West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02 - West Virginia Surface Mining Reclamation Rule › Section 38-2-22 - Coal Refuse

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1.
				Applicability - Any surface coal mining operation which involves the
				construction, operation, enlargement, modification, removal and/or abandonment
				of a coal refuse site shall be subject to the special provisions of this
				section in addition to other applicable permitting requirements, performance
				standards, and enforcement provisions of this rule, the Act, and other State
				and Federal laws and regulations.
22.2. Certification - For purposes of
				permitting, the applicant shall submit a separate set of maps, plans, design
				data, and specifications for the refuse disposal facility, in addition to those
				contained in the permit application.
The disposal facility shall be designed using current,
				  prudent engineering practices. A qualified registered professional engineer,
				  experienced in the design of similar earth and refuse structures, shall certify
				  the design of the disposal facility. The disposal facility shall be designed to
				  attain a minimum long-term static safety factor of 1.5 and a seismic factor of
				  safety of 1.2. The stability of all foundations and abutments must be
				  maintained during all phases of construction.
22.3. Permit Requirements - General - In
				addition to the other permitting requirements of the Act, this rule and the
				requirements of
				30 CFR
				77.214 and 30 CFR 77.215, each permit
				application which involves a coal refuse site shall contain the following
				materials:
22.3.a. Narrative. A general
				narrative and discussion of the project to include at a minimum a discussion of
				existing site conditions, the design life of the facility, quantity and type of
				coal refuse to be placed on the site, subsidence potential method of operation
				to include clearing and grubbing, topsoil stockpiling, construction of surface
				and subsurface drainage facilities, phases of construction, method and location
				of coal refuse placement or removal, coal refuse placement during inclement
				weather, routine inspection and maintenance, procedure to be followed in the
				event the site is abandoned prior to the planned design life, and a sequence
				for construction of drainage facilities, critical construction phases,
				reclamation and final abandonment procedures. In addition, include a
				description of the duties, responsibilities and lines of communication of those
				persons responsible for the design and construction of the coal refuse disposal
				site. All data, graphs, curves, etc., which provide the basis for Hydrologic
				and hydraulic design of coal refuse embankments and impoundments shall
				accompany other design data, plans, and specifications, submitted as part of
				the permit application.
22.3.b.
				Plan View. A plan view of the site showing detailed contours, limits of the
				coal refuse disposal site, all drainage facilities, location of springs, seeps,
				mine drainage and/or openings, location of the subdrain system, project
				stationing, location of cross sections, location of borings, test pits and
				instrumentation and other pertinent data required for project
				control.
22.3.c. Cross Sections.
				Cross sections of the coal refuse disposal site transversely and longitudinally
				showing original ground, finished elevations, final configuration of refuse
				material, subdrains, diversion details, spillways, and other pertinent features
				of the site. Cross section shall be of sufficient accuracy and detail so as to
				provide a basis for stability computations at critical locations.
22.3.d. Sediment Control Plan. A sediment
				control plan designed in accordance with subsection 5.4 of this rule.
22.3.e. Diversions. Each application shall
				contain plans and specifications for a diversion channel above the coal refuse
				site to direct surface water runoff from the contributing watershed around the
				facility. Such diversion channel shall be designed in accordance with
				subsection 5.3 of this rule, except as follows:
22.3.e.1. Design storm. All diversion ditches
				and stream channel diversions shall be designed to carry the peak runoff from a
				one-hundred (100) year frequency, twenty-four (24) hour duration
				rainfall.
22.3.e.2. A freeboard
				equal to or greater than 1+.025vd1/3 shall be added
				to the design flow depth to obtain the total depth of the diversion
				ditch.
22.3.e.3. Each diversion
				ditch must be designed to carry the peak flow with freeboard from the
				contributing watershed area.
22.3.e.4. Diversions shall be designed,
				constructed, and maintained in a manner which prevents additional contributions
				of suspended solids to stream flow and to runoff outside the permit area to the
				fullest extent possible.
22.3.e.5.
				Excess excavated material not required for construction or maintenance of the
				diversion ditch must be properly disposed of in the permit area.
22.3.e.6. Topsoil removed from the channel
				excavation shall either be redistributed on another part of the permit area or
				stockpiled for a later use.
22.3.e.7. All diversion systems shall exit
				safely beyond the toe of the embankment in a natural drainway capable of
				carrying the design flow without excessive erosion.
22.3.e.8. All stream channel diversions must
				be designed to carry the design flow around the disturbed area. The diversions
				must outlet into the original channel or a natural channel of equal cross
				section.
22.3.e.9. Diversions in
				refuse must be lined with soil or a suitable substitute unless other erosion
				protection is provided.
22.3.e.10.
				Permanent diversion systems designed to convey water under a coal refuse
				embankment by means of a pipe or conduit are unacceptable. However, diversion
				by means of a pipe or conduit may be permitted during active operation,
				provided that (1) height or storage limits for impoundments are not exceeded,
				(2) the pipe or conduit is used in conjunction with surface ditches to meet
				applicable design storm requirements, and (3) the design of the pipe or conduit
				accounts for durability and design life, load limits, joint sealing, trash rack
				protection, and maintenance requirements throughout the operational life of the
				structure.
22.3.f. Design
				and Specifications for Hydraulic Structures. Such structures shall be designed
				to safely control excessive erosion by using energy dissipaters and/or channel
				protection, as necessary, based upon design flow velocity. Seepage control
				devices shall be used to prevent undercutting of nonflexible linings. The
				potential for landslides or slope failures shall be considered in the location
				of all hydraulic structures. Channels shall not be located on or near an
				existing landslide. No surface runoff or slurry may be diverted into
				underground mines unless approved by the Secretary in accordance with
				subdivision 14.5.e of this rule.
22.3.g. Computations. The application shall
				include all design data and calculation results. If a computer analysis is
				used, only the input data and results used specifically in the design need be
				submitted. If graphical flood routing techniques are used, all charts and
				graphs shall be included. Adequate cross sections and profiles shall be given
				for all hydraulic structures.
22.3.h. All coal refuse impoundments must be
				analyzed and/or designed in accordance with this subsection. Non-impounding
				coal refuse embankments must be designed in accordance with this subsection
				unless any proposed modifications to the design standards of this subsection
				are justified through appropriate stability analysis. The following structural
				analysis and/or design data of coal refuse embankments and impoundments shall
				be presented in graphical or tabular form:
22.3.h.1. A sufficient subsurface
				investigation shall be performed by a registered professional engineer or
				engineering geologist. The number, location, and depth of borings, test pits,
				and/or trenches shall be reasonable for the size, purpose, soils present, and
				foundation type of the structure. The investigation shall consider depth of
				soil to bedrock, field classification of soils, character of bedrock, in situ
				testing, soil sampling, determination of groundwater flow and location of seeps
				and springs, and a soil profile for critical locations in the structure,
				hydraulic structures and other pertinent locations which may affect the safety
				of the structure. The number, depth, and location of boreholes shall be based
				on the quantity of material to be impounded and subsurface conditions. A
				geologic study shall also be conducted for impounding structures to evaluate
				landslides into the impoundment, bedrock discontinuities such as soft seams,
				joints, joint systems, bedding planes, and fault zones which may adversely
				affect the structure's performance. Past and future mining to include height of
				seam, depth and cover rock of the seam, and previous subsidence problems shall
				be considered where subsidence may affect the safety of the
				structure.
22.3.h.2. Laboratory
				tests shall be conducted on all foundation and embankment materials to include
				soil classification through hydrometer analysis, density, water content,
				compaction tests, shear strength, consolidation, and permeability unless the
				scope, characteristics, or design concept of the site make one or more of these
				requirements unnecessary.
22.3.i. Safety Factors. A description
				including plans, design data, specifications, and computations of how safety
				conditions will be achieved. The disposal facility shall be designed,
				constructed, and maintained to attain a minimum long-term safety factor of 1.5;
				provided further that a coal refuse site which has the capability to impound
				water shall also attain a seismic safety factor of at least 1.2.
22.3.j. Liquefaction. Describe the potential
				for liquefaction and provide safeguards against the development of this
				condition.
22.3.k. Instrumentation.
				A description of installation of instrumentation such as piezometers,
				settlement markers, slope indicators, and similar monitoring devices shall be
				included in the plan to monitor present hazardous conditions, construction
				conditions, and to verify design assumptions. A plan for monitoring these
				devices shall also be provided.
22.3.l. Stability Analysis. All stability
				analyses shall be done using standard engineering techniques. The submittal
				shall include cross sections at critical locations in the facility showing the
				materials profile, location of critical potential failure surfaces and their
				factors of safety, estimated or measured phreatic surfaces for construction
				and/or long term seepage conditions, and a tabulated listing of strength
				parameters used. If a computer analysis is used, only the input data and
				results used specifically in the design shall be submitted.
22.3.m. Underdrains. If the disposal area
				contains springs, natural or manmade water courses, or wet weather seeps, the
				application shall include diversions and underdrains as necessary to control
				erosion, prevent water infiltration into the disposal facility and ensure
				stability. Diversions and underdrains shall be designed as follows:
22.3.m.1. Runoff from the areas above the
				refuse pile and runoff from the surface of the refuse pile shall be diverted
				into stabilized diversion channels designed in accordance with subdivision
				22.3.e of this subsection and subsection 5.3 of this rule to safely pass the
				runoff from a one hundred (100) year, twenty-four (24) hour precipitation
				event. Runoff diverted from undisturbed areas need not be commingled with
				runoff from the surface of the refuse pile. Uncontrolled surface drainage may
				not be diverted over the outslope of the refuse piles.
22.3.m.2. Underdrains shall consist of
				durable rock or pipe, and be designed and constructed using current, prudent
				engineering practices. The underdrain system shall be designed to carry the
				anticipated seepage of water due to rainfall and from seeps and springs in the
				foundation of the disposal area away from the site, and shall be protected from
				piping and contamination by an adequate filter. Rock underdrains shall be
				constructed of durable, nonacid, nontoxic-forming rock (e.g., natural sand and
				gravel, sandstone, limestone, or other durable rock) that does not slake in
				water or degrade to soil material, and which is free of coal, clay or other
				nondurable material. Perforated pipe underdrains shall be corrosion resistant
				and shall have characteristics consistent with the long-term life of the
				fill.
22.3.n. Site
				Preparation. Procedures for clearing and grubbing.
22.3.o. Excess Material. Procedures for
				disposal of excess material resulting from clearing, grubbing, and other site
				preparation activities.
22.3.p.
				Compaction Requirements. Procedures for spreading and compaction of refuse
				material during placement. The material shall be compacted in layers not
				exceeding two (2) feet in thickness and shall not have any slope exceeding two
				horizontal to one vertical, except that the Secretary may approve construction
				of a refuse pile in compacted layers exceeding two (2) feet in thickness, where
				engineering data substantiates that both a minimum static safety factor of 1.5
				and a minimum seismic safety factor of 1.2 will be attained; provided, that the
				operator shall submit plans for the Secretary's approval, and shall also
				provide documentation showing prior approval by MSHA pursuant to Federal
				regulations at
				30 CFR
				77.215(h) for the alternate
				construction, without which documentation the plans will not be
				approved.
22.3.q. Sealing Abandoned
				Openings. Plans in accordance with
				30 CFR 75.1711
				for sealing abandoned openings and covering the seal with four feet of an
				impermeable non-toxic material. Such plans shall consider prevention of water
				buildup behind the seals, toxicity of the refuse and mine strata, gradient of
				the opening, Hydrologic balance and passage of any acid water to a treatment
				facility. If a mine seal is in the impoundment area of an impounding coal
				refuse disposal site, the seal shall be designed to safely withstand full
				hydrostatic head with a factor of safety of at least 1.5 against blowout.
				Higher factors of safety may be required where dictated by the consequences of
				failure. Calculations and cross sections used in the analyses shall be
				submitted.
22.3.r. Extinguishment
				of Burning Areas. Plans approved by MSHA for the extinguishment of burning
				areas which contain, at a minimum, method of extinguishment, safety measures
				for equipment operators and persons working or living in the vicinity of the
				site, and a provision that only those persons authorized by the operator, shall
				be involved in the extinguishing operation.
22.3.s. Underground Disposal. Plans for
				underground refuse disposal shall be submitted to and approved by the Secretary
				and the Mine Safety and health Administration. All plans must include:
22.3.s.1. Method of disposal including a
				description of the source of the transport medium;
22.3.s.2. Maps of mines where coal refuse
				materials are to be disposed with a description of the percent of mine void to
				be filled;
22.3.s.3. Description of
				location of active workings including plans, specifications, and methods of
				constructing underground retaining walls;
22.3.s.4. Potential areas of breakout in
				active mine workings and on the surface of the ground;
22.3.s.5. Effects of subsidence on the
				plan;
22.3.s.6. The effects on the
				Hydrologic regime including the location and description of permanent
				monitoring wells or monitoring stations;
22.3.s.7. Gradient of the mine from the
				backfill area;
22.3.s.8.
				Description of the stratum underlying the mined coal;
22.3.s.9. Source and quality of the
				refuse;
22.3.s.10. The method of
				treatment of water if released to surface streams;
22.3.s.11. A contingency plan formulated to
				alleviate or correct any hazardous conditions which may result from a blowout;
				and
22.3.s.12. A description of the
				surface area to be supported by the refuse backfill, the anticipated surface
				effects following backfilling, and the method for dewatering the
				backfill.
22.3.t.
				Abandonment Plan. An abandonment plan which addresses the following
				requirements and include a schedule for their implementation:
22.3.t.1. No refuse embankment or impoundment
				may be abandoned until approved by the Secretary.
22.3.t.2. The final top elevation of the
				refuse embankment must be higher than, and sloped into, the diversion ditch.
				Maximum slope of the top of the embankment to the diversion ditch shall be five
				(5) percent unless otherwise approved by the Secretary.
22.3.t.3. All pipes under refuse areas left
				as non-impounding fills shall be sealed with concrete at the upstream end prior
				to abandonment.
22.3.t.4. At
				abandonment all fine refuse in the impoundment pool shall be covered with a
				minimum three foot layer of coarse refuse or other fill material prior to being
				covered with the non-toxic and non-combustible material unless otherwise
				approved by the Secretary.
22.3.t.5. At abandonment all coal refuse
				shall be covered with a minimum of four (4) feet of the best available
				non-toxic and non-combustible material in a manner that does not impede flow
				from sub-drainage systems. The Secretary may allow less than four (4) feet of
				cover material where it can be demonstrated on the basis of physical and
				chemical analyses of the growth medium that the vegetation requirements of
				section 9 of this rule will be met.
22.3.t.6. A certificate of approval for
				completion of construction shall be issued upon completion of the above
				requirements.