1501:13-7-05.1 Procedures, criteria, and schedule for release of performance security for permits not reliant on the reclamation forfeiture fund.

 

 

 

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:

 

1501:13-1-02 (Amend)

1501:13-1-03 (Amend)

1501:13-1-04 (Amend)

1501:13-1-08 (Amend)

1501:13-1-10 (Amend)

1501:13-1-12 (Amend)

1501:13-1-14 (Adopt)

1501:13-3-01 (Adopt)

1501:13-3-02 (Adopt)

1501:13-3-03 (Amend)

1501:13-3-04 (Amend)

1501:13-3-07 (Amend)

1501:13-4-01 (Amend)

1501:13-4-02 (Amend)

1501:13-4-04 (Amend)

1501:13-4-05 (Amend)

1501:13-4-06 (Amend)

1501:13-4-08 (Amend)

1501:13-4-09 (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)

1501:13-5-02 (Amend)

1501:13-6-03 (Amend)

1501:13-7-02 (Amend)

1501:13-7-05 (Amend)

1501:13-7-05.1 (Amend)

1501:13-7-06.1 (Adopt)

1501:13-9-03 (Amend)

1501:13-9-04 (Amend)

1501:13-9-06 (Amend)

1501:13-9-09 (Amend)

1501:13-9-10 (Amend)

1501:13-9-11 (Amend)

1501:13-9-13 (Amend)

 

 

 

 

1501:13-12-03 (Amend)

1501:13-13-02 (Amend)

1501:13-14-02 (Amend)

1501:13-14-05 (Amend)

The proposed rule revisions deal with: Definitions.

Restrictions on financial interest of employees.

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

Petitions to initiate rule making. Availability of records.

Notice of public hearing to adopt, amend or rescind rules. Incorporation by reference.

Standards for demonstration of valid existing rights.

Submission and processing of requests for valid existing rights determinations. Areas where mining is prohibited or limited.

Procedures for identifying areas where mining is prohibited or limited. Procedures for designating areas unsuitable for coal mining operations. General contents requirements for permit applications.

Requirements of coal exploration.

Permit application requirements for information on environmental resources. Permit application requirements for reclamation and operations plans.

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

Hydrologic map and cross-sections. General map requirements.

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.

Improvidently issued permits. Small operator assistance program.

Amount and duration of performance security.

Procedures, criteria, and schedule for release of performance security for permits reliant on the reclamation forfeiture fund.

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

Tax credit for reclamation outside an applicant's permit area. Topsoil handling.

Protection of the hydrologic system. Use of explosives.

Disposal of coal mine wastes and noncoal mine wastes. Training, examination, and certification of blasters.

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

Subsidence control.

Auger mining additional performance standards. Enforcement.

Informal conferences.

A public hearing on the proposed rule amendments, rescission, and adoption will be held at 9:30 a.m. on Monday, July 12, 2010, 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 on the Register of Ohio website, http://www.registerofohio.state.oh.us/index.jsp. For persons who do not have access to the Internet, copies of the proposed rule revisions are available from 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 [phone].