Surface Mining Bill

Testimony by Jack Shaner, Ohio Environmental Council, Oct. 3, 2001

Dear Committee Members

The Ohio Environmental Council respectfully asks for your support of Sub. Senate Bill 83 which is scheduled for a possible committee vote this morning.

This proposed legislation represents a vast improvement over the current surface mining statutes. We commend the Department of Natural Resources for undertaking this long overdue update and improvement to the Ohio Surface Mining Law. While believe that there remain several important sections that should be further strengthened (as suggested in our written testimony of June 13, 2001 and as reiterated below), the current bill would substantially improve the regulation of surface mining and in-stream mining in Ohio.

Sub. Senate Bill 83 includes the following very important provisions:

• Extends the Surface Mining Law to certain in-stream mining operations.
• Provides for public comment, review, and notification of surface mining proposals.
• Requires mining operations to be more responsible neighbors to adjacent land owners and to land and water conservation projects by requiring that applicants provide data related to ground water impacts in the permitting process.
• Holds mining operations accountable for the replacement of water supplies for property owners located within the projected cone of depression if mining operations cause diminution, contamination, or interruption of that water supply.
• Requires mining operations to establish a plan for the reclamation of land following the cessation of mining in an area.
• Updates the fee requirements for permitting, including the elimination of the cap on acreage fees.

Despite these substantial improvements, there remain several deficiencies in the bill that should be remedied for the good of the public and of land and water resources.

We respectfully recommend the following improvements to Sub. S.B. 83: ·

• De-watering (1514.02 (A)(16): We recommend codifying a requirement that the Chief of the Division of Mineral Resources must work in conjunction with the Chief of the Division of Water. This will help assure that the best groundwater models are used for each geological setting to best ensure the quantity and safety of water resources in a mining area.
• Home Rule 1514.02 (A)(10)(b): We recommend maintaining the current statute that ensures that future uses within a mining site (reclamation of mined lands) do not conflict with any local zoning laws and comprehensive plan. The bill effectively usurps home rule authority for pending, new, and renewed permits.
• Buffer Zones (1514.01(M); 1514.10(E)(3) and (F)(3): We recommend buffer zones around all streams, not just larger streams and state-designated scenic and wild rivers as proposed in the bill. Mining operations can have potentially negative impacts on stream health due to increased land erosion and stream sedimentation, disrupted or destroyed wildlife habitat, and threatened water quality. Headwater and other smaller streams are critical to the overall health of a watershed and should receive the same protections under the permitting program as the bill proposes for larger streams and rivers. Disrupting streams of any size may have adverse consequences on surrounding waters.

Thank you for considering our perspective and suggestions. We hope that you will favorably recommend Senate Bill 83 for passage and that you will consider including our suggested amendments.

Respectfully,

Jack Shaner .