Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.43 - 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
				  4VAC25-130-817.46 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 in
				  accordance with 4VAC25-130-817.41(h).
(2) The diversion and its appurtenant
				  structures shall be designed, located, constructed, and maintained 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
				  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.