Ohio Admin. Code 1501:13-3-01 - Standards for demonstration of valid existing rights
(A) Except as
provided in paragraph (B) of this rule, a person claiming valid existing rights
must demonstrate both of the following:
(1) A
property rights demonstration showing that, at the time the land came under the
protection of division (D) of section
1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code, a legally binding conveyance, lease, deed,
contract, or other document vests that person, or a predecessor in interest,
with the right to conduct the type of coal mining operations intended;
and
(2) Compliance with one of the
following standards:
(a) Good faith/all
permits standard. All permits and other authorizations required to conduct coal
mining operations had been obtained, or a good faith effort to obtain all
necessary permits and authorizations had been made, before the land came under
the protection of division (D) of section
1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code. At a minimum, an application must have been
submitted for any permit required under Chapter 1513. of the Revised Code;
or
(b) Needed for and adjacent
standard. The land is needed for and immediately adjacent to a coal mining
operation for which all permits and other authorizations required to conduct
coal mining operations had been obtained, or a good faith attempt to obtain all
permits and authorizations had been made, before the land came under the
protection of division (D) of section
1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code. To meet this standard, the person claiming valid
existing rights shall demonstrate that prohibiting expansion of the operation
onto that land would unfairly impact the viability of the operation as
originally planned before the land came under the protection of division (D) of
section 1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code. Except for operations in existence before August 3,
1977, or for which a good faith effort to obtain all necessary permits had been
made before August 3, 1977, this standard does not apply to lands already under
the protection of division (D) of section
1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code when the chief approved the permit for the original
operation or when the good faith effort to obtain all necessary permits for the
original operation was made. In evaluating whether a person meets this
standard, the chief may consider factors such as:
(i) The extent to which coal supply contracts
or other legal and business commitments that predate the time the land came
under the protection of division (D) of section
1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code depend upon use of that land for coal mining
operations;
(ii) The extent to
which plans used to obtain financing for the operation before the land came
under the protection of division (D) of section
1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code rely upon use of that land for coal mining
operations;
(iii) The extent to
which investments in the operation before the land came under the protection of
division (D) of section
1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code rely upon use of that land for coal mining
operations; and
(iv) Whether the
land lies within the area identified on the life-of-mine map submitted under
paragraph (J)
(A) (29) of rule 1501:13-4-04
1501:13-4-08 or paragraph (J)(29)
(A)(22) of
rule 1501:13-4-13
1501:13-4- 08.1 of the Administrative Code before the
land came under the protection of division (D) of section
1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code.
(B) A person who claims valid existing rights
to use or construct a road across the surface of lands protected by division
(D) of section 1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code shall demonstrate that one or more of the following
circumstances exist if the road is included within the definition of coal
mining operation of rule
1501:13-1-02 of the
Administrative Code:
(1) The road existed when
the land upon which it is located came under the protection of division (D) of
section 1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code, and the person has a legal right to use the road
for coal mining operations;
(2) A
properly recorded right of way or easement for a road in that location existed
when the land came under the protection of division (D) of section
1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code, and, under the document creating the right of way
or easement, and under subsequent conveyances, the person has legal right to
use or construct a road across the right of way or easement for coal mining
operations;
(3) A valid permit for
use or construction of a road in that location for coal mining operations
existed when the land came under the protection of division (D) of section
1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code; or
(4)
Valid existing rights exist under paragraph (A) of this rule.
(C) Possession of valid existing
rights under this rule only confers an exception from the prohibitions of
division (D) of section
1513.073 of the Revised Code or
rule
1501:13-3-03
of the Administrative Code. A person seeking to exercise valid existing rights
shall comply with all other pertinent requirements of Chapter 1513. of the
Revised Code and division 1501:13 of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07, 1513.073
Prior Effective Dates: 10/28/2010, 01/17/2016
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07, 1513.073
Prior Effective Dates: 10/28/10
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