Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-3-7 - Drainage System7.1. Drainage Plan. -- There shall be submitted with the application for a quarrying permit a drainage plan which shows the proposed method of drainage control on and away from the area of land to be disturbed. Said plan shall indicate the location of sediment control structures, the location of all water test sites, a description of treatment facilities, and all other data as may be required.7.2. Natural Drainways. -- Natural drainways in the area of land disturbed by quarrying operations shall be kept free of overburden except where overburden placement has been approved. Such drainways shall be identified on the maps submitted with the application. Overburden placement and haulageways across natural drainways shall be constructed so as not to materially increase the sediment load in the stream.7.3. Constructed Drainways. 7.3.a. Ditch Above Highwall. -- All surface water which drains into the pit may be effectively intercepted on the uphill side of the highwall by diversion ditches or other suitable and adequate drainage structures and conveyed by adequate channels or other suitable means of discharge to natural drainways outside the disturbed area.7.3.b. Ditch on Bench. -- Drainage ditches or other suitable structures shall be constructed on the bench in order to carry off storm, surface or seepage water. The breaking point for ditches on the bench shall fall at or near the midpoint between natural or constructed drainways. In no case shall water be discharged over an unprotected spoil slope or across unprotected disturbed area. Removal of water from the bench shall be accomplished by use of adequate pipe, a rock riprap flume, asphalt or concrete chutes, or by grading a channel to non-erosive rock.7.3.c. Ditch Below Spoil Slope. -- All surface water draining off the disturbed area shall be intercepted by suitable and adequate diversion ditches or berms which will carry the water to suitable drainage control structures before discharge into a natural drainway. These ditches shall be located as close as practicable to the anticipated disturbance. If at any time spoil material interferes with the flow of water in these ditches, that material shall be cleaned out immediately. The Secretary may, in the exercise of his sound discretion, when not in conflict with W. Va. Code §22-4, as amended, waive this rule.7.4. Sediment. 7.4.a. Sediment Control. -- Drainage control structures shall be constructed in appropriate locations in order to control sedimentation. All such structures shall have a minimum capacity to store .125 acre-ft./acre of disturbed area in the watershed. This disturbed area shall include all land affected by previous operations that is not presently stabilized, and all land that will be affected within the component drainage area. Design criteria and construction specifications for embankment type sediment dams, excavated ponds, other water retarding structures and drainage control structures will be found in the Technical Handbook.7.4.b. The Secretary may consider approving a reduced storage factor for sediment control structures where the applicant has demonstrated a reasonable likelihood, and the Secretary finds that effluent limitations will be met.7.4.c. All sediment control structures shall be cleaned to the original designed storage capacity when the sediment accumulation reaches sixty percent (60%) of design capacity. Sediment removed during the maintenance of drainage control structures shall be disposed of in a location approved by the Secretary.7.5. Drainage 7.5.a. Drainage Certification. -- Prior to disturbance in a component drainage area, the operator shall complete and certify the drainage and sediment control system in accordance with the approved permit. The certification shall be on forms approved by the Secretary and signed by a qualified registered professional engineer, licensed land surveyor or an approved person.7.5.b. As-Built Plans. -- Any deviations from the approved plan which result from unforeseen site specific circumstances arising during construction, shall be reflected in as-built plans submitted by the operator, and approved by the Secretary immediately following construction. The as-built plans shall include the following: 7.5.b.1. The original design;7.5.b.2. The extent of the changes; and7.5.b.3. The reference points. If as-built plans are submitted, the certification shall 7.5.b.3.A. Describe how and to what extent the construction deviates from the proposed design; and7.5.b.3.B. Explain how and certify that the drainage structure will meet the provisions of this rule.7.6. Water Quality Control.7.6.a. All reasonable measures shall be taken to intercept all undisturbed surface water to prevent water from entering the pit area by the use of the following: 7.6.a.1. Diversion ditches;7.6.a.2. Culverts and drainage ditches; or7.6.b. Pits may be used for temporary or auxiliary water storage and sediment control; provided however, that the pit storage does not contribute to water contamination as demonstrated by surface and ground water monitoring. Water accumulation in an active working pit shall be limited to those areas where it does not come into continual contact with loading or excavating equipment. Pits may also be used as permanent water impoundments if approved in the permit application as a part of the sediment control plan or reclamation plan.7.6.c. All water discharges from the permit shall be monitored in accordance with the approved National Pollutant Discharge Elimination System (NPDES) permit issued to the operator and a written record of the testing dates and analytical data shall be kept current and made available for inspection. A compilation of the foregoing information shall be submitted to the Secretary in accordance with the approved permit.7.6.d. Any treatment works necessary to meet effluent limitations shall be approved by the Secretary. Discharge from the permit area shall not in any case violate federal or state water quality standards or effluent limitations.7.6.e. The monitoring frequency shall be governed by the standards set forth in the National Pollutant Discharge Elimination System program under the federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq., and the rules and regulations promulgated thereunder.7.6.f. Water tests shall be taken before quarrying operations begin, and the results of these tests shall be shown in the permit application. The location for these preliminary tests shall be:7.6.f.1. On natural drainways above proposed quarrying operation; and7.6.f.2. On natural drainways below proposed quarrying operations at or near the affected drainage area boundary.7.7. Seeding of Drainage System. -- All areas disturbed in the installation of the drainage system shall be mechanically stabilized, or seeded and mulched after construction in accordance with section 10 of this rule.