Ohio Admin. Code 1501:13-9-04 Protection of the Hydrologic System

• Library: Ohio Administrative Code
• Edition: 2023
• Currency: Current through all regulations passed and filed through December 25, 2023
• Citation: Ohio Admin. Code 1501:13-9-04
• Year: 2023

(A) General. Mining shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance in both the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the requirements of mining and reclamation rules. The chief may require additional preventive, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.

(B) Water quality standards and effluent limitations.

(1) All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area until vegetation is established, at which time vegetation of the area may be the best technology currently available, provided that drainage from the area (a) Meets effluent limitations; and (b) Does not contribute suspended solids to streamflow.

(2) Sedimentation ponds and other treatment facilities shall be maintained until the quality of the untreated drainage from the disturbed area meets the applicable state and federal water quality standard requirements.

(3) The chief may grant exemptions from the requirements of paragraph (B)(1) of this rule only when (a) The chief determines that the disturbed drainage area relative to the total disturbed area is small; (b) Alternative sediment control measures are provided, if required by the chief; and (c) The operator demonstrates that the drainage from the disturbed area will meet the effluent limitations of mining and reclamation rules.

(4) For the purposes of this rule only "disturbed area" shall not include those areas in which only diversion ditches sedimentation ponds, or roads are installed in accordance with this rule and rule 1501:13Roads: performance standards1501:13-10-01 of the Administrative Code and the upstream area is not otherwise disturbed by the person who conducts coal mining operations.

(5) Before mining commences in any watershed (a) A proper sediment control system including sedimentation ponds, diversions, and other treatment methods shall be constructed; and (b) Upon completion of construction, this sediment control system shall be certified by an engineer or jointly by an engineer and a surveyor, to the extent such joint certification is required or permitted by the chief, as meeting the dimensions and design criteria set forth in the engineering plans, drawings, and design details submitted as part of the application for a permit.

(6) Point source discharge of water from areas disturbed by coal mining operations shall be made in compliance with effluent limitations of all applicable federal and state laws and regulations. All other surface drainage shall not cause additional contributions of suspended solids to streamflows.

(7) Where the sedimentation pond or series of sedimentation ponds is used so as to result in the mixing of drainage from the disturbed areas with drainage from other areas not disturbed by current surface coal mining and reclamation operations, the permittee shall achieve the effluent limitations for all of the mixed drainage when it leaves the permit area.

(C) All facilities utilized by an operator to achieve compliance with federal and state water quality laws shall be properly installed, maintained and operated so that they will perform the functions for which they were designed, and shall be removed in accordance with this rule when no longer needed, unless they have been approved as part of the postmining land use.

(D) Sediment control measures.

(1) The purpose of this rule is to meet the applicable state and federal effluent limitations by means of a combination of sediment control measures which, taken together, comprise a complete sediment control system.

(2) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to: (a) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area; (b) Meet the more stringent of applicable state or federal effluent limitation; and (c) Minimize erosion to the extent possible.

(3) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to: (a) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling and grading, and prompt revegetation as required in rule 1501:13Revegetation1501:13-9-15 of the Administrative Code. (b) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of rule 1501:13Backfilling and grading1501:13-9-14 of the Administrative Code; (c) Retaining sediment within disturbed areas; (d) Diverting runoff away from disturbed areas; (e) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion; (f) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and (g) Treating with chemicals.

(E) Stream buffer zones.

(1) No land within one hundred feet, measured horizontally, of a perennial or intermittent stream shall be disturbed unless the chief specifically authorizes coal mining operations closer to or through such a stream. The chief may authorize such operations only upon making a finding under both paragraphs (E)(1)(a) and (E)(1)(b) of this rule or under paragraph (E)(1)(c) of this rule:(a) The operations will not cause or contribute to the violation of applicable state or federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and (b) If there will be a temporary or permanent stream channel diversion, it will comply with paragraph (F) of this rule; or (c) If restoration of a stream or a portion of a stream on the permit area is not possible, restoration off the permit area by means of mitigation has been approved by the chief under rule 1501:13Restoration off the permit area by means of mitigation1501:13-13-08 of the Administrative Code.

(2) The area not to be disturbed shall be described as a buffer zone, and the operator shall mark it as specified by paragraph (E) of rule 1501:13Signs and markers1501:13-9-01 of the Administrative Code.

(F) Diversions.

(1) General requirements (a) With the approval of the chief, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of paragraph (G) of this rule for siltation structure removal, may be diverted away from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the chief under paragraph (Q) of this rule. (b) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to:(i) Be stable; (ii) Provide protection against flooding and resultant damage to life and property; (iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and (iv) Comply with all applicable local, state, and federal laws and regulations. (c) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with these rules. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian...