Ohio Admin. Code 1501:13-4-01 - General contents requirements for permit applications
(A)
Responsibilities.
(1) Persons seeking to
engage in coal mining and reclamation operations, including underground mining
operations, shall submit an application for and obtain a permit for those
operations in accordance with Chapters 1501:13-4, 1501:13-5, and 1501:13-6 of
the Administrative Code. Persons seeking to conduct coal exploration operations
shall comply with rule
1501:13-4-02
of the Administrative Code.
(2)
The chief shall review each permit application, renewal, revision and notice of
intention to explore, shall approve or disapprove each permit application,
renewal, revision or notice of intention to explore, and shall issue,
condition, suspend, or revoke exploration permits, permits, renewals, or
revised permits.
(B)
Coordination with requirements under other laws. The chief shall, to avoid
duplication, provide for the coordination of review and issuance of permits for
coal mining and reclamation operations with any other federal or state permit
process applicable to these operations including, at a minimum, the applicable
requirements of the Endangered Species Act of 1973, as amended (
16
U.S.C. 1531 et seq.), the Fish and Wildlife
Coordination Act as amended (
16 U.S.C.
661 et seq.), the National Historic
Preservation Act of 1966, as amended (
16 U.S.C.
470 et seq.), the Migratory Bird Treaty Act
of 1918, as amended (
16 U.S.C.
703 et seq.), and the Bald and Golden Eagle
Protection Act, as amended (
16 U.S.C.
668 et seq.) Where there are involved federal
or Indian lands covered by the Archaeological Resources Protection Act of 1979
(
16 U.S.C.
470 aa et seq.), the chief shall provide for
the coordination of review and issuance of permits for coal mining and
reclamation operations with any permit process applicable to these operations
under the Archaeological Resources Protection Act of 1979 (
16 U.S.C.
470 aa et seq.)
(C) Compliance with permits. All persons
shall conduct coal mining and reclamation operations under permits issued
pursuant to these rules, and shall comply with the terms and conditions of the
permit and the requirements of Chapter 1513. of the Revised Code.
(D) Permit applications - general
requirements for format and contents.
(1)
Applications for permits to conduct coal mining and reclamation operations
shall be filed in the format required by the chief. The application shall be
complete and include all the applicable information required under these rules.
(2) Information set forth in the
application shall be current, shall be presented clearly and concisely, and
shall be supported by appropriate references to technical and other written
material available to the chief.
(a) All
technical data submitted in the application shall be accompanied by:
(i) Names of persons or organizations which
collected and analyzed such data;
(ii) Dates of the collection and analyses;
and
(iii) Descriptions of
methodology used to collect and analyze the data.
(b) Technical analyses shall be planned by or
under the direction of a professional qualified in the subject to be analyzed.
(c) The application shall state
the name, address and position of officials of each private or academic
research organization or governmental agency consulted by the applicant in
preparation of the application for information on land uses, soils, geology,
vegetation, fish and wildlife, water quantity and quality, air quality, and
archeological, cultural and historic features.
(3) Maps and plans: general requirements.
(a) Maps submitted with applications shall be
presented in a consolidated format, to the extent possible, and shall include
all the types of information that are set forth on topographic maps of the
United States geological survey of the 1:24,000 scale series.
(b) All maps and plans submitted with the
application shall distinguish among each of the phases during which surface
coal mining operations were or will be conducted at any place within the life
of operations. At a minimum, distinctions shall be clearly shown among those
portions of the life of operations in which surface coal mining operations
occurred:
(i) Prior to August 3, 1977;
(ii) After August 3, 1977, and
prior to either:
(a)
May 3,
1978; or
(b)
In
the case of an applicant or operator that obtained a small operator's exemption
in accordance with
30 CFR
710.12, January 1, 1979;
(iii) After May 3, 1978 (or
January 1, 1979, for operators that obtained a small operator's exemption), and
prior to August 16, 1982; and
(iv)
After the estimated date of issuance of a permit by the chief under Ohio's
approved regulatory program.
(E) Verification of application. Applications
for permits, revisions, renewals or transfers, sales or assignments of permit
rights shall be verified under oath, by a responsible official of the
applicant, that the information contained in the application is true and
correct to the best of the official's information and belief.
(F) For dates of federal rules and
federal rules
laws referenced in this rule, see
paragraph (YYYYYY) ofrule
1501:13-1-02
1501:13-1-14 of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07
Prior Effective Dates: 8/28/78, 8/16/82 (Emer.), 10/27/82, 10/1/88, 4/30/09
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