Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-2B-5 - PERFORMANCE STANDARDS5.1Signs and Markersa. Permanent Monument - A permanent monument shall be posted at the entrance from public roads and highways and at other suitable locations. The monument shall consist of a sign constructed of wood, metal, or other suitable material 2' x 3' mounted on a two-inch diameter pipe driven three feet into the ground with four feet exposed. Any suitable equivalent substitute may be approved. The sign shall clearly indicate the company name, permit numbers, business address and telephone number.b. Perimeter Marker - A two-inch diameter pipe or suitable substitute shall be driven into the earth with a minimum of three feet exposed to permanently mark the beginning and ending points of the area under permit. It shall be identified by painting the exposed portion of the pipe red. The assigned permit number shall be affixed to the permanent perimeter marker. Other markers will be used to delineate the boundaries of the proposed permit area.c. Buffer Zone Markers - Appropriate markers will be established along a buffer zone. Markers shall consist of metal or wooden stakes or other suitable devices or methods.d. Topsoil Markers - When topsoil of other vegetation supporting material is segregated and stockpiled, the stockpiled material shall be marked. Markers shall remain in place until the materials are removed.e. Blasting Signs - If blasting is necessary during construction on the site, signs reading "Blasting Area" shall be displayed conspicuously at all approaches to the blasting site and along haulageways and access roads to the mining operation. The sign shall be two feet by three feet reading "Blasting Area" and explaining the blasting warning and the all clear signals and shall be posted at all entrances to the permit area.5.2Topsoila. Removal - The limits of topsoil removal shall be either within the refuse disposal area or in borrow sites as permitted by the director. Borrow areas for topsoil will not be approved unless insufficient topsoil is available at the coal refuse site. Prior to disturbance of an area topsoil shall be removed from the area to be disturbed in a separate layer and if not immediately redistributed, it shall be segregated and stockpiled in a separate stable location as specified in the plans.1. Where the removal of vegetative material, topsoil, or other materials may result in excessive erosion, the director may limit the size of the area from which these materials are removed at any one time.2. Topsoil or substitute materials not being immediately utilized shall be redistributed at a time when the physical and chemical properties of topsoil can be protected and erosion can be minimized; provided that the director may approve or require that other erosion control measures be utilized. Provided further, that unless approved by the director, stockpiled topsoil and other materials shall not be moved until required for redistribution on a regraded area.b. Materials to be removed - If the topsoil is less than 6 inches, a 6-inch layer that includes the A horizon and the unconsolidated material immediately below the A horizon and all unconsolidated material if the total available is less than 6 inches, shall be removed and the mixture segregated and redistributed as the surface soil layer, unless topsoil substitutes are approved by the director pursuant to 5.2.e. of this Section.c. Segregation Requirements - Topsoil not being immediately utilized shall be protected from wind and water erosion and kept free of contamination by acid or toxic materials. Protective measures include, but are not limited to vegetative cover.d. Redistribution - Topsoil and other materials shall be redistributed in a manner that: 1. Achieves an approximate uniform, stable thickness of at least six inches, consistent with the approved post mining land uses, contours and surface water drainage system;2. Prevents excess compaction of topsoil; and3. Protects the topsoil from wind and water erosion before and after it is seeded.4. After final grading and before the replacement of topsoil and other materials segregated in accordance with this section, regraded land shall be scarified or otherwise treated as required by the director to eliminate slippage surfaces and to promote root penetration. If the person who conducts the surface mining activities shows, through appropriate tests, and the director approves, that no harm will be caused to the topsoil and vegetation, scarification may be conducted after topsoiling.e. Top Soil Substitutes - If top soil is of insufficient quantity or of poor quality for sustaining vegetation, and if other strata can be shown to be more suitable for vegetation requirements, then the operator shall remove, segregate, and preserve in a like manner such other strata which is best able to support vegetation. Any material used for topsoiling must be capable of supporting and maintaining the approved post mining land use. This determination shall be based on the results of appropriate chemical and physical analyses of overburden and topsoil. These analyses shall include: 1. Determinations of pH, net acidity or alkalinity, nitrogen, phosphorus, potassium, calcium, manganese, texture class, and other analyses as may be required by the director. The director may also require, where he deems necessary, results of field-site tests or greenhouse tests be used to demonstrate the feasibility of using substitute materials;2. Results of analyses, trials and tests shall be included in the pre-plan. Certification of trials and tests shall be made by a laboratory approved by the director stating that: (a) The proposed substitute material is equal to or more suitable for sustaining the vegetation than is the available topsoil;(b) The substitute material is the best available material to support the vegetation; and(c) The trials and tests were conducted using standard testing procedures, the results of which shall be included in the pre-plan.f. Nutrients and Soil amendments shall be applied to the redistributed surface soil layer in accordance with Section 4F.6, 4F.7 and 4F.8a of the Surface Mining regulations.5.3Water Qualitya. Water Quality Control - All reasonable measures shall be taken to intercept all surface water by the use of diversions, culverts and drainage ditches or other methods to prevent water from entering the operational area, All water leaving the permit area will meet Federal and State water quality statutes, regulations, standards or effluent limitations. All surface drainage from the disturbed area must pass through a sediment pond or series of sediment ponds or other approved sediment or treatment control structures.b. Effluent Limitations1. Before grade release, discharge from the permit area must comply with the requirements of Section 6B.6a(2) and 7B.7a(2) of the Surface Mining regulations.2. After grade release, assure that any leachate therefrom will not lower the water quality of the river, stream or drainway into which it is discharged.c. Treatment Facilities - Adequate facilities shall be installed, operated, and maintained according to the approved pre-plan to treat any water discharged from the disturbed area so that it complies with all federal and state laws and regulations and the limitations of this section. Non-mechanical treatment systems may be utilized if flow is infrequent or small and timely and consistent treatment is assured.d. Breakthrough 1. Any surface breakthrough of water caused by the operator during the course of his operations shall be sampled immediately and analyzed for total iron, total suspended solids and pH and if requested by the director, any other parameter characteristics of the discharge. Such analysis shall be made by a competent water analyst or chemist. The original and at least one copy of such analysis shall be retained by the operator, two copies shall be submitted to the chief of the division of reclamation.2. Should said analysis indicate the water to be less than the applicable effluent limitations, seals shall be immediately constructed. These seals shall either: (a) prevent any air from entering the underground mine by way of the breakthrough; or(b) prevent any air from entering the breakthrough while allowing the water to flow from the breakthrough; or(c) Seal the breakthrough of acid water so that it cannot flow. Such seals shall be constructed of stone, brick, block earth or impervious materials which are acid resistant.3. Alternate methods of handling discharges from breakthroughs may be employed where it can be established that applicable effluent limitations can be met.5.4Drainage, Sediment Control and Haulageways - Shall be developed in accordance with Section 4A and Section 4B of the Surface Mining regulations.5.5Diversions and Spillwaysa. All diversion and spillway construction must comply with Sections E.02a, E.04 and the following requirements:1. Diversions and spillways shall be constructed according to the approved plans and specifications. Any changes and/or modifications must be approved by the director prior to implementation.2. Diversion ditches shall be installed concurrently or after sediment structures are built and before other site preparation begins.3. When downslope placement of fill material is used in the construction of diversion ditches, the fill material shall be compacted in layers to achieve the design configuration in accordance with the following requirements:(a) All areas upon which the fill is to be placed shall first be progressively cleared of all trees, brush, shrubs, and other organic material. This material shall be removed from the fill area;(b) Depositing and compacting the fill in layers shall begin at the toe of the fill. The layers shall be constructed approximately parallel with proposed finish grade. All material shall be deposited in uniform horizontal layers and compacted with haulage equipment.(c) The thickness of the layers shall not exceed four feet.4. Excess excavation material not needed to construct or maintain the spillway or diversion ditches must be properly disposed of in the permit area unless otherwise approved by the director.5. If leakage or seepage occurs from the constructed diversion ditch, measures shall be taken to eliminate the seepage by sealing or other means.6. All rip-rap material shall be of hard, durable rock which is not acid-forming or toxic-forming. Rip-rap shall be placed to prevent size segregation.7. When bedding is used under rip-rap, the rock material shall be placed in a manner so as not to disturb or contaminate the bedding.8. When protective channel linings are required, the linings shall be installed as soon as the ditch is constructed to grade.9. When concrete is used in construction of spillways and diversion ditches, the concrete shall be placed and cured in accordance with AASHTO specifications. Standard engineering tests shall be performed to insure that the concrete meets the design specifications.b. Maintenance 1. All spillways and diversions shall be maintained to operate according to the design plans and specifications.2. Routine maintenance of diversion ditches and spillways shall be performed. Maintenance shall include removal of sediment, brush, trees, rocks and re-establishment of the structure to its original hydraulic design.3. All failures resulting from landslides or slope failures which may have a potential adverse effect on public property, public health and safety, or the environment must be corrected immediately. Such failures must be reported immediately to the director.4. Routine inspections shall be made by qualified persons of all hydraulic structures to insure proper operation. Special inspections shall be conducted whenever a significant storm flow through the structures has occurred.5. All culvert pipes must be repaired or replaced when damaged, distorted, or otherwise fail to function property according to the approved design.c. Certification - Each hydraulic structure shall be certified according to Section 5.8d by an engineer. The certification shall affirm that the structure was constructed according to the approved plans and list any variations or discrepancies.5.6Acid Producing and Toxic Materialsa. Drainage from acid-forming and toxic-forming materials into ground and surface water shall be avoided by:1. Identifying, burying, blending and/or treating where necessary, spoil or other materials that will be toxic to vegetation or that will adversely affect water quality. Such materials shall be handled in accordance with methods and a schedule as set forth in the approved preplan; and2. Acid-forming or toxic-forming material shall not be buried or stored so as to cause or pose a threat of water pollution.b. Treatment of Toxic Material - Any acid-forming, toxic-forming, combustible materials, or any other waste materials that are exposed, shall be provided with a minimum six inch cover of nontoxic and noncombustible material beneath the topsoil layer. If necessary, this material shall be treated to neutralize toxicity in order to prevent water pollution and sustained combustion and/or to minimize adverse effects on plant growth and land uses. Where necessary to protect against upward migration of salts, exposure by erosion, to provide an adequate depth for plant growth, or to otherwise meet local conditions, the director shall specify thicker amounts of cover using non-toxic material.5.7Water Monitoring Requirements - shall be in accordance with Sections 6B.4b, 6B.6, 7B.4b and 7B.7 of the Surface Mining regulations.5.8Site Developmenta. Sediment control and diversion ditches shall be installed according to the approved plan before other site preparation or construction begins.b. Progressive clearing and grubbing must be performed within the coal refuse disposal area, impoundment areas, topsoil borrow areas, and topsoil stockpile areas prior to construction unless otherwise approved by the director.c. Embankment Construction1. Foundation preparation to include keyways, installation of mine seals according to Section 4.5g, subdrains, removal of soft areas, and similar site preparation operations dictated by the approved plan and site conditions shall be accomplished prior to the placement of coal refuse. Inspection of foundation preparation by the director is required before refuse may be placed.2. Refuse materials shall be placed in accordance with the placement and compaction requirements in the approved plan for the particular site or minimum spreading and compaction requirements shall be a maximum of two foot horizontal lifts and 90 percent Standard Proctor Density (ASSHTO Specification T 99-74). It shall be unacceptable to place extraneous combustible materials such as wood, rags, trash and garbage, grease and oil, etc., in the coal refuse disposal area.3. Grading (a) The working surface and outslopes of a coal refuse fill shall be concurrently graded through all phases of embankment construction.(b) Top of fill and benches shall be graded no flatter than two percent in any direction to divert surface runoff away from the face of the fill and into stabilized working surface diversion ditches.(c) The top of the fill shall be graded in such a manner so as not to impound water unless specifically authorized by the director.(d) Fill material shall be graded in such a controlled manner to allow surface and subsurface drainage to be compatible with natural surroundings and ensure a long term static factor of safety of 1.5.(e) The face of the fill shall be graded no steeper than two horizontal to one vertical.(f) The vertical difference between benches shall not exceed 50 feet.(g) The width of the individual benches shall be less than 20 feet unless specifically approved by the director.(h) In all cases final grading shall be conducted in such a manner as to follow approved plans and to provide a surface for placement of topsoil.(i) When erosion creates rills or gullies 9 inches deep, or if refuse materials are exposed in finished or topsoiled slopes, the rills and gullies shall be filled, graded or otherwise stabilized and the area reseeded or replanted according to Reclamation specifications. The director may require that rills and gullies of lesser size be stabilized and the area reseeded or replanted if the rills or gullies result in excessive erosion.(j) Where water will be impounded against the upstream face, the face may be riprapped or otherwise stabilized to protect against damage due to wave action.(k) Routine maintenance of the embankment shall be performed during the mining operation. Vegetative growth shall be cut when necessary to facilitate inspection and repairs. Any combustible material present on the surface other than material such as mulch or dry vegetation used for surface stability shall be removed and all other appropriate maintenance procedures shall be followed.4. Stability - Determination of Unstable Conditions - Inspections shall be made by a qualified person for signs of unstable conditions. The qualified person shall consider steepness of slopes, seepage, bulges, scarps, vertical displacement, excessive erosion, piping, sudden changes in monitoring devices and other visible factors which could indicate potential failure of the embankment, diversion structures, spillways, and other appurtanences. Inspections shall include such observations and tests as may be necessary to evaluate imminent or significant environmental harm. These considerations shall be documented in accordance with Section 5.8d. Inspection frequency will be in accordance with Section 5.8d. If an imminent danger to human life, property or the environment is determined, persons downstream must be warned of the hazard and any necessary emergency actions taken. The director must be immediately notified according to Section 5.8d 3(e).5. Freeboard - Freeboard for the stage of construction or operation shall be maintained at all times in accordance with the design storm criteria and the approved plan.d. Quality Control 1. Plans, specifications and all previous inspection reports shall be available at or near the mine office nearest to the site for reference by construction personnel and the director.2. Until construction has been completed and certified, a visual inspection for construction progress, determination of unstable conditions, and hydraulic structure performance shall be held at a minimum of every seven days for impoundments and at least quarterly for non-impounding areas by a qualified person unless more frequent inspections are required by the director based on specific site conditions. Inspections shall be held after heavy rainfall events to determine problems and remedial measures. Piezometers and other monitoring devices shall be monitored at intervals not exceeding seven days by a qualified person. Other monitoring devices should be monitored at intervals as specified in the approved plan. Inspections may include such observations and tests as may be necessary to evaluate the potential hazard to human life and property, to insure that all organic material and topsoil have been removed and that proper construction and maintenance are occurring in accordance with the approved plans and specifications. Inspections may terminate when the coal refuse disposal area has been properly abandoned in accordance with Section 4.7, or at such a later time as the Director may require. A written record of all inspections and monitoring device readings shall be maintained at or near the mine office nearest the site for inspection.3. Reporting Requirements(a) A written report containing results of visual inspections of construction progress and determination of unstable conditions shall be submitted every thirty days for coal refuse structures if requested by the director. The report should include but not be limited to a summary of instrumentation data, testing data, freeboard, elevations, crest elevation, slurry elevation and specific construction problems. The underdrains and protective filters must be supported by color photographs.(b) Plan and cross-section progress maps shall be submitted to the director if so ordered by the director.(c) Certification of construction by an engineer on forms supplied by the director for each major portion of the construction sequence and each hydraulic structure shall be submitted as they are completed to the director. Upon completion of construction, and annually thereafter until the permit has final bond release, certification shall be provided by an engineer that the project is functioning as designed. The certification report shall include statements on: (1) Existing and required monitoring procedures and instrumentation;(2) The design depth and elevation of any impounded waters at the time of the initial certification report or the average and maximum depths and elevations of any impounded waters over the past year for the annual certification reports;(3) Existing storage capacity of the dam or embankments;(4) Any fires occurring in the construction material up to the date of the initial certification or over the past year for the annual certification reports; and(5) Any other aspects of the dam or embankment affecting stability.(d) Any change in construction sequence or other modification of the site must be reported to the director and any significant change must receive approval prior to implementation.(e) Should a condition occur which is dangerous to human life, property or the environment, the director shall be informed immediately. Immediate action shall be taken by the person owning, operating, or controlling the structure to alleviate the hazard. Emergency procedures developed in accordance with Section 4.5c shall be implemented to protect life and property downstream. The site shall be inspected and monitored at least once every eight hours until the emergency situation is alleviated. Continuous monitoring may be required by the director when there is an imminent danger to the health or safety of the public.5.9 Materials Removal a. Drainage control measures shall meet the requirements of Sections 5.3, 5.4 and 5.5 (except Section 5.2a). After grade release, discharges from the permit area shall not lower the water quality of receiving streams. Where existing roads are to be used for access or haulage and it can be demonstrated that reconstruction to meet the above requirements would result in greater environmental harm and the drainage and sediment control requirements of Section 4A of the Surface Mining regulations can otherwise be met, the requirements of Section 4A may be waived.b.Method of Operation1. Removal of refuse shall be accomplished in successive horizontal lifts with a maximum elevation difference between working benches of twelve feet or may be removed down a slope from the top to the toe provided that the slope is no steeper than 2H:1V. No refuse may be removed from the toe of the original embankment until the final removal process.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.3. Where possible, final graded refuse slopes shall be no steeper than 2H:1V and at least one bench for every 50 feet of change in elevation shall be provided.4. Should burning areas be encountered, the fires shall be extinguished in accordance with Section 5.11, and removal of refuse shall be done in a safe manner.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 4F of the Surface Mining regulations. Such regrading and revegetation shall occur as contemporaneously as practicable with removal operations and as reflected in the reclamation plan.6. Regrading drainage control shall be provided in accordance with the approved reclamation plan.5.10Underground Coal Refuse Disposal - Coal refuse may be returned to underground mine workings only in accordance with an approved disposal plan in accordance with Section 4.5i. Inspections shall be conducted by the operator to detect potential breakthroughs into active mine workings or breakouts on the surface at likely areas where breakout could occur. Breakouts, or potential breakouts, shall be immediately reported to the director and immediate action shall be taken to eliminate the hazard and protect persons living or working below the breakout.5.11Burning Refuse Piles - All coal refuse fires shall be extinguished. Extreme caution must be taken in all attempts to extinguish burning areas to insure that hazards are minimized to equipment operators and other persons working or living in the vicinity of the site. A plan for extinguishing coal refuse fires must be approved by the director and the Mine Safety and Health Administration. Only those persons authorized by the operator, and who have an understanding of the procedure to be used, shall be involved in the extinguishing operation.