Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.43 - Diversions

Current through Register Vol. 40, No. 24, July 15, 2024
(a) General
				  requirements.
(1) With the approval of the
				  division, any flow from mined areas abandoned before May 3, 1978, and any flow
				  from undisturbed areas or reclaimed areas, after meeting the criteria of
				  4VAC25-130-816.46 for siltation structure removal, may be diverted from
				  disturbed areas by means of temporary or permanent diversions. All diversions
				  shall be designed to minimize adverse impacts to the hydrologic balance within
				  the permit and adjacent areas, to prevent material damage outside the permit
				  area and to assure the safety of the public. Diversions shall not be used to
				  divert water into underground mines without approval of the division under
				  4VAC25-130-816.41(i).
(2) The
				  diversion and its appurtenant structures shall be designed, located,
				  constructed, maintained, and used to--
(i) Be
				  stable;
(ii) Provide protection
				  against flooding and resultant damage to life and property;
(iii) Prevent, to the extent possible using
				  the best technology currently available, additional contributions of suspended
				  solids to streamflow outside the permit area; and
(iv) Comply with all applicable local, State
				  and Federal laws and regulations.
(3) Temporary diversions shall be removed
				  promptly when no longer needed to achieve the purpose for which they were
				  authorized. The land disturbed by the removal process shall be restored in
				  accordance with this Part. Before diversions are removed, downstream
				  water-treatment facilities previously protected by the diversion shall be
				  modified or removed, as necessary, to prevent overtopping or failure of the
				  facilities. This requirement shall not relieve the permittee from maintaining
				  water-treatment facilities as otherwise required. A permanent diversion or a
				  stream channel reclaimed after the removal of a temporary diversion shall be
				  designed and constructed so as to restore or approximate the premining
				  characteristics of the original stream channel including the natural riparian
				  vegetation to promote the recovery and the enhancement of the aquatic
				  habitat.
(4) Diversions which
				  convey water continuously or frequently shall be designed by a qualified
				  registered professional engineer and constructed to ensure stability and
				  compliance with the standards of this Part and any other criteria set by the
				  division.
(5) Channel side slopes
				  shall be no steeper than 1.5h:1v in soil.
(6) Adequate freeboard shall be provided to
				  prevent overtopping. A minimum of 0.3 feet shall be included, with additional
				  freeboard provided at curves, transitions, and other critical sections as
				  required.
(7) When rock rip rap
				  lining is used, consideration shall be given to rip rap size, bedding, and
				  filter material. Rock used for rip rap shall be non-degradable, and non-acid
				  forming such as natural sand and gravel,sandstone or limestone. No clay, shale,
				  or coal shall be used.
(8) Sediment
				  and other debris shall be removed and the diversion maintained to provide the
				  design requirements throughout its operation.
(9) The division may specify other criteria
				  for diversions to meet the requirements of this section.