Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-2-22 - Coal Refuse22.1. Applicability - Any surface coal mining operation which involves the construction, operation, enlargement, modification, removal and/or abandonment of a coal refuse site shall be subject to the special provisions of this section in addition to other applicable permitting requirements, performance standards, and enforcement provisions of this rule, the Act, and other State and Federal laws and regulations.22.2. Certification - For purposes of permitting, the applicant shall submit a separate set of maps, plans, design data, and specifications for the refuse disposal facility, in addition to those contained in the permit application. The disposal facility shall be designed using current, prudent engineering practices. A qualified registered professional engineer, experienced in the design of similar earth and refuse structures, shall certify the design of the disposal facility. The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5 and a seismic factor of safety of 1.2. The stability of all foundations and abutments must be maintained during all phases of construction.
22.3. Permit Requirements - General - In addition to the other permitting requirements of the Act, this rule and the requirements of 30 CFR 77.214 and 30 CFR 77.215, each permit application which involves a coal refuse site shall contain the following materials: 22.3.a. Narrative. A general narrative and discussion of the project to include at a minimum a discussion of existing site conditions, the design life of the facility, quantity and type of coal refuse to be placed on the site, subsidence potential method of operation to include clearing and grubbing, topsoil stockpiling, construction of surface and subsurface drainage facilities, phases of construction, method and location of coal refuse placement or removal, coal refuse placement during inclement weather, routine inspection and maintenance, procedure to be followed in the event the site is abandoned prior to the planned design life, and a sequence for construction of drainage facilities, critical construction phases, reclamation and final abandonment procedures. In addition, include a description of the duties, responsibilities and lines of communication of those persons responsible for the design and construction of the coal refuse disposal site. All data, graphs, curves, etc., which provide the basis for Hydrologic and hydraulic design of coal refuse embankments and impoundments shall accompany other design data, plans, and specifications, submitted as part of the permit application.22.3.b. Plan View. A plan view of the site showing detailed contours, limits of the coal refuse disposal site, all drainage facilities, location of springs, seeps, mine drainage and/or openings, location of the subdrain system, project stationing, location of cross sections, location of borings, test pits and instrumentation and other pertinent data required for project control.22.3.c. Cross Sections. Cross sections of the coal refuse disposal site transversely and longitudinally showing original ground, finished elevations, final configuration of refuse material, subdrains, diversion details, spillways, and other pertinent features of the site. Cross section shall be of sufficient accuracy and detail so as to provide a basis for stability computations at critical locations.22.3.d. Sediment Control Plan. A sediment control plan designed in accordance with subsection 5.4 of this rule.22.3.e. Diversions. Each application shall contain plans and specifications for a diversion channel above the coal refuse site to direct surface water runoff from the contributing watershed around the facility. Such diversion channel shall be designed in accordance with subsection 5.3 of this rule, except as follows: 22.3.e.1. Design storm. All diversion ditches and stream channel diversions shall be designed to carry the peak runoff from a one-hundred (100) year frequency, twenty-four (24) hour duration rainfall.22.3.e.2. A freeboard equal to or greater than 1+.025vd1/3 shall be added to the design flow depth to obtain the total depth of the diversion ditch.22.3.e.3. Each diversion ditch must be designed to carry the peak flow with freeboard from the contributing watershed area.22.3.e.4. Diversions shall be designed, constructed, and maintained in a manner which prevents additional contributions of suspended solids to stream flow and to runoff outside the permit area to the fullest extent possible.22.3.e.5. Excess excavated material not required for construction or maintenance of the diversion ditch must be properly disposed of in the permit area.22.3.e.6. Topsoil removed from the channel excavation shall either be redistributed on another part of the permit area or stockpiled for a later use.22.3.e.7. All diversion systems shall exit safely beyond the toe of the embankment in a natural drainway capable of carrying the design flow without excessive erosion.22.3.e.8. All stream channel diversions must be designed to carry the design flow around the disturbed area. The diversions must outlet into the original channel or a natural channel of equal cross section.22.3.e.9. Diversions in refuse must be lined with soil or a suitable substitute unless other erosion protection is provided.22.3.e.10. Permanent diversion systems designed to convey water under a coal refuse embankment by means of a pipe or conduit are unacceptable. However, diversion by means of a pipe or conduit may be permitted during active operation, provided that (1) height or storage limits for impoundments are not exceeded, (2) the pipe or conduit is used in conjunction with surface ditches to meet applicable design storm requirements, and (3) the design of the pipe or conduit accounts for durability and design life, load limits, joint sealing, trash rack protection, and maintenance requirements throughout the operational life of the structure.22.3.f. Design and Specifications for Hydraulic Structures. Such structures shall be designed to safely control excessive erosion by using energy dissipaters and/or channel protection, as necessary, based upon design flow velocity. Seepage control devices shall be used to prevent undercutting of nonflexible linings. The potential for landslides or slope failures shall be considered in the location of all hydraulic structures. Channels shall not be located on or near an existing landslide. No surface runoff or slurry may be diverted into underground mines unless approved by the Secretary in accordance with subdivision 14.5.e of this rule.22.3.g. Computations. The application shall include all design data and calculation results. If a computer analysis is used, only the input data and results used specifically in the design need be submitted. If graphical flood routing techniques are used, all charts and graphs shall be included. Adequate cross sections and profiles shall be given for all hydraulic structures.22.3.h. All coal refuse impoundments must be analyzed and/or designed in accordance with this subsection. Non-impounding coal refuse embankments must be designed in accordance with this subsection unless any proposed modifications to the design standards of this subsection are justified through appropriate stability analysis. The following structural analysis and/or design data of coal refuse embankments and impoundments shall be presented in graphical or tabular form: 22.3.h.1. A sufficient subsurface investigation shall be performed by a registered professional engineer or engineering geologist. The number, location, and depth of borings, test pits, and/or trenches shall be reasonable for the size, purpose, soils present, and foundation type of the structure. The investigation shall consider depth of soil to bedrock, field classification of soils, character of bedrock, in situ testing, soil sampling, determination of groundwater flow and location of seeps and springs, and a soil profile for critical locations in the structure, hydraulic structures and other pertinent locations which may affect the safety of the structure. The number, depth, and location of boreholes shall be based on the quantity of material to be impounded and subsurface conditions. A geologic study shall also be conducted for impounding structures to evaluate landslides into the impoundment, bedrock discontinuities such as soft seams, joints, joint systems, bedding planes, and fault zones which may adversely affect the structure's performance. Past and future mining to include height of seam, depth and cover rock of the seam, and previous subsidence problems shall be considered where subsidence may affect the safety of the structure.22.3.h.2. Laboratory tests shall be conducted on all foundation and embankment materials to include soil classification through hydrometer analysis, density, water content, compaction tests, shear strength, consolidation, and permeability unless the scope, characteristics, or design concept of the site make one or more of these requirements unnecessary.22.3.i. Safety Factors. A description including plans, design data, specifications, and computations of how safety conditions will be achieved. The disposal facility shall be designed, constructed, and maintained to attain a minimum long-term safety factor of 1.5; provided further that a coal refuse site which has the capability to impound water shall also attain a seismic safety factor of at least 1.2.22.3.j. Liquefaction. Describe the potential for liquefaction and provide safeguards against the development of this condition.22.3.k. Instrumentation. A description of installation of instrumentation such as piezometers, settlement markers, slope indicators, and similar monitoring devices shall be included in the plan to monitor present hazardous conditions, construction conditions, and to verify design assumptions. A plan for monitoring these devices shall also be provided.22.3.l. Stability Analysis. All stability analyses shall be done using standard engineering techniques. The submittal shall include cross sections at critical locations in the facility showing the materials profile, location of critical potential failure surfaces and their factors of safety, estimated or measured phreatic surfaces for construction and/or long term seepage conditions, and a tabulated listing of strength parameters used. If a computer analysis is used, only the input data and results used specifically in the design shall be submitted.22.3.m. Underdrains. If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, the application shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability. Diversions and underdrains shall be designed as follows: 22.3.m.1. Runoff from the areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed in accordance with subdivision 22.3.e of this subsection and subsection 5.3 of this rule to safely pass the runoff from a one hundred (100) year, twenty-four (24) hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile. Uncontrolled surface drainage may not be diverted over the outslope of the refuse piles.22.3.m.2. Underdrains shall consist of durable rock or pipe, and be designed and constructed using current, prudent engineering practices. The underdrain system shall be designed to carry the anticipated seepage of water due to rainfall and from seeps and springs in the foundation of the disposal area away from the site, and shall be protected from piping and contamination by an adequate filter. Rock underdrains shall be constructed of durable, nonacid, nontoxic-forming rock (e.g., natural sand and gravel, sandstone, limestone, or other durable rock) that does not slake in water or degrade to soil material, and which is free of coal, clay or other nondurable material. Perforated pipe underdrains shall be corrosion resistant and shall have characteristics consistent with the long-term life of the fill.22.3.n. Site Preparation. Procedures for clearing and grubbing.22.3.o. Excess Material. Procedures for disposal of excess material resulting from clearing, grubbing, and other site preparation activities.22.3.p. Compaction Requirements. Procedures for spreading and compaction of refuse material during placement. The material shall be compacted in layers not exceeding two (2) feet in thickness and shall not have any slope exceeding two horizontal to one vertical, except that the Secretary may approve construction of a refuse pile in compacted layers exceeding two (2) feet in thickness, where engineering data substantiates that both a minimum static safety factor of 1.5 and a minimum seismic safety factor of 1.2 will be attained; provided, that the operator shall submit plans for the Secretary's approval, and shall also provide documentation showing prior approval by MSHA pursuant to Federal regulations at 30 CFR 77.215(h) for the alternate construction, without which documentation the plans will not be approved.22.3.q. Sealing Abandoned Openings. Plans in accordance with 30 CFR 75.1711 for sealing abandoned openings and covering the seal with four feet of an impermeable non-toxic material. Such plans shall consider prevention of water buildup behind the seals, toxicity of the refuse and mine strata, gradient of the opening, Hydrologic balance and passage of any acid water to a treatment facility. If a mine seal is in the impoundment area of an impounding coal refuse disposal site, the seal shall be designed to safely withstand full hydrostatic head with a factor of safety of at least 1.5 against blowout. Higher factors of safety may be required where dictated by the consequences of failure. Calculations and cross sections used in the analyses shall be submitted.22.3.r. Extinguishment of Burning Areas. Plans approved by MSHA for the extinguishment of burning areas which contain, at a minimum, method of extinguishment, safety measures for equipment operators and persons working or living in the vicinity of the site, and a provision that only those persons authorized by the operator, shall be involved in the extinguishing operation.22.3.s. Underground Disposal. Plans for underground refuse disposal shall be submitted to and approved by the Secretary and the Mine Safety and health Administration. All plans must include: 22.3.s.1. Method of disposal including a description of the source of the transport medium;22.3.s.2. Maps of mines where coal refuse materials are to be disposed with a description of the percent of mine void to be filled;22.3.s.3. Description of location of active workings including plans, specifications, and methods of constructing underground retaining walls;22.3.s.4. Potential areas of breakout in active mine workings and on the surface of the ground;22.3.s.5. Effects of subsidence on the plan;22.3.s.6. The effects on the Hydrologic regime including the location and description of permanent monitoring wells or monitoring stations;22.3.s.7. Gradient of the mine from the backfill area;22.3.s.8. Description of the stratum underlying the mined coal;22.3.s.9. Source and quality of the refuse;22.3.s.10. The method of treatment of water if released to surface streams;22.3.s.11. A contingency plan formulated to alleviate or correct any hazardous conditions which may result from a blowout; and22.3.s.12. A description of the surface area to be supported by the refuse backfill, the anticipated surface effects following backfilling, and the method for dewatering the backfill.22.3.t. Abandonment Plan. An abandonment plan which addresses the following requirements and include a schedule for their implementation: 22.3.t.1. No refuse embankment or impoundment may be abandoned until approved by the Secretary.22.3.t.2. The final top elevation of the refuse embankment must be higher than, and sloped into, the diversion ditch. Maximum slope of the top of the embankment to the diversion ditch shall be five (5) percent unless otherwise approved by the Secretary.22.3.t.3. All pipes under refuse areas left as non-impounding fills shall be sealed with concrete at the upstream end prior to abandonment.22.3.t.4. At abandonment all fine refuse in the impoundment pool shall be covered with a minimum three foot layer of coarse refuse or other fill material prior to being covered with the non-toxic and non-combustible material unless otherwise approved by the Secretary.22.3.t.5. At abandonment all coal refuse shall be covered with a minimum of four (4) feet of the best available non-toxic and non-combustible material in a manner that does not impede flow from sub-drainage systems. The Secretary may allow less than four (4) feet of cover material where it can be demonstrated on the basis of physical and chemical analyses of the growth medium that the vegetation requirements of section 9 of this rule will be met.22.3.t.6. A certificate of approval for completion of construction shall be issued upon completion of the above requirements.22.4. Permit Requirements - Impounding Structures. In addition to the requirements of the Act and this rule coal refuse disposal sites which have the capability of impounding water shall be subject to the special requirements of this subsection and may be subject to other State and Federal laws and rules and regulations, depending on their embankment size and holding capacity. 22.4.a. Dam Control Act. A coal refuse site which is constructed in such a manner that it: (1) Rises twenty-five (25) feet or more above the natural bed of a stream or watercourse as measured from the downstream toe of the embankment and which does or can impound fifteen (15) acre-feet or more of water, or;(2) Rises six (6) feet or more above the natural bed of a stream or watercourse as measured from the downstream toe of the embankment and which does or can impound fifty (50) acre-feet or more of water is by definition a dam and is thereby subject to the provisions of the West Virginia Dam Control Act set forth in W.Va. Code §22-14 et seq.22.4.b. Mine Safety and Health Administration (MSHA) Impoundments. A coal refuse site which is constructed in such a manner that it can impound water, sediment, or slurry to an elevation of: (1) Five (5) feet or more above the upstream toe of the structure and can have a storage volume of twenty (20) acres/feet or more, or;(2) Twenty (20) feet or more above the upstream toe of the structure, or; (3) Presents a hazard to coal miners as determined by the District Manager of the Federal Mine Safety and Health Administration, shall be subject to the requirements of 30 CFR 77.215 and 77.216 of the Federal Mine Safety and Health Administration Regulations.22.4.c. Small Impoundments. Coal refuse sites which result in impoundments which are not subject to the Dam Control Act or the Federal Mine Health and Safety Act shall be designed, constructed, and maintained subject to the requirements of this subsection and subsections 5.4 and 22.5.j.6. of this rule.22.4.d. Hazard Potential. The hazard potential of coal refuse sites which have the capability of impounding water shall be determined by the applicant based on the potential loss of life that would result due to a failure and the classification determined on the basis of the following criteria:22.4.d.1. Class A. Impoundments located in rural or agricultural areas where failure may damage farm buildings, agricultural land, or secondary highways. Failure of the structure would cause only loss of the structure and loss of property use such as related roads, but with little additional damage to adjacent property. Any impoundment exceeding twenty-five (25) feet in height measured at the downstream toe or two-hundred (200) acre-feet storage volume or having a watershed exceeding five hundred (500) acres shall not be a Class A structure.22.4.d.2. Class B. Impoundments located in predominantly rural agricultural areas where failure may damage isolated homes, primary highways or minor railroads or cause interruption of relatively important public utilities. Failure of the structure may cause great damage to property and project operations.22.4.d.3. Class C. Impoundments located where failure may cause loss of life, serious damage to homes, industrial and commercial buildings, important public utilities, primary highways, or main railroads. This classification must be used if failure would cause possible loss of human life.22.4.e. Emergency Planning. For a Class C structure or if a dangerous condition exists, notification and action procedures shall be formulated by the operator or owner, for public protection and remedial action in the event of an emergency. All emergency procedures must be submitted and become part of the approved plan. If adequate emergency procedures cannot, for whatever reason, be formulated by the owner or operator, then he must so notify the Secretary in writing. The Secretary may then notify the Office of Emergency Services and request that emergency procedures be developed for the coal refuse site.22.4.f. Design Storm Specifications. All refuse impoundments and dams shall be designed to meet the following design storm criteria based upon hazard classification. 22.4.f.1. Class A impoundments shall be designed for a minimum of P 100 + 0.12(PMP-P 100) inches of rainfall in six (6) hours.22.4.f.2. Class B impoundments shall be designed for a minimum of P 100 + 0.40(PMP-P 100) inches of rainfall in six (6) hours.22.4.f.3. Class C impoundments shall be designed for a probable maximum precipitation (PMP) of a six (6) hour or greater event plus three feet of freeboard.22.4.g. Primary and Emergency Spillway Design. All impoundments meeting the size or other criteria of 30 CFR 77.216(a) must be designed and constructed to safely pass the probable maximum precipitation of a six (6) hour storm event. All impoundments of a lesser size must be capable of passing through a spillway or outlet works or a combination thereof, that portion of the design storm that cannot be safely stored in the impoundment and to draw down the stored portion of the design storm within the specified terms in accordance with the following: 22.4.g.1. Class A impoundments must be designed with an open channel spillway unless otherwise approved by the Secretary, Ninety (90) percent of the stored portion of the design storm must be discharged or removed within ten (10) days after the storm event.22.4.g.2. Class B impoundments shall be designed with either an open channel spillway only, or with an emergency spillway and a principal spillway together. Ninety (90) percent of the stored portion of the design storm shall be discharged or removed within ten days after the storm event.22.4.g.3. Class C dams may be designed in one of three ways: 22.4.g.3.A. An impoundment designed without discharge structures shall be capable of storing a minimum of two (2) six (6) hour duration probable maximum storms. A system shall be designed to dewater the impoundment of the probable maximum storm in ten (10) days by pumping or by other means. The requirements of 38-4-25.14 shall also be met. For existing structures exceeding the minimum 2PMP volume requirement, the dewatering system shall be installed when the containment volume is reduced to 2 PMPs.22.4.g.3.B. An impoundment designed with a decant or principal spillway only shall be capable of storing at least one (1) six (6) hour duration probable maximum storm. Ninety (90) percent of the stored portion of the storm shall be discharged or removed within ten (10) days after the storm event.22.4.g.3.C. An impoundment designed with either an open channel spillway only, or with an emergency spillway and principal spillway together shall be capable of discharging that portion of the six (6) hour duration probable maximum storm that cannot be safely stored in the impoundment. Ninety (90) percent of the stored portion of the storm shall be discharged or removed within ten (10) days after the storm event.22.4.g.4. A single open channel spillway may be used only if it is: 22.4.g.4.A. Of non-erodable construction and designed to carry sustained flows; or22.4.g.4.B. Earth or grass-lined and designed to carry short term, infrequent flows at non-erosive velocities where sustained flows are not expected.22.4.h. Open Channel Spillways. All open channel spillways must comply with the design standards of this section and the following additional standards:22.4.h.1. Any open channel spillway designed for less than one hundred (100) percent probable maximum precipitation shall be provided with freeboard above the maximum water surface as determined by the equation 1+.025vd1/3.22.4.h.2. All open channel spillways shall be constructed of non-erodable material where sustained flows are expected, or may be of earth or grass lined construction where short term infrequent flows at nonerosive velocities, are expected.22.4.h.3. Excess excavated material not needed to construct and maintain the spillway channel must be properly disposed of in the permit area.22.4.h.4. Topsoil removed from channel excavation shall either be redistributed on another part of the permit area or stockpiled for fixture use.22.4.i. Pipe Spillways. All pipe spillways must comply with the requirements of this section and the following additional requirements:22.4.i.1. The pipe spillway inlet must be protected by a designed trash rack.22.4.i.2. All riser-type spillways must be designed to prevent vortexing.22.4.i.3. A skimming device is required where floating pollutants exist or are anticipated.22.4.i.4. An adequate foundation and bedding shall be designed for all pipes and risers.22.4.i.5. All pipe spillways shall be designed to provide seepage control along the conduit.22.4.i.6. Use of Corrugated Metal Pipes -Corrugated metal pipes, whether coated or uncoated, shall not be used in new or unconstructed refuse impoundments or slurry cells. If an existing corrugated metal pipe has developed leaks or otherwise deteriorated so as to cause the pipe to not function properly and such deterioration constitutes a hazard to the proper operation of the impoundment, the Secretary will require the corrugated metal pipe to be either repaired or replaced.22.4.i.7. The pipe spillway shall be of sufficient strength to withstand the maximum load of the fill above it.22.4.i.8. All pipe spillways shall be constructed of suitable material to resist deterioration for the design life of the facility.22.4.i.9. The outlet of all pipes, where blockage by animals can occur, must be protected by an animal guard.22.5. Performance Standards. The following performance standards shall be met for all coal refuse disposal sites.22.5.a. Controlled Placement. All coal refuse sites shall be placed in new or existing disposal areas within a permit area designated for this purpose. Coal mine refuse shall be hauled or conveyed and placed in a controlled manner to: 22.5.a.1. Minimize adverse effects of leachate and surface-water runoff on surface and ground water quality and quantity;22.5.a.2. Ensure mass stability and prevent mass movement during and after all phases of construction and be constructed and maintained in such a manner so as to attain a minimum long-term safety factor of 1.5 provided that structures which have the capacity to impound water shall also attain a seismic safety factor of 1.2;22.5.a.3. Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use;22.5.a.4. Not create a public hazard; and22.5.a.5. Prevent combustion.22.5.b. Extraneous Refuse. Coal mine refuse material from activities located outside a permit area may be disposed of in the permit area only if approved by the Secretary. Approval shall be based upon a showing that such disposal will be in accordance with the standards of this section.22.5.c. slope Protection. slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.22.5.d. Site development. Clearing and grubbing shall be performed in the disposal area prior to placement of refuse material. Topsoil shall be removed, segregated, and stored or redistributed in accordance with subsection 14.3 of this rule. If approved by the Secretary, organic material may be used as mulch, or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil.22.5.e. Final Configuration. The final configuration of the refuse pile shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the refuse pile if required for stability, control or erosion, conservation of soil moisture, or facilitation of the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v (50 percent).22.5.f. Impoundment Within Fill Areas. No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be allowed if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile.22.5.g. Topsoiling. following final grading of the refuse pile, the coal mine refuse shall be covered with a minimum of four (4) feet of the best available, nontoxic and noncombustible material, in a manner that does not impede drainage from the underdrains. The Secretary may allow less than four (4) feet of cover material based on physical and chemical analyses which show that the revegetation requirements of section 9 of this rule will be met.22.5.h. Notification of Hazardous Conditions. If any examination or inspection discloses that a potential hazard exists, the Secretary shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the Secretary shall be notified immediately. The Secretary shall then notify the appropriate agencies that other emergency procedures are required to protect the public.22.5.i. Disposal in Underground Workings. Coal mine refuse may be disposed of in underground mine workings in accordance with the provisions of subdivision 22.3.s of this section.22.5.j. Construction Specifications. New and existing impounding structures constructed of coal mine refuse or intended to impound coal mine refuse shall meet the following requirements: 22.5.j.1. Coal mine refuse shall not be used for construction of an embankment which impounds water unless it has been demonstrated to the Secretary that the stability of such a structure conforms to the requirements of this section and the use of coal mine refuse will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan.22.5.j.2. If an impounding structure constructed of coal mine refuse or intended to impound coal mine refuse meets the criteria of subdivision 22.4.c of this subsection, the combination of principal and emergency spillways shall be designed and constructed in accordance with subdivisions 22.4.g and 22.4.h of this subsection.22.5.j.3. Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.22.5.j.4. Runoff from areas above the disposal facility or runoff from surface of the facility that may cause instability or erosion of the impounding structure shall be diverted into stabilized diversion channels designed to safely pass the runoff from a one hundred (100) year, twenty-four (24) hour precipitation event.22.5.j.5. Impounding structures constructed of or impounding coal mine refuse shall be designed so that at least ninety (90) percent of the water stored during the design precipitation event can be removed within a ten (10) day period.22.5.j.6. No coal refuse impoundments shall remain as permanent impoundments. Upon completion of reclamation, such structures shall not be capable of storing or impounding water.22.5.j.7. slope protection shall be provided to protect against erosion and sudden drawdown. Embankment faces shall be vegetated or otherwise stabilized in accordance with approved procedures.22.5.k. Drainage and Sediment Control. Drainage control measures shall meet the requirements of section 5 of this rule. After grade release, discharges from the permit area shall not lower the water quality of receiving streams.22.5.l. Removal of Abandoned Coal Refuse Piles. Where coal refuse is to be removed from an abandoned coal refuse disposal area under a reclamation contract issued pursuant to subsection (d) section 28 of the Act and subsection 3.14 of this rule, the following standards shall be met: 22.5.l.1. Removal of refuse shall be complete when possible and shall be accomplished in successive horizontal lifts with a maximum elevation difference between working benches of twelve (12) feet or may be removed down a slope from the top to the toe provided that the slope is no steeper than 2H:lV. No refuse may be removed from the toe of the original embankment until the final removal process.22.5.l.2. At all times during removal operations, care shall be exercised to protect the operating personnel, the public, and to insure long-term stability in accordance with the approved plan.22.5.l.3. Where partial removal is approved, the final graded slopes of the remaining refuse shall be no steeper than 2H:IV and have at least one bench for every fifty (50) feet of change in elevation.22.5.l.4. Should burning areas be encountered, the fires shall be extinguished in accordance with subdivision 22.5.m of this subsection, and removal of refuse shall be done in a safe manner. The final graded slopes of the coal refuse pile shall result in a stable configuration having a static safety factor of 1.5 as demonstrated by a stability analysis.22.5.l.5. The total disturbed area shall be regraded in such a manner as to be compatible with the natural surroundings and shall be revegetated in accordance with section 9 of this rule. Such regrading and revegetation shall occur as contemporaneously as practicable with removal operations as reflected in the reclamation plan.22.5.l.6. All remaining refuse materials disturbed by the operation shall be covered with a minimum of four feet of cover of non-toxic and non-combustible material sufficient to establish adequate vegetation except that a lesser cover may be used based on chemical and physical analysis in accordance with subdivision 9.2.k of this rule.22.5.l.7. Regrading drainage control shall be provided in accordance with the approved reclamation plan.22.5.m. Burning Refuse Piles. Where burning or burned refuse is encountered in the construction of a new structure or the reconstruction or removal of an existing structure, the following standards shall be met: 22.5.m.1. Coal mine refuse fires shall be extinguished by the person who conducts the surface mining activities, in accordance with a plan approved by the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.22.5.m.2 No burning or burned coal mine refuse shall be removed from a permitted disposal area without a removal plan approved by the Secretary. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.22.6. Inspections. A qualified registered professional engineer, or other qualified professional specialist under the direction of the professional engineer, shall inspect the refuse pile during construction. The professional engineer or specialist shall be experienced in the construction of similar earth and refuse structures. Inspection reports shall be retained for review at or near the site. 22.6.a. Non-impounding Structures. Inspections of non-impounding refuse piles shall be made at least quarterly throughout construction and during critical construction periods, which shall include at a minimum:22.6.a.1. Foundation preparation including the removal of all organic material and topsoil;22.6.a.2. Placement of underdrains and protective filter systems;22.6.a.3. Installation of final surface drainage systems; and22.6.a.4. The final graded and revegetated facility.22.6.b. Unscheduled Inspections. Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine refuse materials. More frequent inspections shall be conducted if a potential danger or harm exists to the public health and safety or the environment. Inspections shall continue until the refuse pile has been finally graded and revegetated or until a later time if required by the Secretary.22.6.c. Reporting Requirements. The following reporting requirements shall be met:22.6.c.1. The qualified registered professional engineer shall provide a certified report to the Secretary promptly after each inspection, that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan, the Act, and this rule. The report shall include any appearances of instability, structural weakness, and other hazardous conditions; and22.6.c.2. The certified report on the drainage system and protective filters shall include col or photographs taken during and after construction, but before underdrains are covered with coal mine refuse. If the underdrain system is constructed in phases, each phase shall be certified separately. The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.22.7. Impounding Structures. Inspection of impounding refuse piles shall be made by a qualified registered engineer or other qualified professional specialist under the direction of the professional engineer. The professional engineer or specialist shall be experienced in the construction of impoundments. 22.7.a. Inspection Frequencies. Inspection shall be made regularly but not less than quarterly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the bond. Inspections will be made during placement and compaction of coal refuse material and during critical construction periods.22.7.b. Reporting Requirements. The qualified professional registered engineer shall promptly, after each inspection, provide to the Secretary a certified report that the impoundment has been constructed and maintained as designed and in accordance with the approved plan and this rule. The report shall include discussions of any appearances of any instability, structural weakness, or other hazardous condition, depth and elevation of any impounded waters existing storage capacity, and existing or required monitoring procedures and instrumentation, and any aspects of the structure affecting stability.22.7.c. Examinations. Examination of impoundments meeting or exceeding the size specification or other criteria set forth in the Federal Mine Safety and Health Administration regulations at 30 CFR 77.216 shall, in addition to meeting the inspection requirements of subdivisions 22.7.a and 22.7.b of this subsection, comply with the MSHA requirements of 30 CFR 77.216-3. Other impoundments shall be examined at least quarterly by a qualified person designated by the operator for appearances of structural weaknesses and other hazardous conditions.
22.7.d. Filing of Reports. A copy of each inspection and examination report shall be retained at or near the mine site.