Ohio Code § 1513.35

§ 1513.35.

(A) In addition to the other requirements of this chapter, each permit issued by the

chief of the division of mineral resources management under section 1513.07 of the Revised Code for underground coal mining shall require the operator to: (1) Implement measures consistent with known technology in order to prevent subsidence

from causing material damage to the extent technologically and economically feasible,

maximize mine stability, and maintain the value and reasonably foreseeable use of

such surface lands, except in those instances where the mining technology used requires

planned subsidence in a predictable and controlled manner.  This section does not prohibit the standard method of room and pillar mining. (2) Seal all portals, entryways, drifts, shafts, or other openings between the surface

and underground mine workings when no longer needed for mining operations; (3) Fill or seal exploratory holes no longer necessary for mining, maximizing to the

extent technologically and economically feasible the return of mining and processing

waste, tailings, and any other waste incident to the mining operation, to the mine

workings or excavations; (4) With respect to the surface disposal of mine wastes, tailings, coal processing wastes,

and other wastes in areas other than the mine workings or excavations, stabilize all

surface waste piles created by the operator from current operations through construction

in compacted layers, including the use of noncombustible and impervious materials

if necessary, and ensure that the leachate will not degrade below water quality standards

established pursuant to applicable federal and state law surface or ground waters,

that the final contour of the waste pile will be compatible with natural surroundings,

and that the site is stabilized and revegetated according to this section; (5) Design, locate, construct, operate, maintain, enlarge, modify, and remove or abandon,

in accordance with rules adopted by the chief, all existing and new coal mine waste

piles consisting of mine wastes, tailings, coal processing wastes, or other liquid

and solid wastes and used either temporarily or permanently as dams or embankments; (6) Establish on regraded areas and all other lands affected, a diverse and permanent

vegetative cover capable of self-regeneration and plant succession and at least equal

in extent of cover to the natural vegetation of the area; (7) Protect offsite areas from damage that may result from such mining operations; (8) Eliminate fire hazards and conditions that may constitute a hazard to the health

and safety of the public; (9) Minimize the disturbances of the prevailing hydrologic balance at the minesite and

in associated offsite areas and to the quantity of water in surface and ground water

systems both during and after coal mining operations and during reclamation by: (a) Avoiding acid or other toxic mine drainage by such measures as, but not limited to: (i) Preventing or removing water from contact with toxic producing deposits; (ii) Treating drainage to reduce toxic content that adversely affects downstream water

upon being released to water courses; (iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells to keep acid

or other toxic drainage from entering ground and surface waters. (b) Conducting coal mining operations so as to prevent, to the extent possible using

the best technology currently available, additional contributions of suspended solids

to streamflow or runoff outside the permit area, but in no event shall such contributions

be in excess of requirements set by applicable state or federal law, and avoiding

channel deepening or enlargement in operations requiring the discharge of water from

mines. (10) With respect to other surface impacts not specified in this division, including the

construction of new roads or in improvement or use of existing roads for hauling or

to gain access to the site, repair areas, storage areas, processing areas, shipping

areas, or other areas upon which are sited structures, facilities, or other property

or materials on the surface, resulting from or incident to such activities, operate

in accordance with the standards established under section 1513.16 of the Revised Code for such effects that result from coal mining operations.  The chief shall make such modifications in the requirements imposed by this division

as are necessary to accommodate the difference between strip and underground coal

mining. (11) Minimize disturbances and adverse impacts of the operation on wildlife, fish, and

related environmental values, and achieve enhancement of such resources where practicable,

to the extent possible using the best currently available technology; (12) Locate openings for all new drift mines working acid-producing or iron-producing

coal seams in such a manner so as to prevent a gravity discharge of water from the

mine in accordance with rules adopted by the chief. (B) In order to protect the stability of the land, the chief shall suspend underground

coal mining under urbanized areas, municipal corporations, or unincorporated communities

or adjacent to industrial or commercial buildings, major impoundments, or permanent

streams, if the chief finds imminent danger to inhabitants of the urbanized areas,

municipal corporations, and unincorporated communities. (C) This chapter is applicable to surface operations and surface impacts incident to

an underground coal mine with modifications as are necessary to accommodate the difference

between surface coal mining and underground coal mining.  The chief shall adopt the modifications by rule in accordance with section 1513.02

and Chapter 119. of the Revised Code.