OHIO REGULATORY PROGRAM OHIO ADMINISTRATIVE CODE [OAC] 1501:13 DIVISION OF MINES AND RECLAMATION - COAL [Current as of January 2002] CHAPTER 1501:13-9 IDENTIFICATION OF MINE AREA: ENVIRONMENTAL INTEGRITY; POSTMINING USE OF LAND OAC 1501:13-9-01 Signs and markers OAC 1501:13-9-02 Casing and sealing of drilled holes OAC 1501:13-9-03 Topsoil handling OAC 1501:13-9-04 Protection of the hydrologic system OAC 1501:13-9-05 Coal recovery OAC 1501:13-9-06 Use of explosives OAC 1501:13-9-07 Disposal of excess spoil OAC 1501:13-9-08 Protection of underground mining OAC 1501:13-9-09 Disposal of coal mine wastes and noncoal mine wastes OAC 1501:13-9-10 Training, examination, and certification of blasters OAC 1501:13-9-11 Protection of fish, wildlife, and related environmental values OAC 1501:13-9-12 Slides and other damage OAC 1501:13-9-13 Contemporaneous reclamation OAC 1501:13-9-14 Backfilling and grading OAC 1501:13-9-15 Revegetation OAC 1501:13-9-16 Cessation of operations OAC 1501:13-9-17 Postmining use of land OAC 1501:13-9-18 Extension of time for limestone, clay and shale removal 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 1501:13-9-01 SIGNS AND MARKERS. {{ 30 CFR 816.11, 817.11 }} (A) All signs and markers required to be posted shall be of uniform design throughout the operation, easily visible, and shall be made of durable material. The signs and markers shall be maintained during all operations to which they pertain and shall conform to local ordinances and codes. (B) Signs identifying the mine area shall be displayed at all points of access to the permit area from public roads and highways. Signs shall clearly show the name, business address, and telephone number of the operator and the permit number issued by the division of reclamation. Such signs shall not be removed until after release of all bonds. (C) An applicant shall define the perimeter of the proposed permit area by means of clearly visible markers prior to filing his application for a permit. Such markers shall substantially comply with the following: (1) Markers shall include, but shall not be limited to, fence posts, trees, engineering lath or stakes; (2) Markers shall be either marked with six inches of orange paint, or marked with an orange plastic flag, approximately three feet above the ground; (3) Each marker shall be firmly placed with at least three feet extending above ground; (4) Markers shall be located not more than four hundred feet apart on areas of land to be affected of ten acres or more, and not more than two hundred feet apart on areas of land to be affected of less than ten acres. (D) This rule does not apply to that portion of any perimeter which overlaps or is contiguous to an area currently permitted to the same operator. All perimeter markers shall be maintained with reasonable diligence in place until final grading is approved. (E) Where topsoil or other vegetation-supporting material is segregated and stockpiled according to rule 1501:13-9- 03 of the Administrative Code, the stockpiled material shall be marked. Markers shall remain in place until the material is removed. (F) Buffer zones shall be marked along their boundaries as required by paragraph (C) of this rule. HISTORY: Eff 8-28-78; 10-27-82; 10-21-88 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.16 119.032 Review Date: 11-1-99 OAC 1501:13-9-02 CASING AND SEALING OF DRILLED HOLES. {{ 30 CFR 816.13, 816.14, 816.15, 817.13, 817.14, 817.15 }} (A) General requirements. Each exploration hole, other drill or borehole, shaft, well, or other exposed mine opening shall be cased, sealed, or otherwise managed, as approved by the chief to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery in the permit and adjacent areas. If these openings are uncovered or exposed by coal mining activities within the permit area they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the chief. Use of a drilled and cased hole or borehole or monitoring well as a water well must meet the provisions of rule 1501:13-9-04 of the Administrative Code. This rule does not apply to holes solely drilled and used for blasting. (B) Temporary sealing of drilled holes. (1) For all coal mining operations, each exploration hole, other drill or boreholes, wells, and other exposed openings which have been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor ground water conditions, shall be temporarily sealed before use and protected during use by barricades, fences, or other protective devices approved by the chief. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the coal mining activities. (2) For underground mining operations only, each mine entry which is temporarily inactive, but has a further projected useful service under the approved permit application, shall be protected by barricades or other covering devices, fenced, and posted with signs, to prevent access into the entry and to identify the hazardous nature of the opening. These devices shall be periodically inspected and maintained in good condition by the person who conducts the underground mining activities. (C) Permanent sealing of drilled holes. When no longer needed for monitoring or other use approved by the chief upon a finding of no adverse environmental or health and safety effect, or unless approved for transfer as a water well under rule 1501:13-9-04 of the Administrative Code, each exploration hole, other drilled hole or borehole, well, and other exposed opening, and for underground mining operations each shaft, drift, adit, tunnel, exploratory hole, entryway or other opening to the surface from underground, shall be capped, sealed, backfilled, or otherwise properly managed, as required by the chief under paragraph (A) of this rule. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish, and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters. HISTORY: Eff 10-27-82 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.16 119.032 Review Date: 11-1-99 OAC 1501:13-9-03 TOPSOIL HANDLING. {{ SMCRA 101(f), 515(b); 30 CFR 816.22, 817.22 }} (A) To prevent topsoil from being contaminated by spoil or waste materials or otherwise wasted, the operator shall remove the topsoil as a separate operation from areas to be disturbed. Topsoil shall be immediately redistributed according to the requirements of paragraph (C) of this rule on areas graded to the approved postmining configuration. The topsoil shall be segregated, stockpiled, and protected from wind and water erosion and from contaminants which lessen its capability to support vegetation if sufficient graded areas are not immediately available for redistribution. Areas of surplus soil materials may be identified for use in future reclamation. (B) Topsoil to be salvaged shall be removed before any drilling for blasting, mining, spoil or other surface disturbance. (1) All topsoil shall be removed and if the topsoil is less than six inches, a six-inch layer that includes the topsoil and the unconsolidated materials immediately below the "A" horizon shall be removed and segregated for resoiling, unless an alternative material is approved by the chief of the division of reclamation in accordance with paragraph (B)(3) of this rule. (2) Where necessary to obtain soil productivity consistent with postmining land use, the chief of the division of reclamation may require that the subsoil be segregated and replaced prior to the redistribution of the topsoil. (3) Alternative resoiling materials may be used instead of, or as a supplement to, topsoil where the resulting soil medium is equal to or more suitable for vegetation or if the topsoil is of insufficient quantity or quality for sustaining vegetation and if all the following requirements are met: (a) The operator demonstrates that the alternative resoiling materials, or an overburden topsoil mixture is more suitable for restoring land capability and productivity by the results of chemical and physical analyses. These analyses shall include determinations of pH, per cent organic material, phosphorus, potassium, and texture class, and such other analyses as required by the chief of the division of reclamation. The chief of the division of reclamation may require the results of field-site trials or greenhouse tests be used to demonstrate the feasibility of using such alternative resoiling; (b) The chemical and physical analysis and the results of field-site trials and greenhouse tests are accompanied by a certification from a qualified soil scientist or agronomist; (c) If alternative resoiling materials are used, such materials are removed, segregated, and replaced in conformance with this rule. (4) If there is insufficient topsoil on the permit area, the applicant shall: (a) Identify the alternative resoiling materials to be used for resoiling; (b) Submit the results of the analysis required by paragraph (B)(3)(a) of this rule; (c) Submit certification by a qualified soil scientist or agronomist that the alternative resoiling materials are suitable for establishing the permanent vegetative species proposed by the applicant in his mining and reclamation plans; and (d) If alternative resoiling materials are to be used, submit a plan, where appropriate for the removal, segregation, and replacement of such materials. (5) Limits on topsoil removal area. Where the removal of vegetation materials, topsoil, or other materials may result in erosion which may cause air or water pollution: (a) The size of the area from which topsoil is removed at any one time shall be limited; (b) The surface soil layer shall be redistributed at a time when the physical and chemical properties of topsoil can be protected and erosion can be minimized; and (c) Such other measures shall be taken as the regulatory authority may approve or require to control erosion. (C) After final grading and before the topsoil or approved alternative resoiling materials are replaced, regraded land shall be scarified or otherwise treated to eliminate slippage surfaces and to promote root penetration. Topsoil, or approved alternative resoiling materials shall be redistributed in a manner that: (1) Achieves an approximate uniform thickness consistent with the postmining land uses; (2) Prevents excess compaction of the spoil and topsoil; and (3) Protects from wind and water erosion before and after seeding and planting. (D) If resoiling and protection of that resoiling cannot reasonably be done within a prescribed time limit because of climatic conditions existing at that time of the year, the permittee may apply to the chief for an extension of the time limit and the chief shall not issue a notice under paragraph (A) of rule 1501:13-7-06 of the Administrative Code during such time extension. (E) If the permit allows storage of topsoil or approved alternative resoiling materials, such materials shall be placed on a stable area within the permit area where it will not be disturbed or exposed to excessive water, wind erosion, unnecessary compaction and contamination by undesirable materials. Stockpiled materials shall be protected from wind and water erosion, unnecessary compaction, and contaminants either by: an effective cover of non-noxious, quick-growing annual and perennial plants, seeded or planted during the first normal period after removal for favorable planting conditions; or other methods demonstrated and approved by the chief to provide equal protection. Unless approved by the chief, stockpiled topsoil or approved alternative resoiling materials shall not be moved until required for redistribution on a disturbed area. (F) Nutrients and soil amendments in the amounts and analysis as determined by soil tests taken in accordance with agronomically acceptable practices shall be applied to the surface soil layer so that it will support the postmining requirements of rule 1501:13-9-17 of the Administrative Code and the revegetation requirements of rule 1501:13-9- 15 of the Administrative Code. HISTORY: Eff (Amended) 8-28-78; (Amended) 5-1-80; (Amended) 10-27-82; 8-5-91 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.16 119.032 Review Date: 11-1-99 OAC 1501:13-9-04 PROTECTION OF THE HYDROLOGIC SYSTEM. {{ 30 CFR 77.216, 780.21, 780.25, 784.14, 784.16, 784.25, 816.41, 816.42, 816.43, 816.45, 816.46, 816.47, 816.49, 816.57, 816.102, 816.111, 817.41, 817.42, 817.43, 817.45, 817.46, 816.47, 817.49, 817.57, 817.102, 817.111, 817.121 }} (A) General. Mining shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance in both the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the requirements of these rules. The chief may require additional preventive, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment. (B) Water quality standards and effluent limitations. (1) All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area until vegetation is established, at which time vegetation of the area may be the best technology currently available, provided that drainage from the area: (a) Meets effluent limitations; and (b) Does not contribute suspended solids to streamflow. (2) Sedimentation ponds and other treatment facilities shall be maintained until the quality of the untreated drainage from the disturbed area meets the applicable state and federal water quality standard requirements. (3) The chief may grant exemptions from the requirements of paragraph (B)(1) of this rule only when: (a) The chief determines that the disturbed drainage area relative to the total disturbed area is small; (b) Alternative sediment control measures are provided, if required by the chief; and (c) The operator demonstrates that the drainage from the disturbed area will meet the effluent limitations of these rules. (4) For the purposes of this rule only, "disturbed area" shall not include those areas in which only diversion ditches, sedimentation ponds, or roads are installed in accordance with this rule and rule 1501:13-10-01 of the Administrative Code and the upstream area is not otherwise disturbed by the person who conducts coal mining operations. (5) Before mining commences in any watershed: (a) A proper sediment control system including sedimentation ponds, diversions, and other treatment methods shall be constructed; and (b) Upon completion of construction, this sediment control system shall be certified by an engineer or jointly by an engineer and a surveyor, to the extent such joint certification is required or permitted by the chief as meeting the dimensions and design criteria set forth in the engineering plans, drawings, and design details submitted as part of the application for a permit. (6) Point source discharge of water from areas disturbed by coal mining operations shall be made in compliance with effluent limitations of all applicable federal and state laws and regulations. All other surface drainage shall not cause additional contributions of suspended solids to streamflows. (7) Where the sedimentation pond or series of sedimentation ponds is used so as to result in the mixing of drainage from the disturbed areas with drainage from other areas not disturbed by current surface coal mining and reclamation operations, the permittee shall achieve the effluent limitations for all of the mixed drainage when it leaves the permit area. (C) All facilities utilized by an operator to achieve compliance with federal and state water quality laws shall be properly installed, maintained and operated so that they will perform the functions for which they were designed, and shall be removed in accordance with this rule when no longer needed, unless they have been approved as part of the postmining land use. (D) Sediment control measures. (1) The purpose of this rule is to meet the applicable state and federal effluent limitations by means of a combination of sediment control measures which, taken together, comprise a complete sediment control system. (2) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to: (a) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area; (b) Meet the more stringent of applicable state or federal effluent limitation; and (c) Minimize erosion to the extent possible. (3) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to: (a) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling and grading, and prompt revegetation as required in rule 1501:13-9-15 of the Administrative Code. (b) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of rule 1501:13-9-14 of the Administrative Code; (c) Retaining sediment within disturbed areas; (d) Diverting runoff away from disturbed areas; (e) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion; (f) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout pons, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and (g) Treating with chemicals. (E) Stream buffer zones. (1) No land within one hundred feet of a perennial or intermittent stream shall be disturbed unless the chief specifically authorizes coal mining operations closer to or through such a stream. The chief may authorize such operations only upon finding that: (a) The operations will not cause or contribute to the violation of applicable state or federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and (b) If there will be a temporary or permanent stream channel diversion, it will comply with paragraph (F) of this rule. (2) The area not to be disturbed shall be described as a buffer zone, and the operator shall mark it as specified by paragraph (F) of rule 1501:13-9-01 of the Administrative Code. (F) Diversions. (1) General requirements. (a) With the approval of the chief, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of paragraph (G) of this rule for siltation structure removal, may be diverted away from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the chief under paragraph (Q) of this rule. (b) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to: (i) Be stable; (ii) Provide protection against flooding and resultant damage to life and property; (iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and (iv) Comply with all applicable local, state, and federal laws and regulations. (c) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with these rules. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat. (d) The chief may specify design criteria for diversions to meet the requirements of this rule. (2) Diversion of perennial and intermittent streams. (a) Diversion of perennial and intermittent streams within the permit area may be approved by the chief after making the finding relating to stream buffer zones that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream. (b) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion. (c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a ten-year, six hour precipitation event for a temporary diversion and a one-hundred-year, six hour precipitation event for a permanent diversion. (d) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by an engineer as meeting the performance standards of Chapter 1501:13-9 of the Administrative Code and any design criteria set by the chief. (3) Diversion of miscellaneous flows. (a) Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the chief. Miscellaneous flows shall include ground-water discharges and ephemeral streams. (b) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in paragraph (F)(1) of this rule. (c) The requirements of paragraph (F)(1)(b)(ii) of this rule shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a two-year, six hour precipitation event for a temporary diversion and a ten-year, six hour precipitation event for a permanent diversion. (G) Siltation structures. (1) Definitions. For the purposes of this rule only: (a) "SILTATION STRUCTURE" means a sedimentation pond, a series of sedimentation ponds, or other treatment facility; (b) Disturbed area shall not include those areas: (i) In which the only surface mining operations include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with these rules; and (ii) For which the upstream area is not otherwise disturbed by the operator. (c) "OTHER TREATMENT FACILITY" means any chemical treatment, such as flocculation, or mechanical structure, such as a clarifier, that has a point-source discharge and that is utilized to prevent additional contribution of suspended solids to streamflow or runoff outside the permit area. (2) General requirements. (a) Additional contributions of suspended solids sediment to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available. (b) All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (B)(3) or (G)(2)(e) of this rule. (c) Siltation structures for an area shall be constructed before beginning any surface mining operations in that area and, upon construction, shall be certified by an engineer as being constructed as designed and as approved in the reclamation plan. (d) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with paragraph (H) of this rule. (e) Siltation structures shall be maintained until removal is authorized by the chief and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than two years after the last augmented seeding, unless, after vegetation is established, the operator demonstrates and the chief approves under paragraph (E)(1)(g) of rule 1501:13-4-05 or paragraph (E)(1)(g) of rule 1501:13-4-14 of the Administrative Code alternative methods of sediment control as the best technology currently available. (f) When a siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and rule 1501:13-9-15 of the Administrative Code. (3) Sedimentation ponds. (a) When used, sedimentation ponds shall: (i) Be used individually or in series; (ii) Be located as near as possible to the disturbed area and out of perennial streams unless approved by the chief; and (iii) Be designed, constructed, and maintained to: (a) Provide adequate sediment storage volume; (b) Provide adequate detention time to allow the effluent from the ponds to meet state and federal effluent limitations; (c) Contain or treat the ten-year twenty-four hour precipitation event ("design event") unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and on a demonstration by the operator that the effluent limitations of this rule will be met; (d) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraph (G)(3)(a)(iii)(b) of this rule; (e) Minimize, to the extent possible, short circuiting; (f) Provide periodic sediment removal sufficient to maintain adequate volume for the design event; (g) Ensure against excessive settlement; (h) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal-mine waste; and (i) Be compacted properly. (b) (i) Sedimentation ponds meeting the size or other qualifying criteria of 30 CFR 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a one-hundred-year, six-hour precipitation event, or greater event as specified by the chief. MSHA shall be notified regarding the structure in accordance with 30 CFR 77.216. (ii) Sedimentation ponds not meeting the size or other qualifying criteria of 30 CFR 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely discharge a twenty-five-year, six hour precipitation event, or greater event as specified by the chief. (iii) Sedimentation ponds may use a single open-channel spillway designed and constructed according to paragraphs (G)(3)(b)(i) to (G)(3)(b)(ii) of this rule, if the spillway: (a) Is of nonerodible construction and designed to carry sustained flows; or (b) Is earth- or grass-lined and designed to carry short-term infrequent flows at nonerosive velocities where sustained flows are not expected. (4) Other treatment facilities. (a) Other treatment facilities shall be designed to treat the ten-year, twenty-four-hour precipitation event unless a lesser design event is approved by the chief based on terrain, climate, other site-specific conditions and a demonstration by the operator that the effluent limitations of this rule will be met. (b) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph (G)(3) of this rule. (H) Impoundments. (1) General requirements. The requirements of paragraph (H)(1) of this rule apply to both temporary and permanent impoundments. (a) Impoundments meeting the criteria of 30 CFR 77.216(a) shall comply with the design and construction requirements of paragraph (H) of this rule and either paragraphs (H)(1) and (H)(2) of rule 1501:13-4-05 or paragraphs (H)(1) and (H)(2) of rule 1501:13-4-14 of the Administrative Code. (b) Design certification. The design of impoundments shall be certified in accordance with rule 1501:13-4-05 or 1501:13-4-14 of the Administrative Code as designed to meet the requirements of this rule using current, prudent, engineering practices and any design criteria established by the chief. (c) Stability. (i) Impoundments meeting the criteria of 30 CFR 77.216(a) or located where failure would be expected to cause loss of life or serious property damage shall have a minimum static safety factor of 1.5 For a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2. (ii) Impoundments not meeting the criteria of 30 CFR 77.216(a), except for coal mine waste impounding structures, and located where failure would not be expected to cause loss of life or serious property damage shall have a minimum static safety factor of 1.3 For a normal pool with steady state seepage saturation conditions or be designed in accordance with paragraph (H)(2)(c) of rule 1501:13-4-05 or paragraph (H)(2)(c) of rule 1501:13-4-14 of the Administrative Code. (d) Freeboard. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. (e) Foundation. (i) Foundation and abutments for the impounding structure shall be designed to be stable under all conditions of construction and operation of the impoundment. For impoundments meeting the size or other criteria of 30 CFR 77.216(a), sufficient foundation investigations as well as any necessary laboratory testing shall be performed in order to determine the design requirements for foundation stability. (ii) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability. (f) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown. (g) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices. (h) (i) An impoundment meeting the size or other qualifying criteria of 30 CFR 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a one-hundred-year, six-hour precipitation event, or greater event as specified by the chief. (ii) An impoundment not meeting the size or other qualifying criteria of 30 CFR 77.216(a) shall include either a combination of principal and emergency spillways or a single spillway designed and constructed to safely pass a twenty-five-year, six-hour precipitation event, or greater event as specified by the chief. (iii) Impoundments may use a single open-channel spillway designed and constructed according to paragraphs (H)(1)(h)(i) to (H)(1)(h)(ii) of this rule if the spillway: (a) Is of nonerodible construction and designed to carry sustained flows; or (b) Is earth- or grass-lined and designed to carry short-term infrequent flows at nonerosive velocities where sustained flows are not expected. (i) The vertical portion of any remaining highwall shall be located far enough below the low-water line along the full extent of highwall to provide adequate safety and access for the proposed water users. For permanent impoundments, the vertical portion of the remaining highwall shall also meet the requirements of paragraph (H)(2)(d) of this rule. (j) Inspections. An engineer or other qualified professional specialist, under the direction of the engineer, shall inspect the impoundment. The engineer or specialist shall be experienced in the construction of impoundments. (i) Inspections shall be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance bond. (ii) The engineer shall promptly, after each inspection, provide to the chief a certified report that the impoundment has been constructed and maintained as designed in accordance with the approved plan and these rules. The report shall include discussion of any appearances of instability, structural weakness or other hazardous conditions, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation and any other aspects of the structure affecting stability. (iii) A copy of the report shall be retained at or near the minesite. (k) Impoundments subject to 30 CFR 77.216 must be examined in accordance with 30 CFR 77.216-3. Other impoundments shall be examined for appearance of structural weakness and other hazardous conditions at least quarterly by a qualified person designated by the operator. (l) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the chief of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the chief shall be notified immediately. The chief shall then notify the appropriate agencies that other emergency procedures are required to protect the public. (2) Permanent impoundments. A permanent impoundment of water may be created if authorized by the chief in the approved permit based upon the following demonstration: (a) The size and configuration of such impoundment will be adequate for its intended purposes; (b) The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet applicable state and federal water quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable state and federal water quality standards; (c) The water level will be sufficiently stable and be capable of supporting the intended use; (d) Final grading will provide for adequate safety and access for proposed water users. For impoundments where the vertical portion of a highwall remains, the vertical portion shall be located at least eight feet below the low-water line; (e) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses; (f) The impoundment will be suitable for the approved postmining land use; (g) The reduced portion of any highwall shall have a final slope appropriate for the postmining land use and shall have a minimum static safety factor of 1.3; and (h) The face of the reduced portion of any highwall shall be vegetated with species appropriate for the postmining land use. (3) Temporary impoundments. The chief may authorize the construction of temporary impoundments as part of a mining operation. (4) Sumps. (a) Definitions. "SUMP" means an excavated temporary impoundment: (i) Used as: (a) A secondary structure which discharges into a sedimentation pond, provided the sedimentation pond, in combination with the sump and any other sediment control measures used, achieves the applicable state and federal effluent limitations; or (b) A primary structure to control the runoff from roads or small drainage exemption areas provided by paragraph (B)(3) of this rule; and (ii) That has a volume which is compatible with its role within the complete sediment control system. (b) Sumps are exempt from the requirements of paragraphs (H)(1) to (H)(3) of this rule. (c) Sump designs shall include size and spillway information and shall address the stability of the structure with respect to public health and safety. (d) Sumps shall be constructed and maintained to prevent, to the extent possible, additional contributions of suspended solids to runoff outside the permit area. (e) Before a sump becomes full of sediment, the sediment shall be removed, and the original sump capacity restored. (I) Discharge structures. Discharges from sedimentation ponds, permanent and temporary impoundments mine waste disposal areas, and diversions shall be controlled by energy dissipators, riprap channels, and other devices, where necessary to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbances to the hydrologic balance. Discharge structures shall be designed according to standard engineering design procedures. (J) Acid-forming and toxic-forming spoil. Drainage from acid-forming and toxic-forming mine waste materials and soils into ground and surface water shall be avoided by: (1) Identifying, burying, and treating where necessary spoil or other materials that, in the judgment of the chief, may be detrimental to vegetation or may adversely affect water quality if not treated or buried; (2) Preventing water from coming into contact with acid-forming and toxic-forming materials in accordance with paragraph (J) of rule 1501:13-9-14 of the Administrative Code, and other measures as required by the chief; and (3) Burying or otherwise treating all acid-forming or toxic-forming spoil within thirty days after it is first exposed on the mine site, or within a lesser period designated by the chief. Temporary storage of the spoil may be approved by the chief upon finding that burial or treatment within thirty days is not feasible and will not result in any material risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water. (K) Ground-water protection. (1) Backfilled materials shall be placed so as to minimize contamination of ground-water systems with acid, toxic, or otherwise harmful mine drainage, minimize adverse effects of mining on ground-water systems outside the permit area, and to support approved postmining land uses. (2) To control the effects of mine drainage, pits, cuts, and other mine excavations or disturbances shall be located, designed, constructed, and utilized in such manner as to prevent or control discharge of acid, toxic, or otherwise harmful mine drainage waters into ground-water systems and to prevent adverse impacts on such ground- water systems or on approved postmining land uses. (L) Protection of ground-water recharge capacity. Other than underground mining operations, all coal mining operations shall be conducted in a manner that facilitates reclamation which will restore approximate premining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding coal processing waste and underground development waste disposal areas and fills, to transmit water to the ground-water system. The recharge capacity shall be restored to a condition which: (1) Supports the approved postmining land use; (2) Minimizes disturbances to the prevailing hydrologic balance in the permit and adjacent areas; and (3) Provides a rate of recharge that approximates the premining recharge rate. (M) Surface water protection. In order to protect the hydrologic balance, mining operations shall be conducted according to the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code, and the following: (1) Surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage, prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area, and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this rule, then the operator shall use and maintain the necessary water-treatment facilities or water quality controls. (2) Surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code. (N) Surface and ground-water monitoring. (1) Ground-water monitoring. (a) Surface mining operators shall monitor ground-water levels and the quality of ground water at least quarterly or more frequently as prescribed by the chief, in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-05 of the Administrative Code, to determine the effects of the coal mining operations on the recharge capacity of reclaimed lands and on the quality and quantity of water in ground-water systems in the permit and adjacent areas. (i) Monitoring shall include measurements from a sufficient number of wells and springs that are adequate to reflect changes in ground-water quality and quantity resulting from those operations. (ii) Monitoring shall be adequate to plan for modification of coal mining operations, if necessary, to minimize disturbance of the prevailing hydrologic balance. (iii) As specified and approved by the chief, the person who conducts surface mining operations shall conduct additional hydrologic tests, including drilling, infiltration tests, and aquifer tests and shall submit the results to the chief, to demonstrate compliance with paragraphs (K) to (N) of this rule. (b) Underground mining operators shall monitor, at least quarterly or more frequently as prescribed by the chief, the quality and quantity of ground water in the permit and adjacent areas in accordance with the ground-water monitoring plan approved under paragraph (F)(1) of rule 1501:13-4-14 of the Administrative Code. (i) Monitoring of an area shall begin one year before the area is mined, shall continue during mining, and shall continue for at least one year after the area is mined, unless the chief determines that monitoring for a shorter period will allow accurate assessment of the impacts on the ground water of the area. (ii) With the approval of the chief, monitoring of an area to be mined as part of an existing operation within one year after November 23, 1983, may begin less than one year before the area is mined. (c) Ground-water monitoring shall result in quarterly or more frequent reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation shall be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (F) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code. (2) Surface-water monitoring. (a) All surface and underground mining operators shall monitor pond discharges for the national pollutant discharge elimination system (NPDES) permit quarterly in accordance with the monitoring plan submitted under either paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. Monitoring shall: (i) Be adequate to measure and record accurately water quantity and quality of the discharges from the permit area; (ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition or applicable standard within five days of receipt of such results. If there is a failure to comply with an effluent limitation set forth in a NPDES permit, the person who conducts coal mining operations shall forward the analytical results concurrently with the written notice of non-compliance; and (iii) Result in quarterly reports to the chief submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (F) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code. (b) The chief may require additional surface-water monitoring to be conducted quarterly on the permit or adjacent areas in accordance with the monitoring plans submitted under paragraph (F)(2) of rule 1501:13- 4-05 or paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved by the chief. The chief shall determine the nature of the data and reporting requirements. Monitoring shall: (i) Be adequate to measure and record accurately water quantity and quality; (ii) Include notification to the chief of all analytical results of sample collections indicating non-compliance with a permit condition within five days of receipt of such results; and (iii) Result in quarterly reports to the chief, submitted within two weeks following the close of the quarter, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be reported immediately to the chief, and the operator shall immediately take the actions provided in the approved mining plan pursuant to paragraph (G) of rule 1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative Code. (3) Duration of and modifications to monitoring. (a) Monitoring for ground water and surface water shall be conducted throughout mining and reclamation until final bond release unless the chief determines, pursuant to paragraph (N)(3)(b)(ii) of this rule, that monitoring is no longer necessary. (b) Any modification of the monitoring requirements of paragraph (N) of this rule, including the parameters covered and the sampling frequency, shall be made by means of a permit revision pursuant to paragraph (E) of rule 1501:13-4-06 of the Administrative Code. A permit revision may be obtained pursuant to this paragraph if the operator demonstrates, using the monitoring data of this rule, that: (i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area, water quantity and quality are suitable to support approved postmining land uses, and the water rights of other users have been protected or replaced; or (ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under paragraph (F) of rule 1501:13-4-05 or paragraph (F) of rule 1501:13-4-14 of the Administrative Code. (O) Transfer of wells. Before final release of bond, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with rule 1501:13-9-02 of the Administrative Code. With the prior approval of the chief, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with state and local law and the permittee shall remain responsible for the proper management of the well until bond release in accordance with rule 1501:13-9-02 of the Administrative Code. (P) Water rights and replacement. (1) Any person who conducts coal mining operations shall: (a) Replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been affected by contamination, diminution, or interruption proximately resulting from the coal mining operations; and (b) Reimburse the owner for the reasonable cost of obtaining a water supply from the time of the contamination, diminution or interruption by the operation until the water supply is replaced. (2) The hydrologic information required in paragraphs (B) to (G) of rule 1501:13-4-04 or paragraphs (B) to (G) of rule 1501:13-4-13 of the Administrative Code shall, at a minimum, be used to determine the extent of the impact of mining on ground and surface water. (Q) Discharge of water into underground mines. (1) Discharges into an underground mine are prohibited, unless specifically approved by the chief after a demonstration that the discharge will: (a) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from surface mining operations; (b) Not result in a violation of applicable water quality standards or effluent limitations; (c) Be at a known rate and quality which shall meet the effluent limitations of this rule for pH and total suspended solids, except that the pH and total suspended solids limitations may be exceeded, if approved by the chief; and (d) Meet with the approval of MSHA. (2) Discharges shall be limited to the following: (a) Water; (b) Coal processing waste; (c) Fly ash from a coal-fired facility; (d) Sludge from an acid-mine-drainage treatment facility; (e) Flue-gas desulfurization sludge; (f) Inert material used for stabilizing underground mines; and (g) Underground mine development wastes. (R) Postmining rehabilitation of sedimentation ponds, diversions, impoundments and treatment facilities. Before abandoning a permit area or seeking bond release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of these rules for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structure if necessary to meet requirements of these rules and to conform to the approved reclamation plan. HISTORY: Eff 9-1-77; 8-28-78; 5-1-80; 8-16-82; 10-27-82; 6-30-83; 11-23-83 (Emer.); 3-12-84; 2-20-86; 10-21- 88; 1-1-93; 5-29-95 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.16 119.032 Review Date: 11-1-99 OAC 1501:13-9-05 COAL RECOVERY. {{ 30 CFR 816.59, 817.59 }} Coal mining operations shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in future coal mining operations is minimized. HISTORY: Eff 10-27-82 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.16 119.032 Review Date: 11-1-99 OAC 1501:13-9-06 USE OF EXPLOSIVES. {{ 30 CFR 816.61, 816.62, 816.64, 816.65, 816.66, 816.67, 816.68, 817.61, 817.62, 817.64, 817.65, 817.66, 817.67, 817.68, 850.13 }} (A) General. (1) The provisions of this rule shall apply to all blasting operations, including surface blasting operations incident to underground mining, on all coal mining and reclamation operations and on coal exploration operations. Where the provisions of this rule are in conflict with the conditions described in a permittee's previously approved blasting plan, the provisions of this rule shall apply. (2) Blasting operations shall be conducted in accordance with all applicable state and federal laws and regulations. (3) Blasts that use more than five pounds of explosive or blasting agent shall be conducted according to the schedule required under paragraph (D) of this rule. (4) For purposes of this rule, "certified blaster" shall mean a blaster who possesses a valid certificate obtained pursuant to rule 1501:13-9-10 of the Administrative Code and "certified mine foreman" shall mean a mine foreman who has a valid certification pursuant to Chapter 4151. of the Revised Code. (5) Blasting operations shall be conducted only under the supervision of a certified blaster. A certified blaster and at least one other person shall be physically present at the detonation of a blast. Only the certified blaster may detonate, or give the command to detonate a blast. Any certified blaster who is responsible for conducting blasting operations at a blasting site shall give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew or assist in the use of explosives. (6) If a permittee violates any of the requirements under paragraph (A)(5) of this rule, the chief shall immediately issue an order requiring the permittee to show cause why blasting operations should not be suspended or revoked. (7) Certified blasters, and other persons responsible for blasting operations at a blasting site, shall review and know the permittee's blasting plan and site-specific blasting limitations. The permittee shall keep a copy of the blasting plan and the permit map at the permit site or at the mine office closest to the permit site for use by employees, contract blasters, and any other persons responsible for blasting operations. (B) Anticipated blast design for special areas. (1) The permittee or permit applicant must submit an anticipated blast design to the chief before blasting within: (a) One thousand feet of any dwelling, public or commercial building, school, church, or community or institutional building; or (b) Five hundred feet of an active or abandoned underground mine. (2) The blast design must be submitted: (a) As part of a permit application; or (b) As a revision to the mining plan, at least sixty days prior to such blasting. (3) The blast design shall contain sketches of the drill patterns, delay periods, and decking, and shall indicate the type and amount of explosives to be used, critical dimensions, initiation systems, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable flyrock, airblast, and ground vibration standards in paragraph (F) of this rule. (4) The blast design shall be prepared by a certified blaster or by a blasting consultant, seismologist, or professional engineer who has been trained in current blasting technology and state and federal blasting laws and regulations. The blast design shall be reviewed, approved, and signed by a certified blaster who has knowledge of the site-specific blasting limitations. (5) The chief may require revisions to the design submitted. (C) Preblast survey. (1) At least thirty days before initiation of blasting, the permittee or permit applicant shall notify, in writing, all residents or owners of dwellings or other structures located within one-half mile of the permit area, about how to request a preblast survey. Such notification shall include the statement that any preblast survey requested more than ten days before the planned initiation of blasting shall be completed before the initiation of blasting. (2) A resident or owner of a dwelling or structure within one-half mile of the permit area may request a preblast survey. This request shall be made, in writing, directly to the permittee or permit applicant by certified mail, or by regular mail to the chief, who shall promptly notify the permittee or permit applicant by certified mail. Within forty-five days after a request is received, the permittee or permit applicant shall conduct a preblast survey of the dwelling or structure and prepare a written report of the survey. Where blasting has not yet begun on a new or proposed permit area, a modified time frame for completion of preblast surveys may be approved by the chief, upon written request to the chief, when circumstances warrant an extension of time. However, any preblast survey requested more than ten days before the planned initiation of blasting shall be completed before the initiation of blasting. An updated survey of any additions, modifications, or renovations shall be performed by the permittee or permit applicant if requested by the resident or owner. (3) When conducting a preblast survey, the permittee or permit applicant shall determine the condition of the dwelling or structure and shall document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, oil and gas wells, cables, communication and transmission towers, transmission lines, and cisterns, wells, and other water systems warrant special attention; however, the assessment of these structures may be limited to surface conditions and other readily available data. (4) The written report of the survey shall be signed by the person who conducted the survey. Copies of the report shall be provided to the resident or owner of the dwelling or structure, and to the chief. If the resident or owner disagrees with the contents or recommendations contained therein, he or she may submit to both the permittee or permit applicant and the chief, a detailed description of the specific areas of disagreement. (5) Whenever a permittee or permit applicant conducts a preblast survey of a dwelling or structure without receiving a written request to do so, a copy of the written report of the survey shall be given to the resident or the owner. (D) Blasting schedule. (1) Blasting shall be conducted between sunrise and sunset at times approved by the chief and announced in the blasting schedule. The chief may limit the time periods, area covered, and sequence of blasting as listed in the schedule, if such limitations are necessary and reasonable in order to protect the public health and safety or welfare. (2) Unscheduled blasts may be conducted only in emergency situations where rain, lightning, other atmospheric conditions, or operator or public safety so requires. When an unscheduled blast is conducted, the certified blaster in charge shall document the reason for the unscheduled blast in the blast record required under paragraph (G) of this rule. (3) At least ten days, but not more than ninety days, before initiation of blasting, the permittee or permit applicant shall publish the blasting schedule in a newspaper of general circulation in the locality of the blasting area, and distribute copies of the blasting schedule to local governments, public utilities, and each residence and occupied building within one-half mile of the proposed blasting area described in the schedule. A notarized proof of each publication of the blasting schedule required under this rule shall be sent to the division of reclamation district office having jurisdiction over the permit. (4) The permittee shall republish and redistribute the schedule at least every twelve months, and revise, republish, and redistribute the schedule at least ten days, but not more than thirty days before blasting, whenever the area covered by the schedule changes or actual time periods for blasting significantly differ from the prior announcement. (5) The blasting schedule shall contain, at a minimum: (a) Name, address, and telephone number of the permittee or permit applicant; (b) Permit number or application number, whichever is applicable; (c) Identification of the specific areas where blasting will occur; (d) Dates and time periods when blasting will occur; (e) Methods to be used to control access to the blasting area; (f) Type and patterns of audible warning and all-clear signals to be used before and after blasting; and (g) A description of possible emergency situations (defined in paragraph (D)(2) of this rule) when an unscheduled blast may be necessary. (6) Surface blasting incident to underground mining shall be exempt from the blasting schedule and publication requirements of paragraphs (D)(3), (D)(4), and (D)(5) of this rule. Instead, an underground mine permittee or permit applicant shall notify, in writing, residents within one-half mile of the blasting site and local governments of the proposed times and locations of blasting operations. Such notice of times that blasting is to be conducted may be announced weekly, but in no case less than twenty-four hours before blasting will occur. (E) Blasting signs, warnings, and access control. (1) Blasting signs shall meet the specifications of rule 1501:13-9-01 of the Administrative Code. (2) The permittee shall conspicuously place signs reading "BLASTING AREA" along the edge of any blasting area that comes within one hundred feet of any public road right-of-way, and at the edge of blasting areas along access and haul roads within the permit area. (3) At all entrances to the permit area from any road, the permittee shall conspicuously place signs which state "WARNING! EXPLOSIVES IN USE" which clearly explain the meaning of the audible warning and all-clear signals in use, and the marking of blasting areas and charged holes awaiting firing within the permit area. (4) For each blast, the certified blaster conducting the blast shall define the limits of the blasting area where danger from flyrock exists. The permittee shall be responsible for controlling access to the blasting area to prevent the presence of livestock or unauthorized persons at least ten minutes before each blast, and until the certified blaster has determined that no unusual hazards, such as imminent slides or undetonated charges exist, and access to and travel within the blasting area can safely resume. The certified mine foreman shall not allow anyone to re-enter the designated blasting area until the certified blaster conducting the blast has contacted the certified mine foreman, and the all-clear signal has been sounded. (5) At least one minute, but not more than two minutes before the detonation of a blast, the certified blaster in charge, or someone directed by the certified blaster, shall give an audible warning signal. If the blast is not detonated within two minutes of the audible warning signal, the warning signal shall be repeated as required by this paragraph before the blast is detonated. After the blast has been detonated and the certified blaster has communicated to the certified mine foreman that the blast area is safe to re-enter, an audible all-clear signal shall be given. Warning and all-clear signals shall be different in character and audible within one-half mile of the blasting site. (6) For new permit applications submitted after January 1, 1988, all permit applications shall propose standard warning and all-clear signals to be produced by an air horn or similar device. The warning signal, to be sounded one to two minutes before the blast, shall consist of three long reports, each lasting at least five seconds. The all-clear signal shall consist of one long report lasting at least five seconds. (7) When blasting within one-half mile of any public or private institution such as a school or church in session, or a residential mental or physical health care facility, the permittee shall notify the institution by telephone or personal visit at least one hour, but not more than twenty-four hours before each blast. This requirement shall not apply if the permittee submits to the chief a copy of a statement signed by the administrator of the institution, waiving the right to be notified. (F) Control of adverse effects. (1) Blasting shall be conducted in a manner to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of surface or ground water outside the permit area. (2) Blasting shall not be conducted within: (a) Three hundred feet of any public water tower or public reservoir dam, communication or high- voltage transmission tower, railroad or highway tunnel, public water or sewage main, or major oil or gas distribution pipeline except where written permission has been obtained from the controlling authority or owners thereof on a form prescribed by the chief; and (b) Five hundred feet of an active underground mine, except where written permission has been obtained from the owners thereof, and from all state and federal regulatory authorities concerned with the health and safety of underground miners, on a form prescribed by the chief. (3) "Flyrock," defined as rock, mud, or debris travelling in the air or along the ground as a result of a blast, shall not be cast from the blasting site beyond any of the following: (a) One-half the horizontal distance to any dwelling or other occupied structure; (b) The area of control required under paragraph (E)(4) of this rule; or (c) The permit boundary. (4) If flyrock is cast beyond the permit boundary, the certified blaster in charge shall submit a written report to the division of reclamation district office having jurisdiction over the permit area, by the next business day. The permittee or certified blaster shall not conduct another blast at the site where the flyrock originated until the report is properly completed and the division of reclamation has acknowledged its receipt. The report shall include a copy of the blast record required under paragraph (G) of this rule, and shall explain the location of the flyrock, any property damage or personal injury caused by the flyrock, the probable cause of the incident, and the corrective measures to be taken to prevent another flyrock violation. (5) Airblast shall not exceed the maximum limits listed below at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area, except as authorized under paragraph (F)(12) of this rule. All airblast measuring systems shall have an upper-end flat-frequency response of at least two hundred hertz. ________________________________________________________ Lower frequency limit of measuring Maximum level, in system, in hertz (+/-3 dB) decibels. ________________________________________________________ 0.1 Hz or lower - flat response ......... 134 peak. 2 Hz or lower - flat response ........... 133 peak. 6 Hz or lower - flat response ........... 129 peak. ________________________________________________________ (a) If necessary to prevent damage, the chief shall specify lower maximum allowable airblast levels for use in the vicinity of a specific blasting operation. (b) The permittee shall conduct periodic monitoring to ensure compliance with the airblast limits. The chief may require airblast measurement of any or all blasts, and may specify the locations at which such measurements are taken. (6) In all blasting operations, except as authorized in paragraph (F)(12) of this rule, the maximum ground vibration shall not exceed the values specified in this rule or approved in the blasting plan required under paragraph (C) of rule 1501:13-4-05 or paragraph (C) of rule 1501:13-4-14 of the Administrative Code. (a) The maximum ground vibration at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area shall be established in accordance with the maximum peak-particle-velocity limits of paragraph (F)(7) of this rule, the blasting-level chart of paragraph (F)(8) of this rule, or other limits imposed by the chief pursuant to paragraph (F)(10) of this rule. (b) All other structures in the vicinity of the blasting area not listed in paragraph (F)(6)(a) of this rule, such as water towers, pipelines and other utilities, communication and transmission towers, tunnels, dams, impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the permittee in the blasting plan and approved by the chief. (7) Except as provided in paragraph (F)(8) of this rule, the maximum ground vibration shall not exceed the following limits at any dwelling, public or commercial building, school, church, or community or institutional building outside the permit area: _________________________________________________________ Distance (D), from the blasting Maximum allowable site, in feet (rounded to the peak particle velocity nearest whole foot) in inches/second _________________________________________________________ 0 to 300 ..................................... 1.25 301 to 5,000 ................................. 1.00 5,001 and beyond ............................. 0.75 _________________________________________________________ (a) Ground vibration shall be measured as the particle velocity and recorded in three mutually perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three measurements. (b) A seismographic record shall be provided for each blast. Whenever possible, the seismograph shall be located at the nearest building to be protected. Otherwise, the seismograph may be placed at some point between the blast site and the nearest building to be protected. (8) In lieu of the requirements of paragraph (F)(7) of this rule, the ground vibration limits in the chart below may be used to determine the maximum allowable particle velocity at the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area. A seismographic record including both particle velocities and an electronic analysis of vibration frequencies shall be provided for each blast. Figure: Maximum Allowable Particle Velocity, based on Blast Vibration Frequency (9) In lieu of the seismographic record required by 2 paragraph (F)(7)(b) of this rule, the scaled-distance equation, W = (D/Ds) , may be used to determine the maximum allowable charge weight of explosives that can be detonated within any eight-millisecond period, where W = the maximum weight of explosives, in pounds; D = the distance, in feet, from the blast site to the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area; and Ds = the scaled-distance factor applied from the following table: __________________________________________________________ Distance (D), from the blasting Scaled-distance factor site, in feet (rounded to the (Ds) to be applied nearest whole foot) without seismic monitoring __________________________________________________________ 0 to 300 ....................................... 50 301 to 5,000 ................................... 55 5,001 and beyond ............................... 65 __________________________________________________________ The use of a modified scaled-distance factor in the scaled-distance equation may be approved by the chief on receipt of a written request by the permittee, supported by seismographic records of blasts at the mine site. The modified scaled-distance factor shall be determined such that the particle velocity of the predicted ground vibration will not exceed the maximum allowable peak particle velocities prescribed in paragraph (F)(7) of this rule, at a ninety-five per cent confidence level. (10) The chief shall reduce the maximum allowable ground vibration limits prescribed in paragraphs (F)(7) and (F)(8) of this rule, if determined necessary to prevent damage. (11) The chief may require a permittee to conduct seismic monitoring of any or all blasts, and may specify the location at which the measurements are taken and the degree of detail necessary in the measurement. (12) The maximum airblast and ground vibration limits of paragraphs (F)(5), (F)(7) and (F)(8) of this rule shall not apply: (a) At structures owned by the permittee and not leased to another person; and (b) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the chief before blasting. (13) All seismic measuring systems used to prove compliance with the ground vibration limits required by this rule shall have an upper-end flat-frequency response of at least two hundred hertz, and a lower-end flat- frequency response no higher than five hertz. (G) Blast records. (1) The permittee shall retain a record of all blasts for at least three years, and shall make copies of these records available for inspection upon request by the public, the chief or an authorized representative of the chief. (2) Where blast records are normally kept at an office of the permittee not located on the permit site, the record for each blast shall be on file at that office within five business days after the blast is detonated. (3) Blast records shall be accurately completed at the blast site by the certified blaster in charge, and shall contain the following data: (a) Name of the permittee and permit number; (b) Name of the firm conducting the blast, if different from the permittee; (c) Location, date, and time of the blast; (d) Name, signature, and certification number of the blaster conducting the blast; (e) Identification, direction, distance, and the method used to determine the distance, from the nearest blast hole to the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area, except those structures described in paragraph (F)(12) of this rule. The direction shall be stated in degrees, as a compass bearing or azimuth. The distance shall be stated in feet, as derived from a survey marker, an aerial photo, a topographic map, or direct field measurement; (f) Weather conditions, including temperature and approximate wind direction and velocity; (g) Type of material blasted; (h) Number, diameter, and depth of holes; (i) Burden and spacing dimensions; (j) Type, manufacturer, and amount of explosives used, including bulk, bagged, or cartridged explosives, detonating cord, primers, and surface and in-hole delay detonators; (k) Total weight of explosives used; (l) Weight of explosives used per hole; (m) Maximum weight of explosives detonated within any eight-millisecond period; (n) Type of initiation system used, including the type of blasting machine or other power source, and the types of trunkline and downline systems, if not readily apparent from other information in the blast record; (o) Sequential timer setting, in milliseconds, if applicable; (p) Type and length of stemming; (q) Sketch of the blast pattern showing all holes, delay pattern, location of free faces and previously blasted material, and a north arrow; (r) If decking is used, a sketch of a typical borehole cross section showing the depth and location of decks, primers, and delay detonators; (s) Mats or other special protections used; (t) Seismographic and airblast records, if required, which shall include: (i) Type of instrument, sensitivity, and calibration signal or certification of annual calibration; (ii) Exact location of the instrument and the date, time, and distance from the blast; (iii) Name of the person and firm taking the reading; (iv) Name of the person and firm analyzing the seismographic record; and (u) The ground vibration or airblast levels, whichever was recorded, or both if both were recorded; and (v) Reasons and conditions for each unscheduled blast. (4) When bulk-loaded explosives are used, blast record data required by paragraphs (G)(3)(j) to (G)(3)(m) of this rule shall be completed as soon as the exact quantity of bulk explosives is determined. HISTORY: Eff 8-28-78; 5-1-80; 2-3-81; 10-27-82; 12-1-85; 3-1-87 Rule promulgated under: RC Chapter 119. Rule authorized by: RC 1513.02, 1513.161 Rule amplifies: RC 1513.161 119.032 Review Date: 11-1-99 OAC 1501:13-9-07 DISPOSAL OF EXCESS SPOIL. {{ 30 CFR 701.5, 816.71, 816.72, 816.73, 816.74, 817.71, 817.72, 817.73, 817.74 }} (A) The objective of this rule is to ensure mass stability and protection from erosion and minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters, using current, recognized engineering standards and practices as evaluated and approved by the chief. (B) Design certification. The fill and appurtenant structures shall be designed using current, prudent engineering practices and shall meet the design criteria established in this rule. An engineer experienced in the design of earth and rock fills shall certify the design of the fill and appurtenant structures. (C) Location. If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the chief, the spoil could be placed in compliance with the requirements of Chapter 1513. of the Revised Code and these rules, and shall be placed, where possible, upon, or above, a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement. (D) Foundation. (1) The foundation and abutments of the fill must be stable under all conditions of construction. (2) Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, as deemed needed by the certifying engineer, shall be performed in order to determine the design requirements for foundation stability. The analyses of foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the fill and appurtenant structures. The chief may require additional foundation investigations and laboratory testing. (3) Where the slope along the profile in the disposal area is in excess of 2.8h:1v, keyway cuts or rock toe buttresses shall be constructed to ensure stability of the fill. Where the toe of the spoil rests on a downslope in excess of 2.8h:1v, stability analyses shall be performed in accordance with paragraph (N)(3) of rule 1501:13-4-05 or paragraph (P)(3) of rule 1501:13-4-14 of the Administrative Code to determine the size of rock toe buttresses and keyway cuts. (E) Placement of excess spoil. (1) All vegetative and organic materials shall be removed from the disposal area prior to placement of the excess spoil. Topsoil shall be removed, segregated, and stored or redistributed in accordance with rule 1501:13-9-03 of the Administrative Code. If approved by the chief, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil. (2) All backfilling and grading requirements shall be met by placements of spoil. Face slopes shall not exceed 2h:1v. The grade of the outslope between terrace benches shall not be steeper than 2h:1v. (3) (a) Excess spoil shall be: (i) Transported and placed in a controlled manner in horizontal lifts not exceeding four feet in thickness; (ii) Concurrently compacted as necessary to ensure mass stability and to prevent mass movement during and after construction; (iii) Graded so that surface and subsurface drainage is compatible with natural surroundings; and (iv) Covered with topsoil or substitute material in accordance with rule 1501:13-9-03 of the Administrative Code. (b) The chief may approve a design which incorporates placement of excess spoil in horizontal lifts other than four feet in thickness when it is demonstrated by the operator and certified by an engineer that the design will ensure the stability of the fill and will meet all other applicable requirements. (4) The fill shall be designed to attain a minimum long-term static safety factor of 1.5. (5) The final configuration of the fill shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the fill if required for stability, control of erosion, to conserve soil moisture, or to facilitate the approved postmining land use. (6) No permanent impoundments shall be allowed on the completed fill. Small depressions may be allowed by the chief if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and are not incompatible with stability of the fill. (7) Excess spoil that is acid- or toxic-forming or combustible shall be disposed of in accordance with paragraph (J) of rule 1501:13-9-04 of the Administrative Code. (F) Drainage control. (1) If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability. (2) Diversions shall comply with the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code. (3) Underdrains shall consist of durable rock or pipe and be designed and constructed using current, prudent engineering practices. The underdrain system shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and shall be protected from piping and contamination by an adequate filter. Rock underdrains shall be constructed of durable, nonacid- and nontoxic-forming rock such as natural sand and gravel, sandstone or limestone, that does not slake in water or degrade to soil material, and that is free of coal, clay, or other nondurable material. Perforated pipe underdrains shall be corrosion-resistant and shall have characteristics consistent with the long-term life of the fill. (G) Surface area stabilization. Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction. (H) Excess spoil may be used outside the permit area to reclaim unreclaimed mined lands adjacent to the permit area under a reclamation contract executed pursuant to section 1513.27 or 1513.37 of the Revised Code, provided that: (1) If the unreclaimed lands are abandoned mined lands, they are eligible for reclamation under section 1513.27 or 1513.37 of the Revised Code; (2) The excess spoil is placed in an environmentally and technically sound manner and will constitute sound engineering practices; and (3) The excess spoil is placed where it will not destroy or degrade features of environmental value. (I) Inspections. An engineer, or other qualified professional specialist under the direction of the engineer, shall periodically inspect the fill during construction. The engineer or specialist shall be experienced in the construction of earth and rock fills. (1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum: (a) Foundation preparation, including the removal of organic material and topsoil; (b) Placement of underdrains and protective filter systems; (c) Installation of final surface drainage systems; and (d) The final graded and revegetated fill. (2) Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of fill materials. (3) The engineer shall provide a certified report to the chief promptly after each inspection certifying that the fill has been constructed and maintained as designed and in accordance with the approved plan, Chapter 1513. of the Revised Code and these rules. Each report shall include appearances of instability, structural weakness, and other hazardous conditions. The report after inspection of the final graded and revegetated fill shall certify, in addition, that the fill is expected to remain stable with the required safety factor. (4) Photographs. (a) The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is constructed in phases, each phase shall be certified separately. (b) When excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, in accordance with paragraph (N) of this rule, color photographs shall be taken of the underdrain as the underdrain system is being formed. (c) The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to identify the site specifically and clearly. (5) A copy of each inspection report shall be retained at or near the mine site. (J) Coal mine waste. Coal mine waste may be disposed of in excess spoil fills if approved by the chief and if such waste is: (1) Placed in accordance with rule 1501:13-9-09 of the Administrative Code; (2) Nontoxic- and nonacid-forming; and (3) Of the proper characteristics to be consistent with the design stability of the fill. (K) Underground disposal. Excess spoil may be disposed of in underground mine workings, but only in accordance with a plan approved by the chief and MSHA under paragraph (N) of rule 1501:13-4-14 of the Administrative Code. (L) Valley fills and head-of-hollow fills. Valley fills and head-of-hollow fills shall meet the requirements of paragraphs (A) to (J) of this rule and the additional requirements of paragraph (L) of this rule. (1) Drainage control. (a) The top surface of the completed fill shall be graded so that the final slope after settlement will be toward properly designed drainage channels. Uncontrolled surface drainage may not be directed over the outslope of the fill. (b) Runoff from areas above the fill and runoff from the surface of the fill shall be diverted into stabilized diversion channels designed to meet the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code and, in addition, to pass safely the runoff from a one-hundred-year, six-hour precipitation event. (2) Rock-core chimney drains. A rock-core chimney drain may be used in a head-of-hollow fill, instead of the underdrain and surface diversion system normally required, as long as the fill is not located in an area containing intermittent or perennial streams. A rock-core chimney drain may be used in a valley fill if the fill does not exceed two hundred fifty thousand cubic yards of material and upstream drainage is diverted around the fill. The alternative rock-core chimney drain system shall be incorporated into the design and construction of the fill as follows: (a) The fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of durable rock at least sixteen feet thick, which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. The underdrain system and rock core shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of paragraph (F)(3) of this rule. (b) A filter system to ensure the proper long-term functioning of the rock core shall be designed and constructed using current, prudent engineering practices. (c) Grading may drain surface water away from the outslope of the fill and toward the rock core. In no case, however, may intermittent or perennial streams be diverted into the rock core. The maximum slope of the top of the fill shall be 33h:1v. A drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential capacity for impounding more than ten thousand cubic feet of water. Terraces on the fill shall be graded with a one per cent slope toward the rock core. (M) Durable rock fills. The chief may approve an alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met: (1) Except as provided in paragraph (M) of this rule, the requirements of paragraphs (A) to (M) of this rule are met; (2) The excess spoil consists of at least eighty per cent, by volume, durable, nonacid- and nontoxic-forming rock such as natural sand and gravel, sandstone or limestone, that does not slake in water or degrade to soil material, and that is free of coal, clay, or other nondurable material. Where used, noncemented clay shale, clay spoil, soil or other nondurable excess spoil materials shall be mixed with excess durable rock spoil in a controlled manner so that no more than twenty per cent of the fill volume, as determined by tests performed by an engineer and approved by the chief, is not durable rock; (3) An engineer certifies that the design will ensure the stability of the fill and meet all other applicable requirements; (4) The fill is designed to attain a minimum long-term static safety factor of 1.5 and an earthquake safety factor of 1.1; (5) The underdrain system may be constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, provided the resulting underdrain system is capable of carrying anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and the other requirements for drainage control are met; and (6) Surface water runoff from areas adjacent to and above the fill is not allowed to flow onto the fill and is diverted into stabilized diversion channels designed to meet the requirements of paragraphs (F) and (I) of rule 1501:13-9-04 of the Administrative Code and to safely pass the runoff from a one-hundred-year, six-hour precipitation event. (N) Preexisting benches. The chief may approve the disposal of excess spoil through placement on preexisting benches, provided that the following conditions are met: (1) Except as provided in paragraph (N) of this rule, the requirements of paragraphs (A) and (E) to (J) of this rule are met; (2) Excess spoil shall be placed only on the solid portion of the preexisting bench; (3) The fill shall be designed, using current, prudent engineering practices, to attain a long-term static safety factor of 1.3 for all portions of the fill; (4) The preexisting bench shall be backfilled and graded to: (a) Achieve the most moderate slope possible which does not exceed the angle of repose; and (b) Eliminate the highwall to the maximum extent technically practical; and (5) Disposal of excess spoil from an upper actively mined bench to a lower preexisting bench by means of gravity transport may be approved by the chief provided that: (a) The gravity transport courses are determined on a site-specific basis by the operator as part of the permit application and approved by the chief to minimize hazards to health and safety and to ensure that damage will be minimized between benches, outside the set course, and downslope of the lower bench should excess spoil accidentally move; (b) All gravity-transported excess spoil, including that excess spoil immediately below the gravity transport courses and any preexisting spoil that is disturbed, is rehandled and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and to prevent mass movement, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and to ensure a minimum long- term static safety factor of 1.3. Excess spoil on the bench prior to the current mining operation that is not disturbed need not be rehandled except where necessary to ensure stability of the fill; (c) A safety berm is constructed on the solid portion of the lower bench prior to gravity transport of the excess spoil. Where there is insufficient material on the lower bench to construct a safety berm, only that amount of excess spoil necessary for the construction of the berm may be gravity-transported to the lower bench prior to construction of the berm; and (d) Excess spoil shall not be allowed on the downslope below the upper bench except on designated gravity transport courses which have been properly prepared according to rule 1501:13-9-03 of the Administrative Code. Upon completion of the fill, no excess spoil shall be allowed to remain on the designated gravity transport course between the two benches and each transport course shall be reclaimed in accordance with the requirements of these rules. HISTORY: Eff 8-28-78; 5-1-80; 10-27-82; 6-30-83; 1-15-87; 10-21-88; 1-1-93 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.16 119.032 Review Date: 11-1-99 OAC 1501:13-9-08 PROTECTION OF UNDERGROUND MINING. {{ 30 CFR 816.79 }} (A) General requirements. No surface mining operations shall be conducted closer than five hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that: (1) The nature, timing, and sequence of the operations that propose to mine closer than 500 feet to an active underground mine are jointly approved by the chief and msha, and (2) The operations result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public. HISTORY: Eff 8-16-82 (Emer.); 10-27-82; 10-1-88; 3-31-97 Rule promulgated under: RC Chapter 119. Rule authorized by: RC 1513.02 Rule amplifies: RC 1513.16 119.032 Review Date: 11/01/99 OAC 1501:13-9-09 DISPOSAL OF COAL MINE WASTES AND NONCOAL MINE WASTES. {{ 30 CFR 77.216, 816.81, 816.83, 816.84, 816.87, 816.89, 817.81, 817.83, 817.84, 817.89 }} (A) Coal mine waste. General requirements. (1) General. All coal mine waste shall be placed in new or existing disposal areas within a permit area, which are approved by the chief for this purpose. Coal mine waste shall be placed in a controlled manner to: (a) Minimize adverse effects of leachate and surface-water runoff on surface and ground water quality and quantity; (b) Ensure mass stability and prevent mass movement during and after construction; (c) Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use; (d) Not create a public hazard; and (e) Prevent combustion. (2) Coal mine waste material from operations located outside a permit area may be disposed of in the permit area only if approved by the chief. Approval shall be based upon a showing that such disposal will be in accordance with the standards of this rule. (3) Design certification. (a) The disposal facility shall be designed using current, prudent engineering practices and shall meet any design criteria established by the chief. An engineer experienced in the design of similar earth and waste structures shall certify the design of the disposal facility. (b) The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5, except that a long-term static safety factor of 1.3 shall be achieved when coal mine wastes are disposed of in the mined-out area under paragraph (J)(3) of rule 1501:13-9-14 of the Administrative Code. The foundation and abutments must be stable under all conditions of construction. (4) Foundation. Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of the foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the disposal facility. (5) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the chief shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the chief shall be notified immediately. The chief shall then notify the appropriate agencies that other emergency procedures are required to protect the public. (6) Disposal in excess spoil fills. Coal mine waste may be disposed of in excess spoil fills in accordance with paragraph (J) of rule 1501:13-9-07 of the Administrative Code. (7) Underground disposal. Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the chief and MSHA under paragraph (N) of rule 1501:13-4-14 of the Administrative Code. (B) Refuse piles. Refuse piles shall meet the requirements of paragraph (A) of this rule, the additional requirements of paragraph (B) of this rule, and the requirements of 30 CFR 77.214 and 77.215. (1) Drainage control. (a) If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability. (b) Uncontrolled surface drainage may not be diverted over the outslope of the refuse piles. Runoff from the areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of paragraph (F) of rule 1501:13-9-04 of the Administrative Code to pass safely the runoff from a one-hundred-year, six-hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile. (c) Underdrains shall comply with the requirements of paragraph (F) of rule 1501:13-9-07 of the Administrative Code. (2) Surface area stabilization. Slope protection shall be provided to minimize surface erosion. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction. (3) Placement. (a) All vegetative and organic materials shall be removed from the disposal area prior to placement of coal mine waste. Topsoil shall be removed, segregated and stored or redistributed in accordance with rule 1501:13-9-03 of the Administrative Code. If approved by the chief, organic materials may be used as mulch, or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil. (b) The final configuration of the refuse pile shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the refuse pile if required for stability, control of erosion, conservation of soil moisture, or facilitation of the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v. (c) No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be allowed by the chief if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile. (d) Following final grading of the refuse pile, the coal mine waste shall be covered with a minimum of four feet of the best available nontoxic and noncombustible material, in a manner that does not impede drainage from the underdrains. The chief may allow less than four feet of cover material based on physical and chemical analyses which show that the requirements of rule 1501:13-9-15 of the Administrative Code will be met. (4) Inspections. An engineer, or other qualified professional specialist under the direction of the engineer, shall inspect the refuse pile during construction. The engineer or specialist shall be experienced in the construction of similar earth and waste structures. (a) Inspections by the engineer or specialist shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum: (i) Foundation preparation including the removal of all organic material and topsoil; (ii) Placement of underdrains and protective filter systems; (iii) Installation of final surface drainage systems; and (iv) The final graded and revegetated disposal area. (b) Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or to the environment. Inspection shall continue until the refuse pile has been finally graded and revegetated or until a later time as required by the chief. (c) The engineer shall provide a certified report to the chief promptly after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and these rules. The report shall include appearances of instability, structural weakness, and other hazardous conditions. A copy of each inspection report shall be retained at or near the minesite. (d) The certified report required under paragraph (B)(4)(c) of this rule shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is constructed in phases, each phase shall be certified separately. The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to identify the site specifically and clearly. (C) Impounding structures. New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of paragraph (A) of this rule and the additional requirements of paragraph (C) of this rule. (1) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the chief that the stability of such a structure conforms to the requirements of this rule and the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the chief in accordance with paragraph (H) of rule 1501:13-4-05 or paragraph (H) of rule 1501:13-4-14 of the Administrative Code. (2) (a) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with the requirements for temporary impoundments under paragraph (H) of rule 1501:13-9-04 of the Administrative Code. Such structures may not permanently retain the ability to impound as part of the approved postmining land use. (b) If an impounding structure constructed of coal mine waste or intended to impound coal mine waste meets the criteria of 30 CFR 77.216(a), the combination of principal and emergency spillways shall be able to pass safely the probable maximum precipitation of a six-hour precipitation event, or greater event as specified by the chief. (3) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage. (4) Drainage control. Runoff from areas above the disposal facility or runoff from surface of the facility that may cause instability or erosion on the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of paragraph (F) of rule 1501:13-9-04 of the Administrative Code and designed to pass safely the runoff from a one-hundred-year, six-hour design precipitation event. (5) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least ninety per cent of the water stored during the design precipitation event can be removed within a ten-day period. Within ten days following the occurrence of the design precipitation event, ninety per cent of the water shall be removed. (D) Burning and burned waste utilization. (1) Coal mine waste fires shall be extinguished by the person who conducts the coal mining operations, in accordance with a plan approved by the chief and MSHA. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the permittee, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations. (2) No burning or burned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the chief. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure. (E) Disposal of noncoal mine wastes. (1) Noncoal mine wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustible materials generated during coal mining operations shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, that fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings. (2) Final disposal of noncoal mine wastes, as described in paragraph (E)(1) of this rule, shall be in a designated disposal site in the permit area or a state-approved solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and wind-borne waste. When the disposal is completed, a minimum of two feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with rule 1501:13-9-15 of the Administrative Code. Operation of the disposal site shall be conducted in accordance with all local, state, and federal requirements. (3) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall an excavation for a noncoal mine waste disposal site be located within eight feet of any coal outcrop or coal storage area. (4) Notwithstanding any other provision in these rules, any noncoal mine waste defined as "hazardous" under section 3001 of the Resource Conservation and Recovery Act (RCRA) (Pub. L. 94-580, as amended) and 40 CFR part 261 shall be handled in accordance with the requirements of Subtitle C of RCRA and any implementing regulations. HISTORY: Eff 5-15-78 (Emer.); 8-28-78; 5-1-80; 8-16-82 (Emer.); 10-27-82; 6-30-83; 10-1-88; 1-1-93 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.16 119.032 Review Date: 11-1-99 OAC 1501:13-9-10 TRAINING, EXAMINATION, AND CERTIFICATION OF BLASTERS. {{ 30 CFR Part 850 }} (A) General. (1) All blasting operations, including surface blasting operations incident to underground mining and blasting operations on coal exploration operations, shall be conducted by a certified blaster who has obtained certification pursuant to the requirements of this rule. (2) The chief may enter into agreements with other state agencies, boards, or institutions to administer any or all of the training, examination, and certification requirements of this rule. However, the final authority to accept or reject applicants for certification or recertification and the final authority to suspend or revoke a blaster's certification shall remain with the chief. (B) Training. The chief shall conduct workshops, as necessary, to inform blasters of changes in blasting rules and certification procedures, and shall ensure that courses are available to train persons responsible for the use of explosives in coal mining operations. The courses shall provide training and discuss practical applications of: (1) Explosives, including: (a) Selection of the type of explosive to be used; (b) Determination of the properties of explosives which will produce desired results at an acceptable level of risk; and (c) Handling, transportation, and storage. (2) Blast designs, including: (a) Geologic and topographic considerations; (b) Design of a blast hole, with critical dimensions; (c) Pattern design, field layout, and timing of blast holes; and (d) Field applications. (3) Loading blast holes, including priming and boostering; (4) Initiation systems and blasting machines; (5) Ground vibration, airblast, and flyrock, including: (a) Monitoring techniques; and (b) Methods to control adverse effects. (6) Secondary blasting applications; (7) All federal and state rules applicable to the use of explosives; (8) Blast records; (9) Schedules; (10) Preblasting surveys, including: (a) Availability; (b) Coverage; and (c) Considerations in blast design. (11) Blast plan requirements; (12) Certification and training; (13) Signs, warning signals, and site control; and (14) Unpredictable hazards, including: (a) Lightning; (b) Stray currents; (c) Radio waves; and (d) Misfires. (C) Examination. To become a certified blaster a person must have: (1) Received training in all the topics set forth in paragraph (B) of this rule in a course taught under the supervision of the division of reclamation, or in a course, or series of courses, deemed equivalent by the chief; (2) Worked on a blasting crew, supervised a blasting crew, or assisted in the use of explosives, for at least twelve of the last thirty-six months and, if not already certified under the certification program initiated by the division of reclamation in 1978, received direction and on-the-job training from a certified blaster; (3) Exhibited a pattern of conduct consistent with the acceptance of responsibility for blasting operations; and (4) Passed a written examination covering, at a minimum, the topics set forth in paragraph (B) if this rule. (D) Certification and recertification. (1) The chief, or a certifying authority designated by the chief, shall certify for three years those persons examined and found to be competent and to have the necessary experience to accept responsibility for blasting operations under this rule and rule 1501:13-9-06 of the Administrative Code. (2) To be recertified without a lapse in certification, a blaster certified under this rule must have: (a) Applied for recertification no more than ninety days prior to the expiration date of the blaster's current certificate; and (b) Worked on a blasting crew, supervised a blasting crew, or assisted in the use of explosives, for at least twelve of the last thirty-six months; or received current training in all the topics set forth in paragraph (B) of this rule in a course taught under the supervision of the division of reclamation, or in a course, or series of courses, deemed equivalent by the chief. (3) If a blaster certified under this rule fails to apply for recertification on, or before, the expiration date of his or her certificate, the blaster's certification shall expire, and the blaster shall have thirty days thereafter to apply for recertification without being subject to re-examination under paragraph (C) of this rule. (E) Conditions of certification. (1) A certificate of blaster certification, or a copy notarized to be a true and exact copy of the certificate, shall be carried by a blaster, or shall be on file at the permit area, during blasting operations. (2) Upon request by an authorized representative of the division of reclamation or other regulatory authority having jurisdiction over the use of explosives, a blaster shall immediately exhibit his or her certificate to the authorized representative. (3) A blaster's certification shall not be assigned or transferred. (4) A blaster shall not delegate his or her responsibility to any individual who is not a certified blaster. (5) A certified blaster shall take every reasonable precaution to protect his or her certificate from loss, theft, or unauthorized duplication. Any such occurrence shall be reported immediately to the chief and certifying authority designated by the chief. (F) Suspension and revocation. (1) Following written notice and opportunity for a hearing, the chief or a certifying authority designated by the chief may, and upon a finding of willful conduct, shall suspend or revoke the certification of a blaster during the term of the certification, or take other necessary action for any of the following reasons: (a) Noncompliance with any order of the chief, any order issued by a regulatory authority having jurisdiction over the use of explosives, or any order issued by a court of law, relative to the use of explosives; (b) Violation of any provision of state or federal explosives laws or regulations, or any condition of certification; (c) Unlawful use in the work place of, or current addiction to, alcohol, narcotics, or other dangerous drugs; (d) Providing false information or a misrepresentation on any application for certification or recertification; or (e) Falsification of blast records. (2) If advance notice and opportunity for a hearing cannot be provided, an opportunity for a hearing shall be provided as soon as practical following suspension, revocation, or other adverse action. (3) Upon notice of a suspension or revocation, the blaster shall immediately surrender the suspended or revoked certificate and all copies thereof to the chief or a designated certifying authority. (4) To repossess a suspended certificate the blaster must, during the term of the suspension: (a) Work on a blasting crew, or assist in the use of explosives, only under the direction of a certified blaster; (b) Exhibit a pattern of conduct consistent with the acceptance of responsibility for blasting operations; and (c) Pass a written examination administered under paragraph (C) of this rule. HISTORY: Eff 11-1-85; 3-1-87 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.161 119.032 Review Date: 11-1-99 OAC 1501:13-9-11 PROTECTION OF FISH, WILDLIFE, AND RELATED ENVIRONMENTAL VALUES. {{ 30 CFR 816.97, 817.97 }} (A) Any person conducting coal mining operations shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the activities on fish, wildlife and related environmental values, and achieve enhancement of such resources where practicable. (B) (1) No coal mining operation shall be conducted which: (a) Is likely to jeopardize the continued existence of endangered or threatened species listed by the United States secretary of the interior; (b) Is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.); or (c) Will result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs. (2) A person who conducts coal mining operations shall promptly report to the chief the presence in the permit area of any critical habitat of a threatened or endangered species listed by the United States secretary of the interior, any plant or animal listed by the state as threatened or endangered, or any bald or golden eagle nest, of which that person becomes aware and which was not previously reported to the chief by that person. Upon notification the chief shall consult with appropriate state and federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed. (3) Nothing in these rules shall authorize the taking of an endangered or threatened species or a bald or golden eagle, its nest, or any of its eggs in violation of the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq., or the Bald Eagle Protection Act, as amended, 16 U.S.C. 668 et seq. (C) Each person who conducts coal mining operations shall: (1) Restore, enhance where practicable, or maintain natural riparian vegetation on the banks of streams, lakes, and other wetland areas; (2) Restore, enhance where practicable, or avoid disturbance to habitats of unusually high value for fish and wildlife; (3) Afford protection to aquatic communities by avoiding stream channels as required by paragraph (E) of rule 1501:13-9-04 of the Administrative Code or restoring stream channels as required in paragraph (F) of rule 1501:13-9-04 of the Administrative Code. (4) To the extent possible prevent, control, and suppress range, forest, and coal fires which are not approved by the chief as part of a management plan; (5) If fish and wildlife habitat is to be a primary or secondary postmining land use, the operator shall in addition to the requirements of rule 1501:13-9-17 of the Administrative Code: (a) Select plant species to be used on reclaimed areas, based on the following criteria: (i) Their proven nutritional value for fish and wildlife; (ii) Their uses as cover for fish and wildlife; and (iii) Their ability to support and enhance fish and wildlife habitat after release of bonds; and (b) Distribute plant groupings to maximize benefit to fish and wildlife. Plants should be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits for fish and wildlife; (6) Where cropland or pastureland is to be the postmining land use, and where appropriate for wildlife and crop management practices, intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals. Wetlands shall be preserved or created rather than drained or otherwise permanently abolished. When practical and consistent with these rules, ponds shall be designed and built as permanent ponds in order to enhance fish and wildlife habitat; (7) Where the undeveloped land use is to be returned to a fish and wildlife land use, and as appropriate for wildlife and other management practices, preserve or create rather than drain or permanently abolish wetlands. When practical and consistent with these rules, ponds shall be designed and built as permanent ponds in order to enhance fish and wildlife habitat; and (8) Where the primary land use is to be residential, public service, or industrial land use, intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs and trees useful as food and cover for birds and small animals, unless such greenbelts are inconsistent with the approved postmining land use. (D) Each operator shall, to the extent possible using the best technology currently available: (1) Ensure that electric powerlines and other transmission facilities used for, and incidental to, mining operations on the permit area are designed and constructed to minimize electrocution hazards to raptors unless the chief determines such requirements are unnecessary; (2) Locate and operate haul and access roads so as to minimize impacts to important fish and wildlife species or other species protected by state or federal law; and (3) Fence, cover or use other appropriate methods to exclude wildlife from ponds that contain hazardous concentrations of toxic-forming materials. HISTORY: Eff 10-27-82; 10-1-88; 12-27-90; 8-5-91 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.16 119.032 Review Date: 11-1-99 OAC 1501:13-9-12 SLIDES AND OTHER DAMAGE. {{ 30 CFR 816.99, 817.99 }} (A) An undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as may be determined by the chief as is needed to assure stability. The barrier shall be retained as a barrier to slides and erosion. Where the chief determines that this natural barrier will cause environmental problems, he shall require alternative measures to be taken. (B) If at any time a slide occurs which may have a potential adverse effect on public property, health, safety, or the environment, the person who conducts the coal mining operation shall notify the chief by the fastest available means and comply with any remedial measures required by the chief. HISTORY: Eff 10-27-82; 6-30-83 Rule promulgated under: RC Chapter 119. Rule amplifies: RC 1513.16 119.032 Review Date: 11-1-99 OAC 1501:13-9-13 CONTEMPORANEOUS RECLAMATION. {{ 30 CFR 816.100, 817.100 }} (A) Timing. Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement, revegetation, and any other work necessary to fulfill the approved mining and reclamation plan and to secure each phase of bond release in accordance with rule 1501:13-7-05 of the Administrative Code on all land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining operations, and in accordance with the following: (1) Contour mining. Backfilling and rough gra