West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-9 - Permanent Excess Spoil Disposal, Temporary Spoil Storage Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Disposal of
				Excess Spoil in Side of Hill Fills. -- Excess spoil or material to be placed in
				permanent disposal sites shall be transported to and placed in a controlled
				manner in disposal areas other than the mine workings or excavation only if all
				the provisions of this section are met.
9.1.a.
				Location of Disposal Sites. - Permanent excess spoil disposal areas shall be
				identified on the proposal map, shall be located within the permit area, and
				they must be approved by the Secretary as suitable for construction of fills.
				The disposal area shall be located on the most moderate slopes and naturally
				stable areas available.
9.1.b.
				Certification. -- Certification of the fill shall be as follows:
9.1.b.1. The fill shall be designed using
				recognized professional standards and certified by an approved registered
				professional engineer; and
9.1.b.2.
				The fill shall be inspected for stability by an approved registered
				professional engineer after completion of the first fifty-foot (50') lift, to
				assure the following requirements are met:
9.1.b.2.A. Removal of all organic material
				and topsoil;
9.1.b.2.B. Placement
				of under-drainage systems; and
9.1.b.2.C. Proper construction in accordance
				with the approved permit.
9.1.b.3 The approved registered professional
				engineer shall also provide a certified report upon completion of the fill that
				the fill has been constructed as designed in the approved permit.
9.1.b.4. Any deviations from the approved
				permit 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:
9.1.b.4.A.
				The original design;
9.1.b.4.B. The
				extent of the changes; and
9.1.b.4.C. The reference points.
9.1.b.4.C.1. If as built plans are submitted,
				the certification shall:
9.1.b.4.C.1.(a)
				Describe how and to what extent the construction deviates from the proposed
				design; and
9.1.b.4.C.1.(b) Certify
				that the fill will meet all the requirements of this rule.
9.1.c.
				Stabilization. -- Where the slope in the disposal area exceeds 2.8 horizontal
				to one (1) vertical (thirty-six (36%) percent), or where necessary to achieve a
				static safety factor of 1.5, measures such as keyway cuts, rock toe buttresses
				or other techniques shall be used. All organic material shall be removed from
				the disposal area and the topsoil must be removed and segregated before the
				overburden is placed in the disposal area. Suitable organic material may be
				used as mulch or may be included in the topsoil. The spoil shall be transported
				and placed in a controlled manner, concurrently compacted as necessary to
				ensure long-term mass stability and prevent mass movement. The fill shall be
				drained and graded to allow surface and subsurface drainage to be compatible
				with the natural surroundings.
9.1.d. Drainage. -- The disposal area shall
				not contain springs, natural water courses or wet weather seeps unless lateral
				drains are constructed from the wet areas to the under drains in such a manner
				that infiltration of the water into the fill shall be prevented. The drains
				shall be designed and constructed of course rock. If no filter is designed for
				the under drain, sufficient capacity shall be provided to allow for partial
				plugging of the drain. No rock shall be used in under drains if it tends to
				disintegrate or if it is acid-forming or toxic-forming.
9.1.e. Construction. -- Construction of the
				fill shall be as follows:
9.1.e.1. All areas
				upon which the fill is to be placed shall first be progressively cleared of all
				trees, brush, and shrubs. This material shall be removed from the fill
				area;
9.1.e.2. 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;
9.1.e.3. The
				thickness of the layers shall not exceed four (4) feet;
9.1.e.4. The outer slope or face of the fill
				shall be regraded to be no steeper than two (2) horizontal to one (1) vertical
				(2:1) Provided, That constructed fill slopes may be steeper if they meet a
				static safety factor of one point five (1.5) and are certified by a registered
				professional engineer. Benches shall be constructed on the fill at a maximum of
				every fifty feet (50') in vertical rise above the toe of the fill. The benches
				shall be no less than twenty feet (20') in width and slope toward the fill at a
				three (3) to five (5) percent grade and slope laterally at one (1) percent
				grade to discharge channels capable of passing the peak runoff for a
				one-hundred (100) year twenty-four (24) hour precipitation event; and
9.1.e.5. When construction of each lift
				(maximum of every fifty feet (50') in vertical height) of the fill is
				completed, topsoil or other suitable material which will support vegetation
				shall be spread over the completed slope and bench. The slopes and benches
				shall then be seeded and mulched immediately in accordance with the approved
				revegetation plans.