Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-2-15 - Performance Standards Applicable Only to Underground Mining Operations15.1. Site Development. 15.1.a. Time Schedule for Site Excavation. The time schedule for site excavation shall be consistent with the approved preplan and shall provide for minimum exposure of disturbed area over a given time frame in a manner consistent with environmentally sound procedures. Regrading and stabilization of all areas disturbed in the development of the mine site shall proceed as contemporaneously as practicable. In any event, all required drainage system components and roads necessary for site construction shall be installed in accordance with the approved preplan prior to any disturbance for site development.15.1.b. Temporary Storage of Overburden to be Used for Backfilling and Regrading. All material to be used in final regrading must be placed within the permit area as specified in the approved plan in a manner which will insure mass stability in accordance with this rule and revegetated to prevent erosion.15.1.c. Temporary Revegetation. All topsoil and spoil storage areas which will be in place for more than six (6) months but less than one (1) year shall at a minimum be seeded and mulched so as to establish a satisfactory stand of temporary vegetative cover. This seeding and mulching must be done promptly.15.1.d. Permanent Revegetation. All topsoil, spoil storage and other disturbed areas which will be in place for longer than one (1) year shall be mulched promptly, seeded, and/or planted during the first seeding season following disturbance so as to establish a satisfactory permanent vegetative cover. Trees shall be required only on those areas that: 15.1.d.1. Will not be redisturbed by future reclamation activities; or15.1.d.2. Are necessary in order to meet the approved postmining land use.15.1.e. Mine Site Organization and Aesthetics. Indiscriminate dumping or discarding of materials, litter, junked equipment, containers, or other waste materials such as lubricants, paints, flammable liquids, garbage, lumber or other combustible material generated or used shall be prohibited. These materials shall be properly placed in areas specifically designated for their storage or disposal or removed from the area. Regrading and revegetation of the disposal areas shall be planned and carried out where possible in a manner which results in the covering or screening of offensive and unsightly areas.15.1.f. Noncoal waste disposal sites shall: 15.1.f.1. Be designed and constructed so as not to degrade surface or groundwaters;15.1.f.2. Not be located within eight (8) feet of any coal outcrop or coal storage area;15.1.f.3. Not be deposited in a refuse pile or impounding structure;15.1.f.4. Be compacted; and15.1.f.5. Be covered with at least two (2) feet of soil, stabilized, and revegetated after completion.15.2. Backfilling and Regrading. 15.2.a. General. Spoil returned to the mined-out area shall be backfilled and graded to approximate original contour with all highwalls eliminated and a postmining slope that does not exceed either the angle of repose or such lesser slope as is necessary to achieve a minimum long-term static safety factor of 1.3 and prevent slides.15.2.b. Time Schedule for Regrading and Backfilling. Regrading and backfilling will be completed as contemporaneously as practicable with mining operations and as reflected on the approved mining and reclamation plan; provided, however, that reclamation activities shall be initiated within thirty (30) days, and final backfilling and regrading shall be initiated within one hundred eighty (180) days of completion of underground operations. Should particular site conditions or weather make adherence to these guidelines impractical, the period of time required to be current may be reasonably extended.15.2.c. Revegetation. Revegetation shall be kept current by establishing a temporary or permanent vegetative cover on regraded areas by the end of the first growing season and a permanent vegetative cover by the end of the second growing season. Standards and procedures for establishing a satisfactory vegetative cover and guidelines for species selection and application rates are found in section 9 of this rule.15.2.d. Variances From Highwall Elimination. All underground mining operations which were in existence and which created highwalls prior to August 3, 1977, and which highwalls were not reaffected, may not be required to eliminate the highwall if the operator can demonstrate that it is technologically infeasible, by virtue of the fact that there is an insufficient amount of spoil material within the proximity of the mine site. The operator shall utilize all available material to eliminate as much of the highwall as possible or to achieve highwall elimination. At a minimum, the operator shall be required to seal all underground openings and to cover the exposed coal seam with a minimum of four (4) feet of nonacid producing materials. This paragraph does not constitute a variance from the requirement for highwall elimination except on previously mined areas (prior to May 3, 1978) which would involve exposing one area of highwall completely eliminated during the installation of the deep mine in order to eliminate another area of highwall.15.2.e. All underground mining operations which were in existence and which created a highwall prior to August 3, 1977, and which were reaffected by those operations during the remaining lives of their operations shall comply with the provisions of subsection 23.1 of this rule.15.2.f. Rehandling of Excess Spoil Piles. Rehandling of settled and revegetated fills to achieve approximate original contour at the conclusion of underground mining activities shall not be required if the following conditions are met: 15.2.f.1. The fill is not located so as to be detrimental to the environment or to the health and safety of the public and is compatible with the approved post mining land use;15.2.f.2. Stability of the fill shall be demonstrated through standard geotechnical analysis to be consistent with the backfilling and grading requirements; and maintain a static safety factor of 1.3 on solid benches and 1.5 on slopes;15.2.f.3. Surface runoff around, through, and from the fill is controlled by drainage structures (diversions, rock cores, etc.), which are designed and constructed in accordance with the approved plans and design specifications;15.2.f.4. Any underground development wastes used in the fill are non-toxic and non-acid producing; and15.2.f.5. The surface of the fill has been vegetated in accordance with section 9 of this rule.15.3. In situ processing: Performance standards.15.3.a. General. Any person who conducts in situ processing activities shall comply with the applicable performance standards of the Act, this rule, and the terms and conditions of a permit.15.3.b. Protection of Hydrologic Balance. In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing Hydrologic balance by:15.3.b.1. Avoiding discharge of fluids into holes or wells, other than as approved by the Secretary;15.3.b.2. Injecting process recovery fluids only into geologic zones or intervals approved as production zones by the Secretary and in accordance with applicable State and Federal underground injection control regulations;15.3.b.3. Avoiding annular injection between the wall of the drill hole and the casing; and15.3.b.4. Preventing discharge of process fluid into surface waters.15.3.c. Control of Toxics. Each person who conducts in situ processing activities shall submit for approval as part of the application for a permit a plan that ensures that all acid-forming, toxic-forming, or radioactive gases, solids, or liquids constituting a fire, health, safety, or environmental hazard and caused by the mining and recovery process are promptly treated, confined, or disposed of, in a manner that prevents contamination of ground and surface waters, damage to fish, wildlife and related environmental values, and threats to the public health and safety.15.3.d. Process Recovery Fluids. Each person who conducts in situ processing activities shall prevent flow of the process recovery fluid:15.3.d.1. Horizontally beyond the affected area identified in the permit; and15.3.d.2. Vertically into overlying or underlying aquifers.15.3.e. Restoration of Grroundwater Quality. Each person who conducts in situ processing activities shall restore the quality of affected ground water in the permit area and adjacent area, including ground water above and below the production zone, to the approximate premining levels or better, to ensure that the potential for use of the ground water is not diminished.15.4. In situ processing: Monitoring. 15.4.a. Monitoring Requirements. Each person who conducts in situ processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics, in a manner approved by the Secretary, to measure changes in the quantity and quality of water in surface and ground water systems in the permit area and in adjacent areas.15.4.b. Water Quality Standards. Air and water quality monitoring shall be conducted in accordance with monitoring programs approved by the Secretary as necessary according to appropriate Federal and State air and water quality standards.