and springs, whichever number is greater. (a) Wells and springs chosen for analysis and measurement shall, as a group, represent all known aquifers present in the permit and adjacent areas and shall, wherever possible, be those nearest to or on the permit area. (b) Sampling for water quality analysis shall be conducted at a minimum one time prior to submission of an application for a permit. (c) The measurement of static water level or discharge shall be conducted for each well and spring identified in paragraph (D)(4) of this rule at a minimum one time prior to submission of an application for a permit. (d) Water samples collected at the sites prescribed in paragraph (D)(4) of this rule shall be analyzed for the following parameters according to the methodology specified in 40 CFR parts 136 and 434: (i) pH in standard units; (ii) Total acidity in milligrams per liter of CaCO3; (iii) Total alkalinity in milligrams per liter of CaCO3; (iv) Total manganese in milligrams per liter; (v) Total iron in milligrams per liter; (vi) Total hardness in milligrams per liter of CaCO3; (vii) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade; and (viii) Other such information as the chief determines relevant. (e) The results of water quality analyses and measurements prescribed in paragraph (D) of this rule shall be reported on a form to be provided by the chief. (5) Water quality and quantity data sufficient to identify seasonal variations shall be submitted with an application for a permit. (E) Surface-water information. (1) Within the proposed permit and adjacent areas, all surface-water bodies such as streams, lakes and impoundments and all discharges from the permit area into surface-water bodies shall be described and sampled for analysis under paragraph (E) of this rule. The description shall include the name of any watershed that will receive water discharges, the name, ownership and location of all surface-water bodies and the known uses of the water in these water bodies. (2) Water samples collected under paragraph (E) of this rule shall be analyzed according to the methodology specified in 40 CFR parts 136 and 434. Surface water information shall include the following water quality data to identify the characteristics of surface waters within the proposed permit and adjacent areas: (a) Total suspended solids in milligrams per liter; (b) Total acidity in milligrams per liter of CaCO3; (c) Total alkalinity in milligrams per liter of CaCO3; (d) pH in standard units; (e) Total iron in milligrams per liter; (f) Total manganese in milligrams per liter; (g) Total dissolved solids or specific conductance corrected to twenty-five degrees centigrade; and (h) Other such information as the chief determines relevant. (3) Water quality and quantity data sufficient to identify seasonal variations shall be submitted with an application for a permit. (4) The results of water quality analyses and measurements prescribed in paragraph (E) of this rule shall be reported on a form to be provided by the chief. (F) Alternative water supply information. The application shall identify the extent to which the proposed coal mining operations may proximately result in contamination, diminution, or interruption of an underground or surface source of water that is for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the description shall contain information on water availability and alternative sources of water, including the suitability of alternative water sources for existing premining uses and approved post-mining land uses. (G) Supplemental information. If the determination of the probable hydrologic consequences required by paragraph (E)(2) of rule 1501:13-4-05 of the Administrative Code indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under paragraphs (D) and (E) of this rule shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analyses of other water quality or quantity characteristics. (H) Climatological information. (1) When required by the chief, the application shall contain a statement of the climatological factors that are representative of the proposed permit area, including: (a) The average seasonal precipitation; (b) The average direction and velocity of prevailing winds; and (c) Seasonal temperature ranges. (2) The chief may request such additional data as deemed necessary to ensure compliance with the requirements of these rules. (I) Land-use information. (1) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including: (a) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described. (b) A narrative of the land capability and productivity, which analyzes the land use described under paragraph (I)(1)(a) of this rule in conjunction with other environmental resources information required under these rules. The narrative shall provide analyses of: (i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area; and (ii) The productivity of the proposed permit area before mining, including appropriate classification as prime farmlands, as well as the average yield of food, fiber, forage, or wood products from the land obtained under high level of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States department of agriculture, state agricultural universities, or appropriate state natural resources or agricultural agencies. (2) The application shall state whether the proposed permit area has been previously mined, and if so, the following information, if available: (a) The type of mining method used; (b) The coal seams or other mineral strata mined; (c) The extent of coal or other minerals removed; (d) The approximate dates of past mining; and (e) The uses of the land preceding mining. (3) The application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed permit and adjacent areas. (J) Maps: general requirements. The permit application shall include an application map prepared by or under the direction of and certified by an engineer or a surveyor or jointly by a an engineer and a surveyor, to the extent such joint certification is required by state law, showing: (1) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area; noting the boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin coal mining operations and which areas the applicant does not yet have this right; (2) The location of all buildings on and within one thousand feet of the proposed permit area, with identification of the current use of the buildings using the map symbols set forth in rule 1501:13-4-10 of the Administrative Code; (3) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area; (4) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the chief, those surface waters which will receive discharges from affected areas in the proposed permit area and the location of any discharges to any surface body of water on or adjacent to the land to be affected; (5) Each public road located in or within one hundred feet of the proposed permit area; (6) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing on the "National Register of Historic Places" and known archeological sites within the proposed permit and adjacent area; (7) Each cemetery that is located in or within one hundred feet of the proposed permit area; (8) Any land within the proposed permit area or adjacent area which is within the boundaries of any units of the national system of trails or the wild and scenic rivers system, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act or study rivers or study river corridors as established in any guidelines pursuant to that act; (9) The boundaries and names of counties, municipal corporations, townships, section and lot lines within the permit area and within five hundred feet of the permit area; (10) The names, locations, and directions of flow of all perennial and intermittent streams within the permit area and within five hundred feet of the permit area; (11) The name of the drainage basin in which the permit area is located as listed in the "Gazetteer of Ohio Streams," published by the Ohio department of natural resources; (12) That part of the permit area that is prime farmland; (13) The areas of land to be permitted on which steep slope mining, mountaintop removal, and augering will be performed; (14) The drainage control system to include the location of: (a) Each sediment pond and the pond identification number; (b) Any diversions; and (c) Any treatment facilities. (15) All haul roads and access roads proposed to be constructed in conjunction with the operations, and all existing haul roads and access roads to be used in conjunction with the operation; (16) The location of the proposed final highwall for each coal seam to be mined; (17) The point at which mining operations will begin and the point at which mining operations will end on the permit area; (18) Elevations and locations of test borings and core samplings; (19) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application; (20) All coal crop lines and the strike and dip of the coal to be mined in the proposed permit area; (21) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent areas; (22) Location and extent of subsurface water, if encountered, within the proposed permit or adjacent areas; (23) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas; (24) Location and extent of existing or previously surface-mined areas within the proposed permit area; (25) Location and extent of existing areas of spoil, waste, and refuse, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area; (26) Location of gas and oil wells within the proposed permit area and water wells in the permit area and within one thousand feet of the permit area; (27) The location and start and end points of all submitted cross sections; (28) Sufficient slope measurements, in degrees, to adequately represent the existing land surface configuration of the proposed permit area; (29) The boundaries of all areas proposed to be affected over the estimated total life of the proposed mining operation, with a description of size, sequence, and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought; (30) Buildings, utility corridors; (31) Each coal storage, cleaning and loading area; (32) Each topsoil, spoil, coal waste, and noncoal waste storage area; (33) Each air pollution collection and control facility; (34) Each facility to be used to protect and enhance fish and wildlife and related environmental values; (35) Each explosive storage and handling facility; and (36) Other relevant information required by the chief. (K) Supplementary maps, cross sections, designs and plans. When necessary under these rules, the application shall include: (1) Designs and plans prepared and certified by an engineer for the following: (a) Sedimentation ponds, impoundments, coal mine waste banks, and coal mine waste dams; (b) Spoil disposal facilities; (c) The sealing or managing of any mine openings within the proposed permit area; (d) 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; and (e) Road stream crossings, bridges, culverts, drainages, ditches, drainage structures, road cuts, and fill embankments. (2) Supplementary maps and cross sections, prepared by or under the direction of and certified by an engineer or a surveyor or jointly by an engineer and a surveyor to the extent such joint certification is required by state law, showing: (a) Each sedimentation pond, permanent water impoundment, coal mine waste bank and coal mine waste dam; (b) The fill area for the disposal of excess spoil; (c) The nature, depth, and thickness of the coal seams to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined; (d) The permit area, the original surface topography and the proposed final surface contour; (e) The location of the proposed final highwall; (f) The location of each waste disposal facility relating to coal processing or pollution control; (g) The location of any mine openings within the proposed permit area; (h) 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; and (i) Road widths, road gradients, road surfaces, road cuts, fill embankments, culverts, bridges, drainages, ditches, and drainage structures. (L) Prime farmland investigation. (1) The applicant shall conduct a pre-application investigation of the proposed permit area to determine whether lands within the area may be prime farmland. The chief, in consultation with the U.S. soil conservation service, shall determine the nature and extent of this investigation. (2) Land shall not be considered prime farmland if the applicant can demonstrate that: (a) The land has not been historically used for cropland; or (b) On the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the U.S. soil conservation service. (3) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of paragraph (L)(2) of this rule. (4) If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the U.S. soil conservation service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed permit area, the applicant shall cause a survey to be made that is of the detail of a second order soil survey used by the U.S. soil conservation service for operational conservation planning. This survey shall be used to identify and locate prime farmland soils. (a) When a soil survey made pursuant to paragraph (L)(4) of this rule indicates that the land contains soil map units which have been designated as prime farmlands, the applicant shall submit an application, in accordance with the requirements of paragraph (F) of rule 1501:13-4-12 of the Administrative Code for such designated land. (b) When a soil survey made pursuant to paragraph (L)(4) of this rule indicates that the land contains soil map units which have not been designated as prime farmland after review by the U.S. soil conservation service, the applicant shall submit a request for negative determination for non-designated land with the permit application establishing compliance with paragraph (L)(2) of this rule. HISTORY: Eff 8-28-78; 5-1-80; 8-16-82 (Emer.); 11-15-82; 11-23-83 (Emer.); 3-4-84; 8-12-85 (Emer.); 2-20-86; 10-1-88 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.07 119.032 Review Date: 11-01-02 OAC 1501:13-4-05 PERMIT APPLICATION REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS. {{ 30 CFR Parts 780, 784, Secs. 77.216, 784.16, 784.24, 816.49, 816.151, 817.49, 817.151 }} (A) Operation plan: general requirements. (1) This rule shall apply only to coal mining operations other than underground mining operations. (2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, 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; (i) The description shall identify the mining method as area mining, contour mining, another named mining method, or combination of methods to be identified by name; (ii) For contour mining or area mining, the description shall include, at a minimum, the maximum extent of cover to be mined, the location where the mining will begin, the direction the mining will proceed, and the ending point of the operation. If the mining operation will utilize multiple pits, the description shall be included for each mining pit; (iii) For mining methods other than area mining or contour mining, or for combinations of methods, the description shall include each of the items required under paragraph (A)(2)(a)(ii) of this rule and in addition shall include other information that demonstrates the orderly and reasonable progression of mining, including, but not limited to, spoil placement plans, proposed locations of haul roads that will be used or retained for an extended period of time, and the intended timing of mining operations. (iv) The description shall specify for the mining method(s) proposed how the time and distance requirements of rule 1501:13-9-13 of the Administrative Code will be met; 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): (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. (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, whether the structure meets the performance standards of rules 1501:13-8=01 to 1501:13-13-07 of the Administrative Code or, if the structure does not meet the performance standards of rules 1501:13-8-01 to 1501:13-13-07 of the Administrative Code, a showing whether the structure meets the performance standards of Chapter 1501:13-2 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. Each 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) A 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 regulatory 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 these rules. The plan shall include, at a minimum, all information required under paragraphs (D) to (P) 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 which, at a minimum, addresses the reclamation timing requirements of paragraph (A) of rule 1501:13-9-13 of the Administrative Code, and is specific to the mining method described in accordance with paragraph (A)(2)(a) of this rule; (b) A description of the backfilling, soil stabilization and grading; (c) A description of the removal, storage, and redistribution of 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 of the Administrative Code 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 the 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 coal 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 water; (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 activities, 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) Restore the approximate recharge capacity of the proposed permit area in accordance with paragraph (L) of rule 1501:13-9-04 of the Administrative Code and protect or replace rights of present water users; (g) 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; (h) 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 (i) Meet applicable state and federal 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 coal 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. (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. The 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. (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 postmined 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 CFR part 434. (b) The plan shall identify the surface-water quantity and the 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 CFR parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority. (iii) The 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 policies 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 alternative use 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 sedimentation pond, 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, 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 CFR 77.216(a), 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 MSHA, 30 CFR 77.216(a), 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 CFR 77.216(a), shall contain the information required under 30 CFR 77.261-2(a). The plan required to be submitted to the district manager of MSHA under 30 CFR 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 30 CFR 77.216 (a) and located where failure would not be expected to cause loss of life or serious property damage 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:iv (ten percent), 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) Sedimentation ponds. (a) Permanent and temporary sedimentation ponds 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 sedimentation pond 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 sedimentation pond that meets or exceeds the size or other criteria of MSHA, 30 CFR 77.216(a), shall contain the information required under 30 CFR 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 CFR 77.216(a), shall contain the information required under 30 CFR 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 is twenty feet or higher or impounds more than twenty acre-feet, 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 be 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. (I) Surface mining near underground mining. For surface mining operations within the proposed permit area to be conducted within five hundred feet of an underground mine either active or abandoned, the application shall describe the measures to be used to comply with rule 1501:13-9-08 of the Administrative Code. (J) 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. (K) Protection of public parks and historic places. (1) For any publicly owned parks or any places listed on the "National Register of Historic Places" 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. (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" 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. (L) 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 operations 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. (M) 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 drainage way under rule 1501:13-10-01 of the Administrative Code; (c) A description of measures, other than use of a rock head wall, 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; and (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. (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. (f) Each plan shall contain a general description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. (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 paragraph (JJ) of rule 1501:13-1-02 of the Administrative Code, will not impound water for an extended period of time. (N) 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 key-way cuts which shall be determined in accordance with paragraph (N)(2)(e) of this rule. (O) Air pollution control plan. Each 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 (O)(2) of this rule to comply with applicable federal and state air quality standards; and (2) A plan for fugitive dust control practices. (P) 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 shall be sufficient to design the protection and enhancement plan required under paragraph (P)(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 (P)(1) of this rule; (iii) Include protective measures that will be used during the active mining phase of the 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 the 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 (P)(1) of this rule and the protection and enhancement plan required under paragraph (P)(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. HISTORY: Eff 8-16-82; 11-15-82; 11-23-83; 2-1-84; 1-15-87; 10-1-88; 8-19-89; 1-1-93; 5-29-95; 12-7-95 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.07 119.032 Review Date: 11-1-98, 11-1-03 OAC 1501:13-4-06 PERMIT APPLICATIONS, REVISIONS, AND RENEWALS, AND TRANSFERS, ASSIGNMENTS, AND SALES OF PERMIT RIGHTS. {{ 30 CFR Part s 774, 775, Sec. 701.5 }} (A) Applications for permits and permit renewals shall: (1) Be submitted on forms provided by the chief; (2) Be filed with the proper number of copies and at places designated by the chief; (3) Be considered complete when all the items required by section 1513.07 of the Revised Code and these rules have been received by the chief. The chief shall notify the applicant in writing if any application received by the chief is incomplete, listing the items required to make the application complete. If the application is complete, the chief shall begin processing the application and notify the applicant of the application number assigned by the chief, so that this number may appear in the public notice required by division (A) of section 1513.071 of the Revised Code. An application for an area adjacent to a permit issued pursuant to section 1513.07 of the Revised Code and these rules may reference information previously submitted as part of the application for that permit if the information is applicable; (4) Show the name, address, and telephone number of the person who prepared the application if that person is someone other than an employee of the applicant; (5) Include the name and address of the newspaper in which the applicant is to publish the notice required by division (B)(2)(f) of section 1513.07 of the Revised Code; (6) Include the telephone number of the applicant, of the operator if the applicant is not the operator, and of the statutory agent; and (7) Include the federal tax identification number of the applicant, or the social security number of the applicant, if the applicant is a sole proprietorship or partnership. (B) Additional requirements for permit renewals. (1) Any permit issued shall have the right of successive renewal upon expiration, provided the renewal complies with the requirements of paragraphs (A) and (B) of this rule. (2) In addition to the requirements of paragraph (A) of this rule, an application for renewal shall: (a) Be filed with the chief at least one hundred twenty days before the expiration of the permit involved; and (i) Be submitted on an application form for a new permit if the renewal application includes land area that was not in the valid existing permit; or (ii) Be submitted on a permit renewal application form if the renewal application includes only land area that was in the valid existing permit; and (b) Include the name and address of the permittee, the term of the renewal requested, and the permit number; (c) Include evidence that a liability insurance policy or adequate self-insurance under rule 1501:13-7-07 of the Administrative Code will be provided by the applicant for the proposed period of renewal; (d) Include evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested, as well as any additional bond required by the chief pursuant to Chapter 1501:13-7 of the Administrative Code; (e) Include additional revised or updated information required by the chief; (f) Be subject to the requirement of division (A)(4) of section 1513.07 of the Revised Code; (g) Include a copy of the newspaper notice and proof of publication as required by rule 1501:13- 4-03 of the Administrative Code; and (h) Be subject to the public notification, public participation, and hearing provisions in sections 1513.07 and 1513.071 of the Revised Code. (3) Applications for renewal that include proposed revisions to the permit. (a) If an application for renewal that includes proposed revisions to the permit is submitted on an application form for a new permit pursuant to paragraph (B)(2)(a)(i) of this rule, then the requirements for a permit revision under paragraph (E) of this rule shall not apply. (b) If an application for renewal that includes any proposed revisions to the permit is submitted on a permit renewal form pursuant to paragraph (B)(2)(a)(ii) of this rule, then the revisions shall be identified and subject to the requirements of paragraph (E) of this rule. (4) In the determination of whether to approve or deny a renewal of a permit, the burden of proof shall be on the opponents of renewal. (C) Any revisions to an application shall: (1) Be initialed and dated by the person making revisions. The name of the person shall be provided in the application in the space provided; and (2) Be acknowledged in writing by the signature of the applicant in the application in the space provided. Such acknowledgment shall be dated by the applicant. (D) For an application for which the applicant requests the chief to prepare the determinations of the probable hydrologic consequences as provided for by division (A)(4) of section 1513.02 of the Revised Code: (1) The applicant shall submit: (a) A request in writing to the chief at least sixty days prior to the time that the applicant intends to submit the application for a permit; (b) On forms provided by the chief, the following information: (i) The name of the watershed and location of the stream which will receive drainage discharged from the mining operation (the location of the stream may appear on the hydrologic map); (ii) A statement of the quality and locations of subsurface water as required by division (B)(2)(n)(ii) of section 1513.07 of the Revised Code; (iii) A description of the measures to be taken during mining and reclamation to assure protection of the quality and quantity of surface and ground water systems both on and off-site from the adverse effects of the mining and reclamation operations as required by division (C)(13) of section 1513.07 of the Revised Code; and (iv) A description of the steps to be taken to comply with applicable water quality laws and regulations; (c) A map prepared in accordance with division (B)(2)(m) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code showing the information required by division (B)(2)(m) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code; (d) Cross-section maps or plans as related to hydrologic studies prepared in accordance with division (B)(2)(n)(i) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code, showing the information required by division (B)(2)(n)(i) of section 1513.07 of the Revised Code and Chapter 1501:13-4 of the Administrative Code; and (e) The results of test borings as required by division (C)(12) of section 1513.07 of the Revised Code, submitted on a form provided by the chief; (2) If the items required by paragraph (D)(1) of this rule are not complete or need revision, the chief shall not be required to prepare the determination of the probable hydrologic consequences. The chief shall notify the requestor by certified mail of those items that are incomplete or need revision. The sixty-day time period for preparation by the chief shall stop on the date the requestor receives the certified mail or reasonably should have received the certified mail, whichever is earlier. The sixty-day period shall resume upon receipt by the division of reclamation of the items that need to be completed or revised; (3) The chief shall prepare the determination of the probable hydrologic consequences within sixty days of receipt of the items required by paragraph (D) of this rule. Those days during which the requestor is revising or making the request complete shall not be included in the sixty days allowed the chief; (4) The chief shall submit the prepared determination of the probable hydrologic consequences to the requestor and at the same time return the items that were required to be submitted by the requestor by paragraph (D) of this rule; and (5) The person requesting the preparation of the determination of the probable hydrologic consequences shall include the chief's determination as part of his complete application for a permit. (E) Revisions to permits shall: (1) Be obtained when: (a) There are changes from the mining or reclamation operations as described in the approved plans for the original permit; (b) Required by an order issued pursuant to paragraph (G) of this rule; (c) As otherwise required by Chapter 1513. of the Revised Code or these rules; (2) Be subject to the notice and hearing requirements when the changes in the mining and reclamation plan constitute a significant alteration from mining and reclamation operations contemplated in the original permit. Changes which constitute a significant alteration are those which: (a) Revise the plan to include the dumping of hazardous chemical wastes and solid wastes; (b) Revise the plan to include the permanent relocation of a perennial stream; (c) Revise the plan to include the use of explosives; (d) Revise the plan to include the construction of an excess spoil disposal fill; (e) Revise the plan to include the construction of a coal processing waste bank; (f) Revise the plan to include the use of waste material as fill; (g) Revise the plan to change the postmining land use pursuant to rule 1501:13-9-17 of the Administrative Code; (h) Revise the plan to change the subsidence control plan; (i) Revise the plan to change to a concurrent surface and underground mining operation; (j) Revise the plan to include the construction of either a permanent or temporary impoundment that has an embankment more than twenty feet in height, as measured from the upstream toe of the embankment to the crest of the emergency spillway or has a storage volume of twenty-acre feet or more; (k) Revise the plan to include a variance from approximate original contour; or (l) Any other revision which the chief, by order, determines to be significant; (3) Be filed with the chief: (a) Prior to making changes in the mining and reclamation operations; (b) If the change is required by paragraph (G) of this rule, within the time period specified in the order; (4) Be approved or disapproved by the chief within ninety days of receipt of a complete revision request, provided that failure to disapprove shall not be deemed approval and that significant revisions in the reclamation plan shall be subject to notice and hearing requirements in accordance with paragraph (E)(2) of this rule; (5) Be reviewed by the chief to determine whether a new or updated probable hydrologic consequences determination shall be required pursuant to either paragraph (E)(2) of rule 1501:13-4-05 or paragraph (E)(2) of rule 1501:13-4-14 of the Administrative Code; and (6) Be reviewed by the chief to determine whether a new or updated cumulative hydrologic impact assessment shall be required pursuant to divisions (B)(2)(k) and (E)(2)(c) of section 1513.07 of the Revised Code. (F) Any extensions to the area covered by a permit, except for incidental boundary revisions, shall be made by application for a new permit. (G) The chief shall review each permit. (1) Review by the chief shall occur not later than the middle of the permit term or every five years whichever is more frequent. After this review, the chief may require, by order to the permittee, reasonable revision or modification of the permit provision to ensure compliance with Chapter 1513. of the Revised Code and these rules. (2) Permits that include provisions for mountaintop removal operations, experimental practices, variances from approximate original contour, or variances for delay in contemporaneous reclamation for combined strip and underground mining operations shall be reviewed by the chief as required by rule 1501:13-4-12 of the Administrative Code. Upon completion of the review, the chief may order revisions or modifications of the mining and reclamation plan to ensure compliance with Chapter 1513. of the Revised Code and Chapter 1501:13-9 of the Administrative Code. The order shall be in writing and shall set forth the findings that require the revisions or modifications. (H) Transfer, assignment, or sale of permit rights. (1) Any person seeking to succeed by transfer, assignment, or sale to the rights granted by a permit shall, prior to the date of such transfer, assignment or sale: (a) Obtain the performance bond coverage of the original permittee by: (i) Obtaining transfer of the original bond; or (ii) Providing sufficient bond in accordance with Chapter 1501:13-7 of the Administrative Code. (b) Obtain insurance coverage in accordance with Chapter 1501:13-7 of the Administrative Code; (c) Provide the chief with an application for approval of such proposed transfer, assignment, or sale including: (i) The name and address of the existing permittee and permit number; (ii) A brief description of the proposed action requiring approval; (iii) The name and address of the person proposing to succeed by such transfer, assignment, or sale and the name and address of that persons's resident agent; and (iv) The same information as is required by rules 1501:13-4-03 and 1501:13-7-07 of the Administrative Code for applications for new permits for those activities; and (d) Obtain the written approval of the chief for transfer, assignment, or sale of rights, according to paragraph (H)(4) of this rule. (2) Prior to the approval of the transfer, assignment or sale, the chief may require that any civil penalties assessed on the permit be paid. No transfer, assignment or sale will be approved if the person succeeding to the permit owes civil penalties to the state. (3) Advertisement and comment. (a) The person applying for approval of such transfer, assignment or sale of rights granted by a permit shall advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the original permittee, the permit number and particular geographic location of the permit, and the address to which written comments may be sent under this paragraph. (b) Any person whose interests are or may be adversely affected, including, but not limited to, the head of any local, state or federal government agency may submit written comments on the application for approval to the chief within ten days after the advertisement of the application is published. (4) The chief may, upon the basis of the applicant's compliance with the requirements of paragraphs (H)(1) to (H)(3) of this rule, grant written approval for the transfer, sale, or assignment of rights under a permit, if he first finds, in writing, that: (a) The person seeking approval will conduct the operations covered by the permit in accordance with the requirements of Chapter 1513. of the Revised Code and these rules; (b) The applicant is eligible to receive a permit in accordance with paragraphs (E) and (F) of rule 1501:13-5-01 of the Administrative Code; (c) The applicant has, in accordance with paragraph (H)(1)(a) of this rule, submitted a performance bond as required by Chapter 1501:13-7 of the Administrative Code and at least equivalent to the bond of the original permittee; and (d) The applicant will continue to conduct the operations involved in full compliance with the terms and conditions of the original permit, unless and until it has obtained a new permit. (5) Notification. (a) The chief shall notify the permittee, the successor, commenters, and the office of surface mining of his findings. (b) The successor shall immediately provide written notice to the chief of the consummation of the transfer, assignment, or sale or permit rights. (I) The permittee shall notify the chief of any change in the persons required to be shown in the permit application, pursuant to division (B)(2)(d) of section 1513.07 of the Revised Code. The notification shall: (1) Be in writing; (2) State the effective date of the change; (3) Indicate the name of any person no longer with the permittee; and (4) Indicate the name, address and position of any new person. (J) The permittee shall notify the chief in writing of any change in the address of the principal place of business required in the permit application, pursuant to rule 1501:13-4-03 of the Administrative Code. (K) For those applicants who qualify for the small operator assistance program (S.O.A.P.), The applicant shall initiate action for the assistance sufficiently in advance to allow the division the time to prepare the information required by S.O.A.P. The applicant shall be required to submit his S.O.A.P. prepared information at the time of filing his complete permit application. (L) Subsequent to any amendment of Chapter 1513. of the Revised Code or adoption of new or amended rules, the applicant shall revise those applications on file with the chief to comply with the permit requirements of the amended chapter or new or amended rules. This paragraph does not apply to those applications for which a permit has been issued except as provided under paragraph (G) of this rule. (M) Determinations of the chief under this rule may be appealed to the reclamation board of review pursuant to section 1513.13 of the Revised Code. HISTORY: Eff 10-27-82; 10-1-88; 8-22-94 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.07 119.032 Review Date: 11-1-98, 11-1-03 OAC 1501:13-4-07 ANNUAL REPORTS AND MAPS. Within thirty days after each anniversary date of the issuance of a coal mining and reclamation permit, the permittee shall file the following with the chief: (A) An annual report that shall: (1) Be on a form prescribed and provided by the chief. (2) Include the following estimates of acreages: (a) The number of acres affected during the mining year for which the report is being filed; (b) The number of acres to be reclaimed that were affected during the mining year for which the report is being filed; (c) Cumulative total of acres affected during the permit period to include the acres affected during the mining year for which the report is being filed; (d) The number of acres to be affected during the next year of the mining operation. (3) Provide the following location information for each of the acreage estimates required by paragraph (A)(2) of this rule: (a) County; (b) Township; (c) Township-range designation; and (d) Section number and/or lot number. (4) Provide the following bonding information: (a) The type of bond on deposit and the amount of bond by type; (b) For surety bond, if more than one surety company, provide the following for each surety company: (i) Name of surety company; (ii) Number of acres bonded as of the anniversary date; (iii) Number of acres affected during the mining year that were bonded; (iv) Number of acres to be reclaimed the following year that were bonded; (v) Number of acres to be affected during the next year that are bonded; (vi) Cumulative total of acres affected that are bonded. (c) The number of acres reported as affected or to be affected that are not bonded. (5) Include the number of tons of coal produced for the permit during the mining year for which the report is filed. (B) An annual map that shall be prepared by or under the direction of a qualified registered professional engineer or