Ohio § 1513.16

§ 1513.16.

(A) Any permit issued under this chapter to conduct coal mining operations shall require

that the operations meet all applicable performance standards of this chapter and

such other requirements as the chief of the division of mineral resources management

shall adopt by rule.  General performance standards shall apply to all coal mining and reclamation operations

and shall require the operator at a minimum to do all of the following: (1) Conduct coal mining operations so as to maximize the utilization and conservation

of the solid fuel resource being recovered so that reaffecting the land in the future

through coal mining can be minimized; (2) Restore the land affected to a condition capable of supporting the uses that it was

capable of supporting prior to any mining, or higher or better uses of which there

is reasonable likelihood, so long as the uses do not present any actual or probable

hazard to public health or safety or pose any actual or probable threat of diminution

or pollution of the waters of the state, and the permit applicants' declared proposed

land uses following reclamation are not considered to be impractical or unreasonable,

to be inconsistent with applicable land use policies and plans, to involve unreasonable

delay in implementation, or to violate federal, state, or local law; (3) Except as provided in division (B) of this section, with respect to all coal mining

operations, backfill, compact where advisable to ensure stability or to prevent leaching

of toxic materials, and grade in order to restore the approximate original contour

of the land with all highwalls, spoil piles, and depressions eliminated unless small

depressions are needed in order to retain moisture to assist revegetation or as otherwise

authorized pursuant to this chapter, provided that if the operator demonstrates that

due to volumetric expansion the amount of overburden and the spoil and waste materials

removed in the course of the mining operation are more than sufficient to restore

the approximate original contour, the operator shall backfill, grade, and compact

the excess overburden and other spoil and waste materials to attain the lowest grade,

but not more than the angle of repose, and to cover all acid-forming and other toxic

materials in order to achieve an ecologically sound land use compatible with the surrounding

region in accordance with the approved mining plan.  The overburden or spoil shall be shaped and graded in such a way as to prevent slides,

erosion, and water pollution and shall be revegetated in accordance with this chapter. (4) Stabilize and protect all surface areas, including spoil piles affected by the coal

mining and reclamation operation, to control erosion and attendant air and water pollution

effectively; (5) Remove the topsoil from the land in a separate layer, replace it on the backfill

area, or, if not utilized immediately, segregate it in a separate pile from the spoil,

and when the topsoil is not replaced on a backfill area within a time short enough

to avoid deterioration of the topsoil, maintain a successful cover by quick-growing

plants or other means thereafter so that the topsoil is preserved from wind and water

erosion, remains free of any contamination by acid or other toxic material, and is

in a usable condition for sustaining vegetation when restored during reclamation.  If the topsoil is of insufficient quantity or of poor quality for sustaining vegetation

or if other strata can be shown to be more suitable for vegetation requirements, the

operator shall remove, segregate, and preserve in a like manner such other strata

as are best able to support vegetation. (6) Restore the topsoil or the best available subsoil that is best able to support vegetation; (7) For all prime farmlands as identified in division (B)(1)(p) of section 1513.07 of the Revised Code to be mined and reclaimed, perform soil removal, storage, replacement, and reconstruction

in accordance with specifications established by the secretary of the United States

department of agriculture under the “Surface Mining Control and Reclamation Act of

1977,” 91 Stat. 445, 30 U.S.C.A. 1201 .  The operator, at a minimum, shall be required to do all of the following: (a) Segregate the A horizon of the natural soil, except where it can be shown that other

available soil materials will create a final soil having a greater productive capacity,

and, if not utilized immediately, stockpile this material separately from the spoil

and provide needed protection from wind and water erosion or contamination by acid

or other toxic material; (b) Segregate the B horizon of the natural soil, or underlying C horizons or other strata,

or a combination of such horizons or other strata that are shown to be both texturally

and chemically suitable for plant growth and that can be shown to be equally or more

favorable for plant growth than the B horizon, in sufficient quantities to create

in the regraded final soil a root zone of comparable depth and quality to that which

existed in the natural soil, and, if not utilized immediately, stockpile this material

separately from the spoil and provide needed protection from wind and water erosion

or contamination by acid or other toxic material; (c) Replace and regrade the root zone material described in division (A)(7)(b) of this

section with proper compaction and uniform depth over the regraded spoil material; (d) Redistribute and grade in a uniform manner the surface soil horizon described in

division (A)(7)(a) of this section. (8) Create, if authorized in the approved mining and reclamation plan and permit, permanent

impoundments of water on mining sites as part of reclamation activities only when

it is adequately demonstrated by the operator that all of the following conditions

will be met: (a) The size of the impoundment is adequate for its intended purposes. (b) The impoundment dam construction will be so designed as to achieve necessary stability

with an adequate margin of safety compatible with that of structures constructed under

the “Watershed Protection and Flood Prevention Act,” 68 Stat. 666 (1954), 16 U.S.C. 1001 , as amended. (c) The quality of impounded water will be suitable on a permanent basis for its intended

use and discharges from the impoundment will not degrade the water quality below water

quality standards established pursuant to applicable federal and state law in the

receiving stream. (d) The level of water will be reasonably stable. (e) Final grading will provide adequate safety and access for proposed water users. (f) The water impoundments will not result in the diminution of the quality or quantity

of water utilized by adjacent or surrounding landowners for agricultural, industrial,

recreational, or domestic uses. (9) Conduct any augering operation associated with strip mining in a manner to maximize

recoverability of mineral reserves remaining after the operation and reclamation are

complete and seal all auger holes with an impervious and noncombustible material in

order to prevent drainage, except where the chief determines that the resulting impoundment

of water in such auger holes may create a hazard to the environment or the public

health or safety.  The chief may prohibit augering if necessary to maximize the utilization, recoverability,

or conservation of the solid fuel resources or to protect against adverse water quality

impacts. (10) Minimize the disturbances to the prevailing hydrologic balance at the mine site and

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

ground water systems both during and after coal mining operations and during reclamation

by doing all of the following: (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 in accordance with rules adopted by the chief

in accordance with section 1513.02 of the Revised Code ; (iii) Casing, sealing, or otherwise managing boreholes, shafts, and wells, and keeping

acid or other toxic drainage from entering ground and surface waters. (b)(i) 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 contributions

be in excess of requirements set by applicable state or federal laws; (ii) Constructing any siltation structures pursuant to division (A)(10)(b)(i) of this

section prior to commencement of coal mining operations.  The structures shall be certified by persons approved by the chief to be constructed

as designed and as approved in the reclamation plan. (c) Cleaning out and removing temporary or large settling ponds or other siltation structures

from drainways after disturbed areas are revegetated and stabilized, and depositing

the silt and debris at a site and in a manner approved by the chief; (d) Restoring recharge capacity of the mined area to approximate premining conditions; (e) Avoiding channel deepening or enlargement in operations requiring the discharge of

water from mines; (f) Such other actions as the chief may prescribe. (11) With respect to surface disposal of mine wastes, tailings, coal processing wastes,

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

all waste piles in designated areas through construction in compacted layers, including

the use of noncombustible and impervious materials if necessary, and ensure that the

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

the site can and will be stabilized and revegetated according to this chapter; (12) Refrain from coal mining within five hundred feet of active and abandoned underground

mines in order to prevent breakthroughs and to protect the health or safety of miners.  The chief shall permit an operator to mine near, through, or partially through an

abandoned underground mine or closer than five hundred feet to an active underground

mine if both of the following conditions are met: (a) The nature, timing, and sequencing of the approximate coincidence of specific strip

mine activities with specific underground mine activities are approved by the chief. (b) The operations will result in improved resource recovery, abatement of water pollution,

or elimination of hazards to the health and safety of the public. (13) Design, locate, construct, operate, maintain, enlarge, modify, and remove or abandon,

in accordance with the standards and criteria developed pursuant to 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; (14) Ensure that all debris, acid-forming materials, toxic materials, or materials constituting

a fire hazard are treated or buried and compacted or otherwise disposed of in a manner

designed to prevent contamination of ground or surface waters and that contingency

plans are developed to prevent sustained combustion; (15) Ensure that all reclamation efforts proceed in an environmentally sound manner and

as contemporaneously as practicable with the coal mining operations, except that where

the applicant proposes to combine strip mining operations with underground mining

operations to ensure maximum practical recovery of the mineral resources, the chief

may grant a variance for specific areas within the reclamation plan from the requirement

that reclamation efforts proceed as contemporaneously as practicable to permit underground

mining operations prior to reclamation if: (a) The chief finds in writing that: (i) The applicant has presented, as part of the permit application, specific, feasible

plans for the proposed underground mining operations. (ii) The proposed underground mining operations are necessary or desirable to ensure maximum

practical recovery of the mineral resource and will avoid multiple disturbance of

the surface. (iii) The applicant has satisfactorily demonstrated that the plan for the underground mining

operations conforms to requirements for underground mining in this state and that

permits necessary for the underground mining operations have been issued by the appropriate

authority. (iv) The areas proposed for the variance have been shown by the applicant to be necessary

for the implementing of the proposed underground mining operations. (v) No substantial adverse environmental damage, either on-site or off-site, will result

from the delay in completion of reclamation as required by this chapter. (vi) Provisions for the off-site storage of spoil will comply with division (A)(21) of

this section. (b) The chief has adopted specific rules to govern the granting of such variances in

accordance with this division and has imposed such additional requirements as the

chief considers necessary. (c) Variances granted under this division shall be reviewed by the chief not more than

three years from the date of issuance of the permit. (d) Liability under the performance security filed by the applicant with the chief pursuant

to section 1513.08 of the Revised Code shall be for the duration of the underground mining operations and until the requirements

of this section and section 1513.08 of the Revised Code have been fully complied with. (16) Ensure that the construction, maintenance, and postmining conditions of access roads

into and across the site of operations will control or prevent erosion and siltation,

pollution of water, and damage to fish or wildlife or their habitat, or to public

or private property; (17) Refrain from the construction of roads or other access ways up a stream bed or drainage

channel or in such proximity to the channel as to seriously alter the normal flow

of water; (18) Establish, on the regraded areas and all other lands affected, a diverse, effective,

and permanent vegetative cover of the same seasonal variety native to the area of

land to be affected and capable of self-regeneration and plant succession at least

equal in extent of cover to the natural vegetation of the area, except that introduced

species may be used in the revegetation process where desirable and necessary to achieve

the approved postmining land use plan; (19)(a) Assume the responsibility for successful revegetation, as required by division (A)(18)

of this section, for a period of five full years after the last year of augmented

seeding, fertilizing, irrigation, or other work in order to ensure compliance with

that division, except that when the chief approves a long-term intensive agricultural

postmining land use, the applicable five-year period of responsibility for revegetation

shall commence at the date of initial planting for that long-term intensive agricultural

postmining land use, and except that when the chief issues a written finding approving

a long-term intensive agricultural postmining land use as part of the mining and reclamation

plan, the chief may grant an exception to division (A)(18) of this section; (b) On lands eligible for remining, assume the responsibility for successful revegetation,

as required by division (A)(18) of this section, for a period of two full years after

the last year of augmented seeding, fertilizing, irrigation, or other work in order

to ensure compliance with that division. (20) Protect off-site areas from slides or damage occurring during the coal mining and

reclamation operations and not deposit spoil material or locate any part of the operations

or waste accumulations outside the permit area; (21) Place all excess spoil material resulting from coal mining and reclamation operations

in such a manner that all of the following apply: (a) Spoil is transported and placed in a controlled manner in position for concurrent

compaction and in such a way as to ensure mass stability and to prevent mass movement. (b) The areas of disposal are within the permit areas for which performance security

has been provided.  All organic matter shall be removed immediately prior to spoil placement except

in the zoned concept method. (c) Appropriate surface and internal drainage systems and diversion ditches are used

so as to prevent spoil erosion and mass movement. (d) The disposal area does not contain springs, natural watercourses, or wet weather

seeps unless lateral drains are constructed from the wet areas to the main underdrains

in such a manner that filtration of the water into the spoil pile will be prevented

unless the zoned concept method is used. (e) If placed on a slope, the spoil is placed upon the most moderate slope among those

slopes upon which, in the judgment of the chief, the spoil could be placed in compliance

with all the requirements of this chapter and is placed, where possible, upon, or

above, a natural terrace, bench, or berm if that placement provides additional stability

and prevents mass movement. (f) Where the toe of the spoil rests on a downslope, a rock toe buttress of sufficient

size to prevent mass movement is constructed. (g) The final configuration is compatible with the natural drainage pattern and surroundings

and suitable for intended uses. (h) Design of the spoil disposal area is certified by a qualified registered professional

engineer in conformance with professional standards. (i) All other provisions of this chapter are met. (22) Meet such other criteria as are necessary to achieve reclamation in accordance with

the purpose of this chapter, taking into consideration the physical, climatological,

and other characteristics of the site; (23) To the extent possible, using the best technology currently available, minimize disturbances

and adverse impacts of the operation on fish, wildlife, and related environmental

values, and achieve enhancement of such resources where practicable; (24) Provide for an undisturbed natural barrier beginning at the elevation of the lowest

coal seam to be mined and extending from the outslope for such distance as the chief

shall determine to be retained in place as a barrier to slides and erosion; (25) Restore on the permit area streams and wetlands affected by mining operations unless

the chief approves restoration off the permit area without a permit required by section 1513.07 or 1513.074 of the Revised Code , instead of restoration on the permit area, of a stream or wetland or a portion of

a stream or wetland, provided that the chief first makes all of the following written

determinations: (a) A hydrologic and engineering assessment of the affected lands, submitted by the operator,

demonstrates that restoration on the permit area is not possible. (b) The proposed mitigation plan under which mitigation activities described in division

(A)(25)(c) of this section will be conducted is limited to a stream or wetland, or

a portion of a stream or wetland, for which restoration on the permit area is not

possible. (c) Mitigation activities off the permit area, including mitigation banking and payment

of in-lieu mitigation fees, will be performed pursuant to a permit issued under sections

401 and 404 of the “Federal Water Pollution Control Act” as defined in section 6111.01 of the Revised Code or an isolated wetland permit issued under Chapter 6111. of the Revised Code or pursuant

to a no-cost reclamation contract for the restoration of water resources affected

by past mining activities pursuant to section 1513.37 of the Revised Code . (d) The proposed mitigation plan and mitigation activities comply with the standards

established in this section. If the chief approves restoration off the permit area in accordance with this division,

the operator shall complete all mitigation construction or other activities required

by the mitigation plan. Performance security for reclamation activities on the permit area shall be released

pursuant to division (F) of this section, except that the release of the remaining

portion of performance security under division (F)(3)(c) of this section shall not

be approved prior to the construction of required mitigation activities off the permit

area. (B)(1) The chief may permit mining operations for the purposes set forth in division (B)(3)

of this section. (2) When an applicant meets the requirements of divisions (B)(3) and (4) of this section,

a permit without regard to the requirement to restore to approximate original contour

known as mountain top removal set forth in divisions (A)(3) or (C)(2) and (3) of this

section may be granted for the mining of coal where the mining operation will remove

an entire coal seam or seams running through the upper fraction of a mountain, ridge,

or hill, except as provided in division (B)(4)(a) of this section, by removing all

of the overburden and creating a level plateau or a gently rolling contour with no

highwalls remaining, and capable of supporting postmining uses in accordance with

this division. (3) In cases where an industrial, commercial, agricultural, residential, or public facility

use, including recreational facilities, is proposed for the postmining use of the

affected land, the chief may grant a permit for a mining operation of the nature described

in division (B)(2) of this section when all of the following apply: (a) After consultation with the appropriate land use planning agencies, if any, the proposed

postmining land use is considered to constitute an equal or better economic or public

use of the affected land, as compared with premining use. (b) The applicant presents specific plans for the proposed postmining land use and appropriate

assurances that the use will be all of the following: (i) Compatible with adjacent land uses; (ii) Obtainable according to data regarding expected need and market; (iii) Assured of investment in necessary public facilities; (iv) Supported by commitments from public agencies where appropriate; (v) Practicable with respect to private financial capability for completion of the proposed

use; (vi) Planned pursuant to a schedule attached to the reclamation plan so as to integrate

the mining operation and reclamation with the postmining land use; (vii) Designed by a registered engineer in conformity with professional standards established

to ensure the stability, drainage, and configuration necessary for the intended use

of the site. (c) The proposed use is consistent with adjacent land uses and existing state and local

land use plans and programs. (d) The chief provides the governing body of the unit of general-purpose local government

in which the land is located, and any state or federal agency that the chief, in the

chief's discretion, determines to have an interest in the proposed use, an opportunity

of not more than sixty days to review and comment on the proposed use. (e) All other requirements of this chapter will be met. (4) In granting a permit pursuant to this division, the chief shall require that each

of the following is met: (a) The toe of the lowest coal seam and the overburden associated with it are retained

in place as a barrier to slides and erosion. (b) The reclaimed area is stable. (c) The resulting plateau or rolling contour drains inward from the outslopes except

at specified points. (d) No damage will be done to natural watercourses. (e) Spoil will be placed on the mountaintop bench as is necessary to achieve the planned

postmining land use, except that all excess spoil material not retained on the mountaintop

bench shall be placed in accordance with division (A)(21) of this section. (f) Stability of the spoil retained on the mountaintop bench is ensured and the other

requirements of this chapter are met. (5) The chief shall adopt specific rules to govern the granting of permits in accordance

with divisions (B)(1) to (4) of this section and may impose such additional requirements

as the chief considers necessary. (6) All permits granted under divisions (B)(1) to (4) of this section shall be reviewed

not more than three years from the date of issuance of the permit unless the applicant

affirmatively demonstrates that the proposed development is proceeding in accordance

with the terms of the approved schedule and reclamation plan. (C) All of the following performance standards apply to steep-slope coal mining and are

in addition to those general performance standards required by this section, except

that this division does not apply to those situations in which an operator is mining

on flat or gently rolling terrain on which an occasional steep slope is encountered

through which the mining operation is to proceed, leaving a plain or predominantly

flat area, or where an operator is in compliance with division (B) of this section: (1) The operator shall ensure that when performing coal mining on steep slopes, no debris,

abandoned or disabled equipment, spoil material, or waste mineral matter is placed

on the downslope below the bench or mining cut.  Spoil material in excess of that required for the reconstruction of the approximate

original contour under division (A)(3) or (C)(2) of this section shall be permanently

stored pursuant to division (A)(21) of this section. (2) The operator shall complete backfilling with spoil material to cover completely the

highwall and return the site to the approximate original contour, which material will

maintain stability following mining and reclamation. (3) The operator shall not disturb land above the top of the highwall unless the chief

finds that the disturbance will facilitate compliance with the environmental protection

standards of this section, except that any such disturbance involving land above the

highwall shall be limited to that amount of land necessary to facilitate compliance. (D)(1) The chief may permit variances for the purposes set forth in division (D)(3) of this

section, provided that the watershed control of the area is improved and that complete

backfilling with spoil material shall be required to cover completely the highwall,

which material will maintain stability following mining and reclamation. (2) Where an applicant meets the requirements of divisions (D)(3) and (4) of this section,

a variance from the requirement to restore to approximate original contour set forth

in division (C)(2) of this section may be granted for the mining of coal when the

owner of the surface knowingly requests in writing, as a part of the permit application,

that such a variance be granted so as to render the land, after reclamation, suitable

for an industrial, commercial, residential, or public use, including recreational

facilities, in accordance with divisions (D)(3) and (4) of this section. (3) A variance pursuant to division (D)(2) of this section may be granted if: (a) After consultation with the appropriate land use planning agencies, if any, the potential

use of the affected land is considered to constitute an equal or better economic or

public use. (b) The postmining land condition is designed and certified by a registered professional

engineer in conformity with professional standards established to ensure the stability,

drainage, and configuration necessary for the intended use of the site. (c) After approval of the appropriate state environmental agencies, the watershed of

the affected land is considered to be improved. (4) In granting a variance pursuant to division (D) of this section, the chief shall

require that only such amount of spoil will be placed off the mine bench as is necessary

to achieve the planned postmining land use, ensure stability of the spoil retained

on the bench, and meet all other requirements of this chapter.  All spoil placement off the mine bench shall comply with division (A)(21) of this

section. (5) The chief shall adopt specific rules to govern the granting of variances under division

(D) of this section and may impose such additional requirements as the chief considers

necessary. (6) All variances granted under division (D) of this section shall be reviewed not more

than three years from the date of issuance of the permit unless the permittee affirmatively

demonstrates that the proposed development is proceeding in accordance with the terms

of the reclamation plan. (E) The chief shall establish standards and criteria regulating the design, location,

construction, operation, maintenance, enlargement, modification, removal, and abandonment

of new and existing coal mine waste piles referred to in division (A)(13) of this

section and division (A)(5) of section 1513.35 of the Revised Code .  The standards and criteria shall conform to the standards and criteria used by the

chief of the United States army corps of engineers to ensure that flood control structures

are safe and effectively perform their intended function.  In addition to engineering and other technical specifications, the standards and

criteria developed pursuant to this division shall include provisions for review and

approval of plans and specifications prior to construction, enlargement, modification,

removal, or abandonment;  performance of periodic inspections during construction;

 issuance of certificates of approval upon completion of construction;  performance

of periodic safety inspections;  and issuance of notices for required remedial or

maintenance work. (F)(1) The permittee may file a request with the chief for release of a part of a performance

security under division (F)(3) of this section.  Within thirty days after any request for performance security release under this

section has been filed with the chief, the operator shall submit a copy of an advertisement

placed at least once a week for four successive weeks in a newspaper of general circulation

in the locality of the coal mining operation.  The advertisement shall be considered part of any performance security release application

and shall contain a notification of the precise location of the land affected, the

number of acres, the permit number and the date approved, the amount of the performance

security filed and the portion sought to be released, the type and appropriate dates

of reclamation work performed, and a description of the results achieved as they relate

to the operator's approved reclamation plan and, if applicable, the operator's pollution

abatement plan.  In addition, as part of any performance security release application, the applicant

shall submit copies of the letters sent to adjoining property owners, local governmental

bodies, planning agencies, and sewage and water treatment authorities or water companies

in the locality in which the coal mining and reclamation activities took place, notifying

them of the applicant's intention to seek release from the performance security. (2) Upon receipt of a copy of the advertisement and request for release of a performance

security under division (F)(3)(c) of this section, the chief, within thirty days,

shall conduct an inspection and evaluation of the reclamation work involved.  The evaluation shall consider, among other things, the degree of difficulty to complete

any remaining reclamation, whether pollution of surface and subsurface water is occurring,

the probability of continuation or future occurrence of the pollution, and the estimated

cost of abating the pollution.  The chief shall notify the permittee in writing of the decision to release or not

to release all or part of the performance security within sixty days after the filing

of the request if no public hearing is held pursuant to division (F)(6) of this section

or, if there has been a public hearing held pursuant to division (F)(6) of this section,

within thirty days thereafter. (3) The chief may release the performance security if the reclamation covered by the

performance security or portion thereof has been accomplished as required by this

chapter and rules adopted under it according to the following schedule: (a) When the operator completes the backfilling, regrading, and drainage control of an

area for which performance security has been provided in accordance with the approved

reclamation plan, and, if the area covered by the performance security is one for

which an authorization was made under division (E)(7) of section 1513.07 of the Revised Code , the operator has complied with the approved pollution abatement plan and all additional

requirements established by the chief in rules adopted under section 1513.02 of the Revised Code governing coal mining and reclamation operations on pollution abatement areas, the

chief shall grant a release of fifty per cent of the performance security for the

applicable permit area. (b) After resoiling and revegetation have been established on the regraded mined lands

in accordance with the approved reclamation plan, the chief shall grant a release

in an amount not exceeding thirty-five per cent of the original performance security

for all or part of the affected area under the permit.  When determining the amount of performance security to be released after successful

revegetation has been established, the chief shall retain that amount of performance

security for the revegetated area that would be sufficient for a third party to cover

the cost of reestablishing revegetation for the period specified for operator responsibility

in this section for reestablishing revegetation.  No part of the performance security shall be released under this division so long

as the lands to which the release would be applicable are contributing suspended solids

to streamflow or runoff outside the permit area in excess of the requirements of this

section or until soil productivity for prime farmlands has returned to equivalent

levels of yield as nonmined land of the same soil type in the surrounding area under

equivalent management practices as determined from the soil survey performed pursuant

to section 1513.07 of the Revised Code .  If the area covered by the performance security is one for which an authorization

was made under division (E)(7) of section 1513.07 of the Revised Code , no part of the performance security shall be released under this division until

the operator has complied with the approved pollution abatement plan and all additional

requirements established by the chief in rules adopted under section 1513.02 of the Revised Code governing coal mining and reclamation operations on pollution abatement areas.  Where a silt dam is to be retained as a permanent impoundment pursuant to division

(A)(10) of this section, the portion of performance security may be released under

this division so long as provisions for sound future maintenance by the operator or

the landowner have been made with the chief. (c) When the operator has completed successfully all coal mining and reclamation activities,

including, if applicable, all additional requirements established in the pollution

abatement plan approved under division (E)(7) of section 1513.07 of the Revised Code and all additional requirements established by the chief in rules adopted under section 1513.02 of the Revised Code governing coal mining and reclamation operations on pollution abatement areas, the

chief shall release all or any of the remaining portion of the performance security

for all or part of the affected area under a permit, but not before the expiration

of the period specified for operator responsibility in this section, except that the

chief may adopt rules for a variance to the operator period of responsibility considering

vegetation success and probability of continued growth and consent of the landowner,

provided that no performance security shall be fully released until all reclamation

requirements of this chapter are fully met. (4) If the chief disapproves the application for release of the performance security

or portion thereof, the chief shall notify the permittee, in writing, stating the

reasons for disapproval and recommending corrective actions necessary to secure the

release, and allowing the opportunity for a public adjudicatory hearing. (5) When any application for total or partial performance security release is filed with

the chief under this section, the chief shall notify the municipal corporation in

which the coal mining operation is located by certified mail at least thirty days

prior to the release of all or a portion of the performance security. (6) A person with a valid legal interest that might be adversely affected by release

of a performance security under this section or the responsible officer or head of

any federal, state, or local government agency that has jurisdiction by law or special

expertise with respect to any environmental, social, or economic impact involved in

the operation or is authorized to develop and enforce environmental standards with

respect to such operations may file written objections to the proposed release from

the performance security with the chief within thirty days after the last publication

of the notice required by division (F)(1) of this section.  If written objections are filed and an informal conference is requested, the chief

shall inform all interested parties of the time and place of the conference.  The date, time, and location of the informal conference shall be advertised by the

chief in a newspaper of general circulation in the locality of the coal mining operation

proposed for performance security release for at least once a week for two consecutive

weeks.  The informal conference shall be held in the locality of the coal mining operation

proposed for performance security release or in Franklin county, at the option of

the objector, within thirty days after the request for the conference.  An electronic record shall be made of the conference proceeding unless waived by

all parties.  The record shall be maintained and shall be accessible to the parties until final

release of the performance security at issue.  In the event all parties requesting the informal conference stipulate agreement

prior to the requested informal conference and withdraw their request, the informal

conference need not be held. (7) If an informal conference has been held pursuant to division (F)(6) of this section,

the chief shall issue and furnish the applicant and persons who participated in the

conference with the written decision regarding the release within sixty days after

the conference.  Within thirty days after notification of the final decision of the chief regarding

the performance security release, the applicant or any person with an interest that

is or may be adversely affected by the decision may appeal the decision to the reclamation

commission pursuant to section 1513.13 of the Revised Code . (8)(a) If the chief determines that a permittee is responsible for mine drainage that requires

water treatment after reclamation is completed under the terms of the permit or that

a permittee must provide an alternative water supply after reclamation is completed

under the terms of the permit, the permittee shall provide alternative financial security

in an amount determined by the chief prior to the release of the remaining portion

of performance security under division (F)(3)(c) of this section.  The alternative financial security shall be in an amount that is equal to or greater

than the present value of the estimated cost over time to develop and implement mine

drainage plans and provide water treatment or in an amount that is necessary to provide

and maintain an alternative water supply, as applicable.  The alternative financial security shall include a contract, trust, or other agreement

or mechanism that is enforceable under law to provide long-term water treatment or

a long-term alternative water supply, or both.  The contract, trust, or other agreement or mechanism included with the alternative

financial security may provide for the funding of the alternative financial security

incrementally over a period of time, not to exceed five years, with reliance on guarantees

or other collateral provided by the permittee and approved by the chief for the balance

of the alternative financial security required until the alternative financial security

has been fully funded by the permittee. (b) The chief shall adopt rules in accordance with Chapter 119. of the Revised Code that

are necessary for the administration of division (F)(8)(a) of this section. (c) If the chief determines that a permittee must provide alternative financial security

under division (F)(8)(a) of this section and the performance security for the permit

was provided under division (C)(2) of section 1513.08 of the Revised Code , the permittee may fund the alternative financial security incrementally over a period

of time, not to exceed five years, with reliance on the reclamation forfeiture fund

created in section 1513.18 of the Revised Code for the balance of the alternative financial security required until the alternative

financial security has been fully funded by the permittee.  The permittee semiannually shall pay to the division of mineral resources management

a fee that is equal to seven and one-half per cent of the average balance of the alternative

financial security that is being provided by reliance on the reclamation forfeiture

fund over the previous six months.  All money received from the fee shall be credited to the reclamation forfeiture

fund. (9) Final release of the performance security in accordance with division (F)(3)(c) of

this section terminates the jurisdiction of the chief under this chapter over the

reclaimed site of a surface coal mining and reclamation operation or applicable portion

of an operation.  However, the chief shall reassert jurisdiction over such a site if the release was

based on fraud, collusion, or misrepresentation of a material fact and the chief,

in writing, demonstrates evidence of the fraud, collusion, or misrepresentation.  Any person with an interest that is or may be adversely affected by the chief's

determination may appeal the determination to the reclamation commission in accordance

with section 1513.13 of the Revised Code . (G) The chief shall adopt rules governing the criteria for forfeiture of performance

security, the method of determining the forfeited amount, and the procedures to be

followed in the event of forfeiture.  Cash received as the result of such forfeiture is the property of the state.