1501:13-7-03 Form, conditions, and terms of performance security.  

  • Text Box: ACTION: Original Text Box: DATE: 02/06/2009 1:35 PM

     

     

     

    LEGAL NOTICE STATE OF OHIO

    DEPARTMENT OF NATURAL RESOURCES

    NOTICE OF INTENTION TO AMEND AND HOLD A PUBLIC HEARING ON COAL MINING AND RECLAMATION RULES

     

    The Chief for the Division of Mineral Resources Management, pursuant to section

    1513.02 and Chapter 119. of the Revised Code, hereby gives notice of his intention to amend, rescind, or adopt rules:

     

    1501:13-1-01 (Amend)

    1501:13-1-02 (Amend)

    1501:13-1-04 (Amend)

    1501:13-1-10 (Amend)

    1501:13-4-01 (Amend)

    1501:13-4-02 (Amend)

    1501:13-4-03 (Amend)

    1501:13-4-05 (Amend)

    1501:13-4-06 (Amend)

    1501:13-4-07 (Amend)

    1501:13-4-11 (Amend)

    1501:13-4-12 (Amend)

    1501:13-4-13 (Amend)

    1501:13-4-14 (Amend)

    1501:13-4-15 (Amend)

    1501:13-4-16 (Amend)

    1501:13-5-01 (Amend)

    1501:13-6-03 (Amend)

    1501:13-7-01 (Amend)

    1501:13-7-02 (Amend)

    1501:13-7-03 (Amend)

    1501:13-7-04 (Amend)

    1501:13-7-05 (Amend)

    1501:13-7-05.1 (Adopt)

    1501:13-7-06 (Amend)

    1501:13-7-08 (Amend)

    1501:13-9-01 (Amend)

    1501:13-9-04 (Amend)

    1501:13-9-11 (Amend)

    1501:13-9-13 (Amend)

    1501:13-9-15 (Amend)

    1501:13-13-02 (Amend)

    1501:13-13-06 (Amend)

    1501:13-14-01 (Amend)

    1501:13-14-02 (Amend)

    1501:13-14-03 (Amend)

    1501:13-14-04 (Amend)

     

     

     

     

    1501:13-14-05 (Amend)

    1501:13-14-06 (Amend)

    The proposed rule revisions deal with: Effective date and applicability.

    Definitions.

    Exemption for coal extraction incidental to government financed highway or other construction.

    Availability of records.

    General contents requirements for permit applications. Requirements for coal exploration.

    Permit applications; requirements for legal, financial, compliance and related information.

    Permit application requirements for reclamation and operations plans.

    Permit applications, revisions, and renewals, and transfers, assignments, and sales of permit rights.

    Annual reports and maps.

    Maps showing reaffection of permit area.

    Requirements for permits for special categories of mining.

    Underground mining permit application requirements for information on environmental resources.

    Underground mining permit application requirements for reclamation and operations plans.

    Authorization to conduct coal mining on pollution abatement areas. Requirements for exemption for coal extraction incidental to the extraction of other minerals.

    Review, public participation, and approval or disapproval of permit applications and permit terms and conditions.

    Small Operator Assistance Program.

    General requirements for bonding of coal mining and reclamation operations. Amount and duration of performance bond.

    Form, conditions, and terms of performance bonds. Self-bonding.

    Procedures, criteria, and schedule for release of performance bond.

    Procedures, criteria, and schedule for release of performance security for permits not reliant on the reclamation forfeiture fund.

    Performance bond forfeiture criteria and procedures. Bond release conference.

    Signs and markers.

    Protection of the hydrologic system.

    Protection of fish, wildlife, and related environmental values. Contemporaneous reclamation.

    Revegetation.

    Auger mining additional performance standards.

    Coal preparation plants and support facilities not located at or near the mine site or not within the permit area for a mine.

    Inspections. Enforcement. Civil penalties. Petition for fees.

    Informal conferences. Individual civil penalties.

    A public hearing on the proposed rule amendments, rescission, and adoption will be held at 10:00 a.m. on Wednesday, March 11, 2009; at the Ohio Department of Natural Resources; Division of Mineral Resources Management; 2045 Morse Road; Building H-2 Conference Room; Columbus, Ohio 43229. At the public hearing, any person affected by the proposed rule amendments may appear and be heard in person, or by their attorney, or both, and may present testimony, orally or in writing, offer and examine witnesses, and present evidence tending to show that the proposed rules, if adopted, will be unreasonable or unlawful.

    Copies of the proposed rule revisions are available through the Ohio Department of Natural Resources, Division of Mineral Resources Management, 2045 Morse Road, Building H-2, Columbus, Ohio 43229. If you have any questions, please call the Division of Mineral Resources Management at (614) 265-6633.