ILLINOIS REGULATORY PROGRAM ILLINOIS ADMINISTRATIVE CODE ("Ill. Adm. Code") TITLE 62 MINING CHAPTER I DEPARTMENT OF NATURAL RESOURCES PART 1816 PERMANENT PROGRAM PERFORMANCE STANDARDS SURFACE MINING ACTIVITIES 62 Ill. Adm. Code Sec. 1816.11 Signs and Markers 62 Ill. Adm. Code Sec. 1816.13 Casing and Sealing of Drilled Holes: General Requirements 62 Ill. Adm. Code Sec. 1816.14 Casing and Sealing of Drilled Holes: Temporary 62 Ill. Adm. Code Sec. 1816.15 Casing and Sealing of Drilled Holes: Permanent 62 Ill. Adm. Code Sec. 1816.21 Topsoil: General Requirements (Repealed) 62 Ill. Adm. Code Sec. 1816.22 Topsoil and Subsoil 62 Ill. Adm. Code Sec. 1816.23 Topsoil: Storage (Repealed) 62 Ill. Adm. Code Sec. 1816.24 Topsoil: Redistribution (Repealed) 62 Ill. Adm. Code Sec. 1816.25 Topsoil: Nutrients and Soil Amendments (Repealed) 62 Ill. Adm. Code Sec. 1816.41 Hydrologic Balance Protection 62 Ill. Adm. Code Sec. 1816.42 Hydrologic Balance: Water Quality Standards and Effluent Limitations 62 Ill. Adm. Code Sec. 1816.43 Diversions 62 Ill. Adm. Code Sec. 1816.44 Hydrologic Balance: Stream Channel Diversions (Repealed) 62 Ill. Adm. Code Sec. 1816.45 Hydrologic Balance: Sediment Control Measures 62 Ill. Adm. Code Sec. 1816.46 Hydrologic Balance: Siltation Structures 62 Ill. Adm. Code Sec. 1816.47 Hydrologic Balance: Discharge of Structures 62 Ill. Adm. Code Sec. 1816.48 Hydrologic Balance: Acid-Forming and Toxic-Forming Spoil (Repealed) 62 Ill. Adm. Code Sec. 1816.49 Impoundments 62 Ill. Adm. Code Sec. 1816.50 Hydrologic Balance: Ground Water Protection (Repealed) 62 Ill. Adm. Code Sec. 1816.51 Hydrologic Balance: Protection of Ground Water Recharge Capacity (Repealed) 62 Ill. Adm. Code Sec. 1816.52 Hydrologic Balance: Surface and Ground Water Monitoring (Repealed) 62 Ill. Adm. Code Sec. 1816.53 Hydrologic Balance: Transfer of Wells (Repealed) 62 Ill. Adm. Code Sec. 1816.54 Hydrologic Balance: Water Rights and Replacement (Repealed) 62 Ill. Adm. Code Sec. 1816.55 Hydrologic Balance: Discharge of Water Into an Underground Mine (Repealed) 62 Ill. Adm. Code Sec. 1816.56 Post-Mining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities 62 Ill. Adm. Code Sec. 1816.57 Hydrologic Balance: Stream Buffer Zones 62 Ill. Adm. Code Sec. 1816.59 Coal Recovery 62 Ill. Adm. Code Sec. 1816.61 Use of Explosives: General Requirements 62 Ill. Adm. Code Sec. 1816.62 Use of Explosives: Pre-Blasting Survey 62 Ill. Adm. Code Sec. 1816.64 Use of Explosives: Public Notice of Blasting Schedule 62 Ill. Adm. Code Sec. 1816.65 Use of Explosives: Surface Blasting Requirements (Repealed) 62 Ill. Adm. Code Sec. 1816.66 Use of Explosives: Blasting Signs, Warnings, and Access Control 62 Ill. Adm. Code Sec. 1816.67 Use of Explosives: Control of Adverse Effects 62 Ill. Adm. Code Sec. 1816.68 Use of Explosives: Records of Blasting Operations 62 Ill. Adm. Code Sec. 1816.71 Disposal of Excess Spoil: General Requirements 62 Ill. Adm. Code Sec. 1816.72 Disposal of Excess Spoil: Valley Fills/Head-of-Hollow Fills 62 Ill. Adm. Code Sec. 1816.73 Disposal of Excess Spoil: Head-Of-Hollow Fills (Repealed) 62 Ill. Adm. Code Sec. 1816.74 Disposal of Excess Spoil: Durable Rock Fills 62 Ill. Adm. Code Sec. 1816.75 Disposal of Excess Spoil: Preexisting Benches 62 Ill. Adm. Code Sec. 1816.79 Protection of Underground Mining 62 Ill. Adm. Code Sec. 1816.81 Coal Mine Waste: General Requirements 62 Ill. Adm. Code Sec. 1816.82 Coal Processing Waste Banks: Site Inspection (Repealed) 62 Ill. Adm. Code Sec. 1816.83 Coal Mine Waste: Refuse Piles 62 Ill. Adm. Code Sec. 1816.84 Coal Mine Waste: Impounding Structures 62 Ill. Adm. Code Sec. 1816.85 Coal Processing Waste Banks: Construction Requirements (Repealed) 62 Ill. Adm. Code Sec. 1816.86 Coal Processing Waste: Burning (Repealed) 62 Ill. Adm. Code Sec. 1816.87 Coal Mine Waste: Burned Waste Utilization 62 Ill. Adm. Code Sec. 1816.88 Coal Processing Waste: Return to Underground Workings (Repealed) 62 Ill. Adm. Code Sec. 1816.89 Disposal of Noncoal Mine Wastes 62 Ill. Adm. Code Sec. 1816.91 Coal Processing Waste: Dams and Embankments: General Requirements (Repealed) 62 Ill. Adm. Code Sec. 1816.92 Coal Processing Waste: Dams and Embankments: Site Preparation (Repealed) 62 Ill. Adm. Code Sec. 1816.93 Coal Processing Waste: Dams and Embankments: Design and Construction (Repealed) 62 Ill. Adm. Code Sec. 1816.94 Coal Processing Waste: Time and Requirements for Completion of Covering (Repealed) 62 Ill. Adm. Code Sec. 1816.95 Stabilization of Surface Areas 62 Ill. Adm. Code Sec. 1816.97 Protection of Fish, Wildlife, and Related Environmental Values 62 Ill. Adm. Code Sec. 1816.99 Slides and Other Damage 62 Ill. Adm. Code Sec. 1816.100 Contemporaneous Reclamation 62 Ill. Adm. Code Sec. 1816.101 Backfilling and Grading: General Requirements 62 Ill. Adm. Code Sec. 1816.102 Backfilling and Grading: General Grading Requirements 62 Ill. Adm. Code Sec. 1816.103 Backfilling and Grading: Covering or Treating Coal and Acid- and Toxic-Forming Materials (Repealed) 62 Ill. Adm. Code Sec. 1816.104 Backfilling and Grading: Thin Overburden 62 Ill. Adm. Code Sec. 1816.105 Backfilling and Grading: Thick Overburden 62 Ill. Adm. Code Sec. 1816.106 Backfilling and Grading: Previously Mined Areas 62 Ill. Adm. Code Sec. 1816.107 Backfilling and Grading: Steep Slopes 62 Ill. Adm. Code Sec. 1816.111 Revegetation: General Requirements 62 Ill. Adm. Code Sec. 1816.112 Revegetation: Use of Introduced Species (Repealed) 62 Ill. Adm. Code Sec. 1816.113 Revegetation: Timing 62 Ill. Adm. Code Sec. 1816.114 Revegetation: Mulching and Other Soil Stabilizing Practices 62 Ill. Adm. Code Sec. 1816.115 Revegetation: Grazing (Repealed) 62 Ill. Adm. Code Sec. 1816.116 Revegetation: Standards for Success 62 Ill. Adm. Code Sec. 1816.117 Revegetation: Tree and Shrub Vegetation 62 Ill. Adm. Code Sec. 1816.131 Cessation of Operations: Temporary 62 Ill. Adm. Code Sec. 1816.132 Cessation of Operations: Permanent 62 Ill. Adm. Code Sec. 1816.133 Post-Mining Land Capability 62 Ill. Adm. Code Sec. 1816.150 Roads: General 62 Ill. Adm. Code Sec. 1816.151 Primary Roads 62 Ill. Adm. Code Sec. 1816.180 Utility Installations 62 Ill. Adm. Code Sec. 1816.181 Support Facilities 62 Ill. Adm. Code Sec. 1816.190 Affected Acreage Map APPENDIX A Agricultural Lands Productivity Formula EXHIBIT A County Crop Yields by Soil Mapping Unit TABLE A Subsoil Adjustments TABLE B Soil Variance Codes TABLE C County Numbering System TABLE D Sample Points Per Crop Acres TABLE E Soil Master File TABLE F County Cropped Acreage File AUTHORITY: Implementing and authorized by the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720]. SOURCE: Adopted at 4 Ill. Reg. 37, p. 1, effective June 1, 1982; amended at 6 Ill. Reg. 1, effective June 1, 1982; amended at 6 Ill. Reg. 15024, effective December 30, 1982; codified at 8 Ill. Reg. 8224; amended at 9 Ill. Reg. 13310, effective October 10, 1985; amended at 10 Ill. Reg. 8985, effective July 1, 1986; amended at 11 Ill. Reg. 8131, effective July 1, 1987; amended at 14 Ill. Reg. 11830, effective January 1, 1991; amended at 15 Ill. Reg. 17166, effective January 1, 1992; amended at 17 Ill. Reg. 11001, effective July 1, 1993; amended at 20 Ill. Reg. 2027, effective January 19, 1996, amended at 22 Ill. Reg. 20228, effective November 5, 1998; amended at 24 Ill. Reg. 5967, effective March 21, 2000. NOTE: Cross references to OSM's federal regulations and SMCRA appear in double braces to the right of the Rule or Section number, e.g., "62 Ill. Adm. Code Sec. 1774.13 PERMIT REVISIONS {{ 30 CFR 774.13 }}". The cross references were compiled using the preambles to OSM's approval of amendments to the Illinois regulatory program published in the Federal Register and from the file of Illinois regulatory material in the COALEX Library in LexisNexis. 62 Ill. Adm. Code Sec. 1816.11 SIGNS AND MARKERS {{ 30 CFR 816.11 }} a) Specifications. Signs and markers required under this Part shall: 1) Be posted and maintained by the person who conducts the surface mining activities; 2) Be of a uniform design throughout the operation that can be easily seen and read; 3) Be made of durable material; and 4) Conform to local ordinances and codes. b) Duration of maintenance. Signs and markers shall be maintained during the conduct of all activities to which they pertain. c) Mine and permit identification signs. 1) Identification signs shall be displayed at each point of access to the permit area from public roads. 2) Signs shall show the name, business address, and telephone number of the person who conducts the surface mining activities and the identification number of the current permit authorizing surface mining activities. 3) Signs shall be retained and maintained until after the release of all bonds for the permit area. d) Perimeter markers. The perimeter of a permit area shall be clearly marked before the beginning of surface mining activities. e) Buffer zone markers. Buffer zones shall be marked along their boundaries as required under Section 1816.57. f) Topsoil markers. Where topsoil or other vegetation supporting material is segregated and stockpiled as required under Section 1816.22, the stockpiled material shall be clearly marked. g) Where required by State law, the operator shall replace section, township and other legal markers which serve to delineate political or geographic boundaries. (Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.13 CASING AND SEALING OF DRILLED HOLES: GENERAL REQUIREMENTS {{ 30 CFR 816.13 }} Each exploration hole, other drill or borehole, well, or other exposed underground opening shall be cased, sealed, or otherwise managed, as approved by the Illinois Department of Natural Resources, Office of Mines and Minerals (Department), to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery in the permit and adjacent area. If these openings are uncovered or exposed by surface mining activities within the permit area they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the Department. Use of a drilled hole or borehole or monitoring well as a water well must meet the provisions of Section 1816.41. This Section does not apply to holes solely drilled and used for blasting. (Source: Amended at 20 Ill. Reg. 2027, effective January 19, 1996) 62 Ill. Adm. Code Sec. 1816.14 CASING AND SEALING OF DRILLED HOLES: TEMPORARY {{ 30 CFR 816.14 }} Each exploration hole, other drill or boreholes, wells, and other exposed underground openings which have been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor ground water conditions, shall be temporarily sealed before use and protected during use by barricades, or fences, or other protective devices approved by the Department. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the surface mining activities. 62 Ill. Adm. Code Sec. 1816.15 CASING AND SEALING OF DRILLED HOLES: PERMANENT {{ 30 CFR 816.15 }} When no longer needed for monitoring or other use approved by the Department upon a finding of no adverse environmental or health and safety effect, or unless approved for transfer as a water well under Section 1816.41, each exploration hole, other drilled hole or borehole, well, and other exposed underground opening shall be capped, sealed, backfilled, or otherwise properly managed, as required by the Department, under Section 1816.13 and consistent with 30 CFR 75.1711. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters. (Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.21 TOPSOIL: GENERAL REQUIREMENTS (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.22 TOPSOIL AND SUBSOIL {{ 30 CFR 816.22 }} a) Removal. 1) All topsoil shall be removed as a separate layer from the area to be disturbed, and segregated. Where topsoil is of insufficient quantity or poor quality for sustaining vegetation, the materials approved by the Department in accordance with subsection (b) shall be removed as a separate layer from the area to be disturbed, and segregated. 2) If topsoil is less than six (6) inches thick and no substitutes or supplements are approved in accordance with subsection (b), the operator shall remove a six (6) inch layer that includes the A horizon and the unconsolidated materials immediately below or the A horizon and all unconsolidated materials if the total available is less than six (6) inches and treat the mixture as topsoil. 3) The Department shall not require the removal of topsoil for minor disturbances which: A) Occur at the site of small structures, such as power poles, signs, fence lines or markers; or B) Will not destroy the existing vegetation, will not cause erosion and will not degrade the quality or limit the future use of the soil. 4) All material to be removed under this Section shall be removed after the vegetative cover that would interfere with its salvage is cleared from the area to be disturbed, but before any drilling, blasting, mining or other surface disturbance takes place. b) Substitutes and supplements. Selected overburden materials may be substituted for, or used as a supplement to topsoil if the operator demonstrates to the Department that the resulting soil medium is equal to, or more suitable for sustaining vegetation than, the existing topsoil, and the resulting soil medium is the best available in the permit area to support revegetation. The demonstration shall be based upon the information requirements of 62 Ill. Adm. Code 1780.18(b)(4). c) Storage. 1) Materials removed under subsection (a) if not redistributed immediately shall be segregated and stockpiled. 2) Stockpiled materials shall: A) Be selectively placed on a stable site within the permit area; B) Be protected from contaminants and unnecessary compaction that would interfere with revegetation; C) Be protected from wind and water erosion through prompt establishment and maintenance of an effective, quick growing vegetative cover or through other measures equally effective in controlling erosion approved by the Department; and D) Not be moved until required for redistribution unless approved by the Department. 3) Where long-term surface disturbances will result from facilities such as support facilities and preparation plants and where stockpiling of materials removed under subsection (a)(1) would be detrimental to the quality or quantity of those materials, the Department may approve the temporary distribution of the soil materials so removed to an approved site within the permit area to enhance the current use of that site until needed for later reclamation provided that: A) Such action will not permanently diminish the capability of the topsoil of the host site; and B) The material will be retained in a condition more suitable for redistribution than if stockpiled. d) Redistribution. 1) Topsoil materials removed under subsection (a) shall be redistributed in a manner that: A) Achieves an approximate uniform, stable thickness consistent with the approved post-mining land use, contours and surface-water drainage systems; B) Prevents excess compaction of the materials; and C) Protects the materials from wind and water erosion and contamination before and after seeding and planting. 2) Before redistribution of the material removed under subsection (a) the regraded land shall be treated if necessary to reduce potential slippage of the redistributed material and to promote root penetration. If no harm will be caused to the redistributed material and reestablished vegetation, such treatment may be conducted after such material is replaced. 3) The Department shall not require the redistribution of topsoil or topsoil substitutes on the approved post-mining embankments of permanent impoundments or of roads if it determines that: A) Placement of topsoil or topsoil substitutes on such embankments is inconsistent with the requirement to use the best technology currently available to prevent sedimentation; and B) Such embankments will be otherwise stabilized. 4) Nutrients and soil amendments shall be applied to the initially redistributed material when necessary to establish the required vegetative cover. e) Subsoil segregation. The Department may require that the B horizon, C horizon, or other underlying strata, or portions thereof, be removed and segregated, stockpiled, and redistributed as subsoil in accordance with the requirements of subsections ( c) and (d) if it finds that such subsoil layers are necessary to comply with the revegetation requirements of Sections 1816.111, 1816.113, 1816.114, 1816.116 and 1816.117. (Source: Amended at 20 Ill. Reg. 2027, effective January 19, 1996) 62 Ill. Adm. Code Sec. 1816.23 TOPSOIL: STORAGE (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.24 TOPSOIL: REDISTRIBUTION (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.25 TOPSOIL: NUTRIENTS AND SOIL AMENDMENTS (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.41 HYDROLOGIC BALANCE PROTECTION {{ 30 CFR 816.41 }} a) General. All surface mining and reclamation activities shall be conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, such as diminution of recharge capacity, to prevent violations of State and Federal water quality standards and effluent limitations, to assure the protection or replacement of water rights, and to support approved post-mining land uses in accordance with the terms and conditions of the approved permit and the performance standards of this Part. The Department shall require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented if the current approved plan is not sufficient to achieve this protection. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment. b) Ground water protection. In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under 62 Ill. Adm. Code 1780.21(h) and the following: 1) Ground water quality shall be protected by handling earth materials and runoff in a manner that minimizes acidic, toxic, or other harmful infiltration to ground water systems and by managing excavations and other disturbances to prevent or control the discharge of pollutants into the ground water. 2) Ground water quantity shall be protected by handling earth materials and runoff in a manner that will restore the approximate premining recharge capacity of the reclaimed area as a whole, excluding coal mine waste disposal areas and fills, so as to allow the movement of water to the ground water system. c) Ground water monitoring. 1) Ground water monitoring shall be conducted according to the ground water monitoring plan approved under 62 Ill. Adm. Code 1780.21(i). If unanticipated conditions develop, or if an approved operation or reclamation plan is modified or revised such that the current monitoring program would not detect possible adverse impacts to the hydrologic balance as a result of this change, then the Department shall require additional monitoring including, but not limited, to increased monitoring frequency, additional monitoring wells or changes in the number of parameters being monitored, when it is determined that the proposed, or approved, monitoring plan is not adequate to detect adverse impacts to the hydrologic balance. 2) Ground water monitoring data shall be submitted every three (3) months to the Department or more frequently as prescribed by the Department. Ground water monitoring reports shall be submitted by the first day of the second month following the reporting period, unless the Department specifies an alternative reporting schedule. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any ground water sample indicates noncompliance with the permit conditions, then the operator shall promptly notify the Department and immediately take the actions provided for in 62 Ill. Adm. Code 1773.17(e) and 1780.21(h). 3) Ground water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of 62 Ill. Adm. Code 1774.13, the Department may modify the monitoring requirements when such changes to the approved plan do not diminish the ability to detect adverse impacts to the hydrologic balance, including the parameters covered and the sampling frequencies, if the operator demonstrates, using the monitoring data obtained under this subsection that: A) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quality and quantity are suitable to support approved post-mining land uses; and the water rights of other users have been protected or replaced; or B) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under 62 Ill. Adm. Code 1780.21. 4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of ground water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the operator when no longer needed, except as provided for under subsection (g). d) Surface water protection. In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under 62 Ill. Adm. Code 1780.21(i) and the following: 1) Surface water quality shall be protected by handling earth materials, ground water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage; prevents, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this Section and Section 1816.42, the operator shall use and maintain the necessary water treatment facilities or water quality controls. 2) Surface water quantity and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under 62 Ill. Adm. Code 1780.21(h). e) Surface water monitoring. 1) Surface water monitoring shall be conducted according to the surface water monitoring plan approved under 62 Ill. Adm. Code 1780.21(j). If unanticipated conditions develop, or if an approved operation or reclamation plan is modified or revised such that the current monitoring program would not detect possible adverse impacts to the hydrologic balance as a result of this change, then the Department shall require additional monitoring including, but not limited to, changes in the number of parameters or frequency of sample collection, when it is determined that the approved plan is not designed to detect adverse impacts to the hydrologic balance. 2) Surface water monitoring data shall be submitted to the Department every three (3) months, or more frequently as prescribed by the Department in those circumstances where a more frequent monitoring schedule is necessary to detect adverse impacts to the surface water system. This shall include, but not necessarily be limited to, copies of reports submitted for the National Pollutant Discharge Elimination System (NPDES) sent to the Illinois Environmental Protection Agency (EPA). Copies of NPDES reports shall be sent to the Department by the first day of the second month following the reporting period. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analytical results of any surface water sample indicates noncompliance with the permit conditions, the operator shall notify the Department within five (5) days and immediately take the actions provided for in 62 Ill. Adm. Code 1773.17(e) and 1780.21(h). The reporting requirements of this paragraph do not exempt the operator from meeting any NPDES reporting requirements. 3) Surface water monitoring shall proceed through mining and continue until bond release. Consistent with 62 Ill. Adm. Code 1774.13, the Department may modify the monitoring requirements, except those required by the Illinois EPA, when such changes to the approved plan do not diminish the ability to detect adverse impacts to the hydrologic balance, including the parameters covered and sampling frequency if the operator demonstrates using the monitoring data that: A) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved post-mining land uses; and the water rights of other users have been protected or replaced; or B) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under 62 Ill. Adm. Code 1780.21(j). 4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of surface water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the operator when no longer needed, except as provided for in Section 1816.49(b). f) Acid- and toxic-forming materials. 1) Drainage from acid- and toxic-forming materials into surface water and ground water shall be avoided by: A) Identifying and burying and/or treating, when necessary, materials which may adversely affect water quality, or be detrimental to vegetation or to public health and safety if not buried and/or treated, and B) Storing materials in a manner that will protect surface water and ground water by preventing erosion, the formation of polluted runoff, and the infiltration of polluted water. Storage shall be limited to the period until burial and/or treatment first become feasible, and so long as storage will not result in any risk of water pollution or other environmental damage. 2) Storage, burial or treatment practices shall be consistent with other material handling and disposal provisions of Section 1816.102. g) Before final release of bond, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with Sections 1816.13 through 1816.15. With prior approval of the Department, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with State and local law and the permittee shall remain responsible for the proper management of the well until bond release in accordance with Sections 1816.13 through 1816.15. h) Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been adversely impacted by contamination, diminution, or interruption proximately resulting from the surface mining activities. Information used to determine the extent of the impact of mining upon ground water and surface water shall include, but not be limited to, baseline hydrologic information required in 62 Ill. Adm. Code 1780.21 and 1780.22. i) Discharges into an underground mine. 1) Discharges into an underground mine are prohibited, unless specifically approved by the Department after a demonstration that the discharge will: A) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from surface mining activities; B) Not result in a violation of water quality standards or effluent limitations set forth in Section 1816.42; C) Be at a known rate and quality which shall meet the effluent limitations of Section 1816.42 for pH and total suspended solids, except that the Department may allow pH and total suspended solids to exceed effluent limits so long they will not result in any adverse impacts to the hydrologic balance, and D) Meet with the approval of the Mine Safety and Health Administration. 2) Discharges shall be limited to the following: A) Water; B) Coal processing waste; C) Fly ash from a coal-fired facility; D) Sludge from an acid-mine drainage treatment facility; E) Flue-gas desulfurization sludge; F) Inert materials used for stabilizing underground mines; and G) Underground mine development wastes. (Source: Amended at 20 Ill. Reg. 2027, effective January 19, 1996) 62 Ill. Adm. Code Sec. 1816.42 HYDROLOGIC BALANCE: WATER QUALITY STANDARDS AND EFFLUENT LIMITATIONS {{ 30 CFR 816.42 }} Discharges of water from areas disturbed by surface mining activities shall be made in compliance with the Federal Water Pollution Control Act of 1972 as amended, (30 U.S.C. 1251 et seq.), the Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111 1/2, pars. 1001 et seq.) (415 ILCS 5/1)and with effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR 434 (1992). 40 CFR 434 (1992) does not include any later amendments or editions. (Source: Amended at 17 Ill. Reg. 11031, effective July 1, 1993) 62 Ill. Adm. Code Sec. 1816.43 DIVERSIONS {{ 30 CFR 816.43 }} a) General Requirements. 1) With the approval of the Department, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of Section 1816.46 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 Department under Section 1816.41(i). 2) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to: A) Be stable; B) Provide protection against flooding and resultant damage to life and property; C) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to stream flow outside the permit area. Appropriate sediment control measures for diversions may include, but not be limited to, maintenance of appropriate gradients, channel lining, revegetation, roughness structures, and detention basins; and D) Comply with the Rivers, Lakes, and Streams Act (Ill. Rev. Stat. 1991, ch. 19, pars. 52-79) (615 ILCS 5), Section 404 of the Federal Water Pollution Control Act of 1972, as amended (30 U.S.C. 1344), and all local ordinances. 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. When permanent diversions are constructed or stream channels restored prior to the removal of temporary diversions the permittee shall: A) Establish, restore, enhance where practicable, or maintain natural riparian vegetation on the banks of the stream, including any area that is subject to annual inundation; B) Establish, or restore the stream to its natural meandering shape and to an environmentally acceptable gradient, as determined by the Department; and C) Establish or restore the stream to a longitudinal profile and cross-section, including aquatic habitats (usually a pattern of riffles, pools, and drops rather than uniform depth) that approximate premining stream channel characteristics. 4) Diversion design shall incorporate the following: A) Channel lining shall be designed using standard engineering practices to pass safely the design velocities. Riprap shall consist of non-degradable, non-acid or toxic-forming rock such as sandstone, limestone, or other durable rock that will not slake in water and will be free of coal, clay or shale; B) Freeboard shall be no less than 0.3 feet, except as provided for in subsection (a)(5). Protection shall be provided for transition of flows and for critical areas such as swales and curves. Where the area protected is a critical area, as determined by the Department, the design freeboard may be increased; C) Energy dissipaters shall be installed, when necessary, at discharge points where diversions intersect with natural streams and exit velocity of the diversion ditch flow is greater than that of the receiving stream; D) Excess excavated material not necessary for diversion channel geometry or regrading of the channel shall be disposed of in accordance with Sections 1816.71 through 1816.74; and E) Topsoil shall be handled in compliance with Section 1816.22. 5) If the terrain is such that out-of-bank flows can accommodate the design precipitation event without endangering health or the environment as a result of flooding, such as physical harm or slope failure, the need for diversion ditches may be modified by taking into account channels, banks, and flood plains. b) Diversions of perennial and intermittent streams. 1) Diversions of perennial and intermittent streams within the permit area are subject to Department approval pursuant to Section 1816.57(a). 2) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion. 3) The requirements of subsection (a)(2)(B) shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank, and floodplain configuration is adequate to pass safely the peak runoff of a ten (10) year, six (6) hour precipitation event for a temporary diversion and a one hundred (100) year, six (6) hour precipitation event for a permanent diversion. 4) The longitudinal profile of the stream, the channel, and the floodplain shall be designed and constructed to remain stable. Erosion control structures such as channel lining structures, retention basins, and artificial channel roughness structures shall be used in diversions only when approved by the Department as being necessary to control erosion. 5) The design and construction of all stream channel diversions of perennial and intermittent streams shall be sealed by a qualified registered professional engineer as meeting the performance standards of this Part. c) Diversion of miscellaneous flows. 1) Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the Department to lessen environmental impact. Miscellaneous flows shall include ground water discharges and ephemeral streams. 2) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in subsection (a). 3) The requirements of subsection (a)(2)(B) shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank, and flood-plain configuration is adequate to pass safely the peak runoff of a two (2) year, six (6) hour precipitation event for a temporary diversion and a ten (10) year, six (6) hour precipitation event for a permanent diversion. (Source: Amended at 17 Ill. Reg. 11031, effective July 1, 1993) 62 Ill. Adm. Code Sec. 1816.44 HYDROLOGIC BALANCE: STREAM CHANNEL DIVERSIONS (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.45 HYDROLOGIC BALANCE: SEDIMENT CONTROL MEASURES {{ 30 CFR 816.45 }} a) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to: 1) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area; 2) Meet the more stringent of applicable State or Federal effluent limitations; and 3) Minimize erosion to the extent possible. b) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to: 1) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling, grading, and prompt revegetation as required in Section 1816.111(b); 2) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of Section 1816.101; 3) Retaining sediment within disturbed areas; 4) Diverting runoff away from disturbed areas; 5) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion; 6) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and 7) Treating with chemicals. 62 Ill. Adm. Code Sec. 1816.46 HYDROLOGIC BALANCE: SILTATION STRUCTURES {{ 30 CFR 816.46 }} a) Definitions. For the purpose of this Section only: 1) Siltation structure means a sedimentation pond, a series of sedimentation ponds, or other treatment facility. 2) Disturbed area shall not include those areas: A) In which the only surface mining activities include diversion ditches, siltation structures, or roads that are designed, constructed, and maintained in accordance with this Part; and B) For which the upstream area is not otherwise disturbed by the permittee. 3) Other treatment facilities means any chemical treatments, such as flocculation, or mechanical structures, such as clarifiers, that have a point-source discharge and that are utilized to prevent additional contributions of suspended solids to stream flow or runoff outside the permit area, or to comply with all applicable State and federal water quality laws and regulations. b) General Requirements 1) Additional contributions of suspended solids sediment to stream flow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available. 2) All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in subsection (b)(5) or (e). 3) Siltation structures for an area shall be constructed before beginning any surface mining activities in that area and, upon construction, shall be sealed by a qualified registered professional engineer to be constructed as designed and as approved in the reclamation plan. 4) Any siltation structure which impounds water shall be designed, constructed, and maintained in accordance with Section 1816.49. 5) Siltation structures shall be maintained until removal is authorized by the Department and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than two years after the last augmented seeding. 6) When a siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and Sections 1816.111 through 1816.117. Sedimentation ponds approved by the Department for retention as permanent impoundments shall be exempted from this requirement. 7) The Department encourages the retention of sedimentation ponds which will receive drainage from agricultural areas in the post-mining land use plan. c) Sedimentation ponds. 1) When used, sedimentation ponds shall: A) Be used individually or in series; B) Be located as near as possible to the disturbed area and out of perennial streams unless approved by the Department in accordance with Section 1816.57; and C) Be designed, constructed, and maintained to: i) Provide adequate sediment storage volume; ii) Provide adequate detention time to allow the effluent from the ponds to meet effluent limitations specified in Section 1816.42; iii) Contain or treat the ten year, 24 hour precipitation event ("design event") unless a lesser design event is approved by the Department based on terrain, climate, other site specific conditions, and on a demonstration by the permittee that the effluent limitations of Section 1816.42 will be met; iv) Provide a nonclogging dewatering device adequate to maintain the detention time required under subsection (c)(1)(C)(ii); v) Minimize, to the extent possible, short circuiting; vi) Provide periodic sediment removal sufficient to maintain adequate volume for the design event; vii) Ensure against excessive settlement; viii) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal processing waste; and ix) Be compacted properly. 2) Spillways. A sedimentation pond shall include either a combination of principal and emergency spillways or a single spillway configured as specified in Section 1816.49(a)(9) of this Part. d) Other treatment facilities. 1) Other treatment facilities shall be designed to treat the ten year, 24 hour precipitation event unless a lesser design event is approved by the Department based on terrain, climate, other site specific conditions, and a demonstration by the permittee that the effluent limitations of Section 1816.42 will be met. 2) Other treatment facilities shall be designed in accordance with the applicable requirements of subsection ( c). e) Exemptions. Exemptions to the requirements to pass all drainage from disturbed areas through a siltation structure may be granted if the disturbed drainage area within the total disturbed area is small; and 1) Alternate sediment control measures as described in Section 1816.45(b) are used in lieu of a siltation structure, and the permittee demonstrates that siltation structures are not necessary for drainage from the disturbed area to meet the effluent limitations and water quality standards for the receiving waters set forth in Section 1816.42; or 2) The permittee demonstrates that siltation structures and alternate sediment control measures are not necessary for drainage from the disturbed area to meet the effluent limitations and water quality standards for the receiving waters set forth in Section 1816.42. (Source: Amended at 24 Ill. Reg. 5967, effective March 21, 2000) 62 Ill. Adm. Code Sec. 1816.47 HYDROLOGIC BALANCE: DISCHARGE OF STRUCTURES {{ 30 CFR 816.47 }} Discharge from sedimentation ponds, permanent and temporary impoundments, coal processing waste dams and embankments, and diversions shall be controlled, by energy dissipaters, riprap channels, and other devices where necessary to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering-design procedures. 62 Ill. Adm. Code Sec. 1816.48 HYDROLOGIC BALANCE: ACID-FORMING AND TOXIC-FORMING SPOIL (Repealed) (Source: Repealed 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.49 IMPOUNDMENTS {{ 30 CFR 816.49 }} a) The requirements of this subsection apply to both temporary and permanent impoundments. 1) Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, October 1985), "Earth Dams and Reservoirs," shall comply with "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60 and the requirements of this Section. 2) Impoundments meeting the size and other qualifying criteria of 30 CFR 77.216(a) shall comply with the requirements of 30 CFR 77.216 (1998) and this Section. 30 CFR 77.216 does not include any later editions or amendments. The plan required to be submitted to the District Manager of the Mine Safety and Health Administration (MSHA) under 30 CFR 77.216 shall also be submitted to the Department as part of the permit application insofar as the MSHA informational design standard requirements are duplicative of the requirements of 62 Ill. Adm. Code 1780. In addition, the permittee shall submit to the Department any certification issued by MSHA with respect to the design plan. 3) The design of impoundments shall be sealed in accordance with 62 Ill. Adm. Code 1780.25(a) as designed to meet the requirements of this Part using current, prudent engineering practices. The qualified registered professional engineer shall be experienced in the design and construction of impoundments. 4) Stability. A) An impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2. B) Impoundments not included in subsection (a)(4)(A), except for a coal mine waste impounding structure, and located where failure would not be expected to cause loss of life or serious property damage shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions, or meet the design, construction and maintenance requirements of U.S. Natural Resources Conservation Service Practice Standard IL 378, "Ponds," June 1992. Practice Standard 378 is hereby incorporated by reference and does not include later editions or amendments. 5) Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the SCS Class B or C criteria for dams in TR-60 shall comply with the freeboard hydrology criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60. 6) Foundations. A) Foundations and abutments for an impounding structure shall be stable during all phases of construction and operation and shall be designed based on adequate and accurate information on the foundation conditions. For an impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), foundation investigation, as well as any necessary laboratory testing of foundation material, shall be performed to determine the design requirements for foundation stability. B) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability. 7) Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown. 8) Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices. 9) Impoundments shall include a combination of principal and emergency spillways which shall be designed and constructed to safely pass the design precipitation event specified in subsection (b) or ( c). 10) Inspections. A qualified registered professional engineer or other qualified professional specialist, under the direction of the professional engineer, shall inspect the impoundment. The professional engineer or specialist shall be experienced in the construction of impoundments, as evidenced by the placement of a registered professional engineer's seal on the inspection report. A) Impoundments meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), shall be inspected, examined and certified in accordance with 30 CFR 77.216. Annual status reports required under 30 CFR 77.216-4 shall be submitted to the Department within 30 days after the reporting period. B) All other impoundments shall be inspected at least quarterly during construction, provided at least one inspection is conducted for impoundments completed in less than one quarter, and upon completion of construction. The qualified registered professional engineer shall submit to the Department within 30 days after each inspection, a sealed report that the impoundment has been constructed as designed and in accordance with the approved plan and these regulations. C) A copy of the reports required in subsections (a)(10)(A) and (B), and the examination reports required in subsection (a)(11), shall be retained at or near the mine site. The Department may approve reports being retained at a different location if there is no permanent mine office. 11) Impoundments which do not meet the SCS Class B or C criteria for dams in TR-60, or subject to 30 CFR 77.216, shall be examined at least quarterly by a qualified person designated by the permittee for appearances of instability, structural weakness or other hazardous conditions. At least one of the quarterly examinations conducted during the calendar year shall be sealed by a qualified registered professional engineer and shall include a discussion of any appearances of instability, structural weakness or other hazardous conditions, and any other aspects of the structure affecting stability, and a statement indicating the pond has been maintained in accordance with the approved plan and these regulations. This examination shall be conducted during the period of October 1 through December 31 of each calendar year. The sealed examination report shall be submitted to the Department within 30 days after the examination. Impoundment examinations shall be conducted until the impoundment has been removed or until final bond release in accordance with 62 Ill. Adm. Code 1800.40. If the permittee can demonstrate that failure of the structure would not create a potential threat to public health and safety or threaten significant environmental harm, the following impoundments shall be exempt from all examination requirements of this subsection, following approval by the Department: A) Impoundments that are completely incised; B) Water impounding structures that impound water to a design elevation no more than five feet above the upstream toe of the structure and that can have a storage volume of not more than 20 acre-feet; provided the exemption request is accompanied by a report sealed by a registered professional engineer licensed in the State of Illinois, accurately describing the hazard potential of the structure. Hazard potential must be such that failure of the structure would not create a potential threat to public health and safety or threaten significant environmental harm. The report shall be field verified by the Department prior to approval and periodically thereafter. The Department may terminate the exemption if so warranted by changes in the area downstream of the structure or in the structure itself; and C) Impoundments that do not facilitate mining or reclamation including, but not limited to, sewage lagoons, landscaping ponds, pools or wetlands in replaced stream channels, existing impoundments not yet used to facilitate mining, ephemeral waterbodies, active mining pits and differential settlement pools. 12) If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the Department of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the Department shall be notified immediately. The Department shall then notify the appropriate agencies that other emergency procedures are required to protect the public. b) Permanent impoundments. A permanent impoundment of water may be created, if authorized by the Department in the approved permit, based upon the following demonstration: 1) The size and configuration of the impoundment is adequate for its intended purposes. 2) The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet water quality standards set forth in Section 1816.42, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below water quality standards set forth in Section 1816.42. 3) The water level will be sufficiently stable and be capable of supporting the intended use. 4) Final grading will provide for adequate safety and access for proposed water users. 5) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses. 6) The impoundment will be suitable for the approved post-mining land use. 7) The impoundment perimeter slopes shall be consistent with the intended use of the impoundment, not be steeper than the angle of repose and comply with subsection (a)(4). Where surface runoff enters the impoundment area, the side slope shall be protected against erosion. A) Runoff from above the slope shall be diverted to erosion free outlets. B) Grading of slopes shall be scheduled to be completed at the onset of the most favorable seeding period. 8) Embankment ponds, those having embankment heights of three feet or greater above natural ground elevation, shall have outslopes of 1v:2h or less and interior slopes to the normal pool elevation of 1v:2h or less. 9) Permanent impoundments A) Permanent impoundments not meeting the Class B or C criteria for dams in TR-60, or the size or other qualifying criteria of 30 CFR 77.216(a), shall be provided with a spillway that will safely discharge a 25 year, six hour precipitation event, or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type. B) Permanent impoundments meeting the size or other criteria of 30 CFR 77.216(a) shall be provided with a spillway that will safely discharge a 100 year, six hour precipitation event, or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type. C) Permanent impoundments meeting the Class B or C criteria for dams in TR-60 shall be provided with a spillway that meets the criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60, or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type. 10) In lieu of the combination principal and emergency spillway requirements of Section 1816.49(a)(9), an impoundment may have a single spillway configured as set forth in subsections (b)(10)(A) and (b)(10)(B) that is designed and constructed to safely pass the applicable design precipitation specified in subsection (b)(9). The Department shall approve a single open-channel spillway that is: A) Of nonerodible construction and designed to carry sustained flows; or B) Earth or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected. c) Temporary impoundments. 1) Temporary impoundments not meeting the Class B or C criteria for dams in TR-60, or the size or other qualifying criteria of 30 CFR 77.216(a), shall be provided with a spillway that will safely discharge a 25 year, six hour precipitation event or such larger event as may be required by the Department based on factors such as terrain, topography and soil type. Temporary impoundments meeting the size or other criteria of 30 CFR 77.216(a) shall be provided with a spillway that will safely discharge a 100 year, six hour precipitation event, or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type. Temporary impoundments meeting the Class B or C criteria for dams in TR-60 shall be provided with a spillway that meets the criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60 or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type. 2) In lieu of the combination principal and emergency spillway requirements of Section 1816.49(a)(9), an impoundment may have either: A) A single spillway configured as set forth in subsection (c)(2)(A)(i) or (c)(2)(A)(ii) that is designed and constructed to safely pass the applicable design precipitation specified in subsection (c)(1). The Department shall approve a single open-channel spillway that is: i) Of nonerodible construction and designed to carry sustained flows; or ii) Earth or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected; or B) Sufficient spillway capacity to safely pass, adequate storage capacity to safely contain, or a combination of storage capacity and spillway capacity to safely control the design precipitation event when it is demonstrated by the permittee and certified by a qualified registered professional engineer in accordance with 62 Ill. Adm. Code 1780.25(a) that the impoundment will safely control the design precipitation event, the water from which shall be safely removed in accordance with current prudent engineering practices. Impounding structures relying on this method to control runoff shall be located where failure would not be expected to cause loss of life or serious property damage, except where: i) In the case of an impoundment meeting the SCS Class B or C criteria for dams in TR- 60, or the size or other criteria of 30 CFR 77.216(a), it is designed to control the precipitation of the probably maximum precipitation of a 6-hour event, or greater event as specified by the Department. ii) In the case of an impoundment not included in subsection (c)(2)(B)(i), it is designed to control the precipitation of a 100-year 6-hour event, or greater event as specified by the Department. (Source: Amended at 24 Ill. Reg. 5967, effective March 21, 2000) 62 Ill. Adm. Code Sec. 1816.50 HYDROLOGIC BALANCE: GROUND WATER PROTECTION (Repealed) 62 Ill. Adm. Code Sec. 1816.51 HYDROLOGIC BALANCE: PROTECTION OF GROUND WATER RECHARGE CAPACITY (Repealed) 62 Ill. Adm. Code Sec. 1816.52 HYDROLOGIC BALANCE: SURFACE AND GROUND WATER MONITORING (Repealed) 62 Ill. Adm. Code Sec. 1816.53 HYDROLOGIC BALANCE: TRANSFER OF WELLS (Repealed) 62 Ill. Adm. Code Sec. 1816.54 HYDROLOGIC BALANCE: WATER RIGHTS AND REPLACEMENT (Repealed) 62 Ill. Adm. Code Sec. 1816.55 HYDROLOGIC BALANCE: DISCHARGE OF WATER INTO AN UNDERGROUND MINE (Repealed) 62 Ill. Adm. Code Sec. 1816.56 POST-MINING REHABILITATION OF SEDIMENTATION PONDS, DIVERSIONS, IMPOUNDMENTS, AND TREATMENT FACILITIES {{ 30 CFR 816.56 }} Before abandoning a permit area or seeking bond release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of these regulations for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structures if necessary to meet the requirements of these regulations and to conform to the approved reclamation plan. (Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.57 HYDROLOGIC BALANCE: STREAM BUFFER ZONES {{ 30 CFR 816.57 }} a) No land within one hundred (100) feet of the top of the bank of the normal channel of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, except in accordance with Section 1816.43, unless the Department specifically authorizes surface mining activities close to or through such a stream upon finding: 1) That the original stream channel and its associated riparian vegetation will be restored; and surface mining activities will not cause or contribute to a violation of Section 1816.42 and will not adversely affect the water quantity and quality or other environmental resources of the stream; 2) If there will be a temporary or permanent stream channel diversion, it will comply with Section 1816.43. b) The area not to be disturbed shall be designated a buffer zone and marked as specified in Section 1816.11. (Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.59 COAL RECOVERY {{ 30 CFR 816.59 }} Surface mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining operations is minimized. 62 Ill. Adm. Code Sec. 1816.61 USE OF EXPLOSIVES: GENERAL REQUIREMENTS {{ 30 CFR 816.61 }} a) Each person who conducts surface mining activities shall comply with all applicable State and Federal laws in the use of explosives. b) All blasting operations shall be conducted by persons certified by the Department in accordance with 62 Ill. Adm. Code 1850. c) Blast design. 1) An anticipated blast design shall be submitted if blasting operations will be conducted within: A) One thousand (1,000) feet of any building used as a dwelling, public building, school, church, or community or institutional building outside the permit area; or B) Five hundred (500) feet of an active or abandoned underground mine. 2) The blast design may be presented as part of the permit application or at a time, before the blast, approved by the Department. 3) The blast design shall contain sketches of the drill patterns, delay periods, and decking and shall indicate the type and amount of explosives to be used, critical dimensions, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable air blast, flyrock, and ground vibration standards in Section 1816.67. 4) The blast design shall be prepared and signed by a certified blaster. (Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.62 USE OF EXPLOSIVES: PRE-BLASTING SURVEY {{ 30 CFR 816.62 }} a) At least thirty (30) days before initiation of blasting in a permit area, the operator shall notify, in writing, all residents or owners of structures located within one-half («) mile of the permit area how to request a pre-blast or condition survey. b) Upon written request to the Department and the person who conducts the surface mining activities by a resident or owner of a dwelling or structure that is located within one-half («) mile of any portion of the permitted area, or by the owner of a dwelling or structure at a distance greater than one-half («) mile from the permit area but within one (1) mile of the blasting area and within an area determined by the Department to be appropriate in a particular situation on the basis of complaints or other information received by the Department, the person who conducts the surface mining activities shall promptly conduct a pre-blasting survey or a condition survey of the dwelling or structure. For any structure where, in accordance with this Section, a survey has been requested by a previous resident or previous owner and the survey has been conducted by the permittee and copies of the survey report have been provided to the previous owner or resident and the Department, the permittee shall only be required to provide a copy of the previously completed survey report to any new or subsequent owner upon written request by the new or subsequent owner. If a structure is renovated, modified, or added to, subsequent to a pre-blast survey or a condition survey, then upon request to the Department a survey of such additions, modifications and renovations shall be performed in accordance with this Section. c) The survey shall determine the condition of the dwelling or structure and document any pre-blasting or existing damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, cisterns, wells and other water systems warrant special attention such as the review of construction, drilling or completion specifications; however, the assessment of these structures may be limited to surface conditions. d) Any surveys requested more than ten (10) calendar days prior to the published scheduled beginning of blasting shall be completed by the operator before the start of blasting. If the request is made after the start of blasting the person who conducts the surface mining activity shall conduct a condition survey of the dwelling or structure. A condition survey shall contain information identical to a pre-blasting survey. The intent of this Section is to provide for either a pre-blasting or condition survey only. e) A written report of the survey shall be prepared and signed by the person who conducted the survey. The report may include recommendations of any special conditions or proposed adjustments to the blasting procedure which should be incorporated into the blasting plan to prevent damage. Copies of the report shall be provided to the person requesting the survey and to the Department within thirty (30) days of the date the survey was completed. If the person requesting the survey disagrees with the results of the survey, he or she may notify, in writing, both the permittee and the Department of the specific areas of disagreement. Instructions as to whom and to where the written comments on the results of the survey should be forwarded shall be included with the survey report. (Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.64 USE OF EXPLOSIVES: PUBLIC NOTICE OF BLASTING SCHEDULE {{ 30 CFR 816.64 }} a) All blasting shall be conducted from sunrise to sunset, and at times announced in the blasting schedule. The Department shall limit the area covered, timing and sequence of blasting, as listed in the schedule, if such limitations are necessary and reasonable in order to protect public health, safety or welfare. b) Unscheduled blasting may be conducted only where public or operator health and safety so require. When an operator conducts an unscheduled blast, the operator, using audible warning signals, shall notify residents within one-half mile of the blasting site and document the reason(s) for the unscheduled blast in accordance with Section 1816.68(a)(17). Unscheduled blasting does not include nighttime blasting, which is prohibited at all times. c) Blasting schedule publication. 1) Each person who conducts surface mining activities shall publish a blasting schedule at least ten days, but not more than 30 days, before beginning a blasting program in which blasts that use more than five (5) pounds of explosive or blasting agent are detonated. The blasting schedule shall be published in a newspaper of general circulation in the locality of the blasting site. 2) Copies of the schedule shall be distributed by mail to local governments and public utilities and mailed or delivered to each residence within one-half mile of the proposed blasting area and to every other person within or outside such area to whom the Department requires to be mailed, and daily notices shall be provided to such persons prior to any blasting. 3) The person who conducts the surface mining activities shall republish and redistribute the schedule by mail at least every 12 months and revise and republish the schedule at least ten days but not more than 30 days before blasting in areas not covered in the current schedule or if the actual blasting times differ from the time periods listed in the current schedule for more than 20% of the blasts fired. d) The blasting schedule shall contain at a minimum: 1) Identification of the specific areas in which blasting will take place; 2) Dates and time periods when explosives are to be detonated; 3) Methods to be used to control access to the blasting area; 4) Types of audible warnings and all-clear signals to be used before and after blasting, and 5) Name, address, and telephone number of operator. e) Public notice of changes in blasting schedules. Before blasting in areas or at times not in a previous schedule, the person who conducts the surface mining activities shall prepare a revised schedule according to the procedures in subsections ( c) and (d). (Source: Amended at 22 Ill. Reg. 20228, effective November 5, 1998) 62 Ill. Adm. Code Sec. 1816.65 USE OF EXPLOSIVES: SURFACE BLASTING REQUIREMENTS (Repealed) 62 Ill. Adm. Code Sec. 1816.66 USE OF EXPLOSIVES: BLASTING SIGNS, WARNINGS, AND ACCESS CONTROL {{ 30 CFR 816.66 }} a) Blasting signs shall meet the specifications of Section 1816.11. The operator shall: 1) Conspicuously display signs reading "Blasting Area" along the edge of any blasting area that comes within 100 feet of any public road right-of-way, and at the point where any other road provides access to the blasting area; and 2) At all entrances to the permit area from public roads or highways, place conspicuous signs which state "Warning! Explosives in Use" and which clearly list and describe the meaning of the audible blast warning and all- clear signals that are in use, and which explain the marking of blasting areas and charged holes awaiting firing within the permit area. b) Warning and all-clear signals of different character or pattern that are audible within one-half mile of the blast shall be given. Each person within the permit area and each person who resides or regularly works within one-half mile of the permit area shall be notified of the meaning of the signals in the blasting schedule. The requirement to supply daily notice may be fulfilled by the audible warning signals. c) Access to the blasting area shall be controlled to prevent the presence of livestock or unauthorized personnel during blasting and until an authorized representative of the person who conducts the surface mining activities has reasonably determined: 1) That no unusual circumstances, such as imminent slides or undetonated charges, exist; and 2) That access to and travel in or through the area can be safely resumed. d) Proximity to buildings and other facilities 1) Blasting shall not be conducted within 300 feet of any building used as a dwelling unless waived by the owner or within 300 feet of a school, church, hospital, or nursing facility. 2) Blasting shall not be conducted within 100 feet of facilities including, but not limited to, disposal wells, petroleum or gas storage facilities, municipal water storage facilities, fluid-transmission pipelines, or water and sewage lines unless a waiver is obtained from the owner of the facility and submitted to the Department prior to blasting within 100 feet. (Source: Amended at 22 Ill. Reg. 20228, effective November 5, 1998) 62 Ill. Adm. Code Sec. 1816.67 USE OF EXPLOSIVES: CONTROL OF ADVERSE EFFECTS {{ 30 CFR 816.67 }} a) Blasting shall be conducted to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel or availability of ground or surface water outside the permit area. b) Air blast limits 1) Air blast shall be controlled so that it does not exceed the values specified below at any dwelling, public building, school, church, or commercial or institutional structure, unless such structure is owned by the person who conducts the surface mining activities and is not leased to any other person. If a building owned by the person conducting surface mining activities is leased to another person, the lessee may sign a waiver relieving the operator from meeting the air blast limitations of this subsection. The waiver shall be submitted to the Department before beginning blasting. Lower frequency limit of Maximum measuring system, Hz +3dB level in dB 0.1 Hz or lower--flat response* 134 peak 2.0 Hz or lower--flat response 133 peak 6.0 Hz or lower--flat response 129 peak *Only when approved by the Department 2) The measuring systems used shall have a flat frequency response of at least 200 Hz at the upper end. 3) The person who conducts blasting may satisfy the provisions of subsection (b) by meeting any of the three specifications in the chart in subsection (b)(1). 4) If necessary to prevent damages specified in subsection (a), the Department shall specify lower maximum allowable air blast levels than those in subsection (b)(1) for use in the vicinity of a specific blasting operation. c) Air blast monitoring 1) When the cube root scaled distance, as defined in subsection (c)(2), to the nearest dwelling, public building, school, church, or commercial or institutional structure has a value less than 350 and when the burden to hole depth ratio is greater than 1.0, or the top stemming height is less than 70% of the burden dimension, the air blast produced by that blast shall be measured, recorded, analyzed, and reported pursuant to subsection (g) of this Section and Section 1816.68(b). This subsection shall not apply to horizontal blast holes drilled from the floor of the pit. 2) Cube root scaled distance equals the distance, in feet, from the blast to a specified location divided by the cube root of the maximum weight of explosives, in pounds, to be detonated in any eight millisecond period. 3) To ensure compliance with the limits contained in this Section, the Department may require an air blast measurement of any or all blasts, and may specify the location of such measurements. d) Flyrock, including blasted material traveling in the air, or along the ground, shall not be cast beyond the permit boundaries or beyond the area of regulated access required under Section 1816.66(c), or more than one-half the distance to the nearest dwelling or other occupied structure. e) Ground vibration limits 1) In all blasting operations, except as otherwise authorized in this Section, the maximum peak particle velocity shall not exceed one inch per second at the location of any dwelling, public building, school, church, or commercial or institutional building. At distances greater than 5,000 feet from the blast to any structures described in this subsection, the maximum allowable peak particle velocity shall not exceed 0.75 inch per second at the locations of the structures described in this subsection. At distances less than 300 feet from the blast to any structures described in this subsection, the maximum allowable peak particle velocity shall not exceed 1.25 inch per second at the locations of the structures described in this subsection. These limits shall apply separately to each component of motion as defined in subsection (g). The Department shall reduce peak particle velocity limits if determined necessary to provide damage protection, if so recommended in any pre-blast survey or condition survey report provided pursuant to Section 1816.62. 2) Blasting shall be conducted to prevent adverse impacts on any underground mine and changes in the course, channel, or availability of ground or surface water outside the permit area. Ground vibration limits, including the maximum peak particle velocity limitation of subsection (e)(1), shall not apply at the following locations: A) At structures owned by the person conducting the mining activity, and not leased to another party; and B) At structures owned by the person conducting the mining activity, and leased to another party, if a written waiver by the lessee is submitted to the Department prior to blasting. f) Ground vibration monitoring. 1) When the scaled distance, as defined below, has a value less than 65 at the nearest dwelling, public building, school, church, or commercial or institutional structure, a seismograph recording shall be made at or near the closest structure requiring protection. 2) Scaled Distance = The distance, in feet, from the blast to a specified location divided by the square root of the maximum weight of explosives, in pounds, to be detonated in any eight (8) millisecond period. 3) To ensure compliance with the limits contained in this Section, the Department may require a seismograph recording of any or all blasts and may specify the location at which such recordings are made. g) As used herein, seismograph recording or record or air blast recording or record shall mean: A visually inspectable cartesian representation of the time history of the particle velocity levels or air blast levels versus time. Time is represented on the "X" axis. The particle velocity is shown by three traces representing mutually perpendicular components of motion. The components are oriented vertically, transversely, and longitudinally to the horizontal direction from the recording location to the location of the blast. The air blast time history is represented by a single trace. The record or recording includes either an analog representation of, or a written description of the vertical scale for the particle velocity traces and the air blast trace. The units for the particle velocity traces and scale are in inches per second. The units for the air blast trace and scale are millibars, pounds per square inch, or decibels. The recording also includes an analog of descriptive time scale. The time units are in seconds. (Source: Amended at 22 Ill. Reg. 20228, effective November 5, 1998) 62 Ill. Adm. Code Sec. 1816.68 USE OF EXPLOSIVES: RECORDS OF BLASTING OPERATIONS {{ 30 CFR 816.68 }} a) A record of each blast, including seismograph reports, shall be retained by the operator for at least three (3) years and shall be available for inspection by the Department and the public on request. The record is to be completed by the end of the work day following the day in which the blast occurred, including the seismograph meter reading, if available, and shall contain the following data: 1) Name of the operator conducting the blast; 2) Location, date, and time of blast; 3) Name, signature, and certification number of the blaster conducting the blast; 4) The name of the owner or resident of, and the direction and distance, in feet, to the nearest dwelling, school, church, or commercial, or institutional building either: A) Not located in the permit area; or B) Not owned by the person who conducts the surface mining activities. 5) Type of material blasted; 6) Number of holes, burden, and spacing; 7) Diameter and depth of holes; 8) Types of explosives used; 9) Total weight of explosives used; 10) Weight of explosives used per hole; 11) Maximum weight of explosives detonated within any eight (8) millisecond period; 12) Maximum number of holes or decks detonated within any eight (8) millisecond period; 13) Initiation system; 14) Type and length of stemming; 15) Type of delay detonator and delay periods used; 16) Sketch of the delay pattern, including decking; 17) Reasons and conditions for each unscheduled blast; 18) Wind velocity and direction; and 19) Weather conditions, including those which may cause possible adverse blasting effects. b) Air blast and/or ground vibration recordings, or photographic copies thereof, where required, shall be kept at the mine site office for a period of three (3) years following the date of the blast, and shall be available for inspection by the Department and the public on request. The recordings shall include the following: 1) Maximum air blast and/or ground vibration levels recorded; 2) The exact location of the monitoring equipment, and its distance from the blast, and the date and time of the recording; 3) Name of the person and firm making the recording; 4) Name of the person and firm analyzing the recording. The recording shall be signed and dated by the person performing the analysis; and 5) The type of instrument, sensitivity, and calibration signal or certification of annual calibration. When the recordings required at Sections 1816.67( c) nd 1816.67(g) are produced via digitized systems, the sampling rate of the digitizer, in samples per second, shall be stated. (Source: Amended at 15 Ill. Reg. 17166, effective January 1, 1992) 62 Ill. Adm. Code Sec. 1816.71 DISPOSAL OF EXCESS SPOIL: GENERAL REQUIREMENTS {{ 30 CFR 816.71 }} a) Excess spoil shall be placed in designated disposal areas within a permit area, in a controlled manner to: 1) Minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters; 2) Ensure mass stability and prevent mass movement during and after construction; and 3) Ensure that the final fill is suitable for reclamation and revegetation compatible with the natural surroundings and the approved post-mining land use. b) Design certification. 1) The fill and appurtenant structures shall be designed using current, prudent engineering practices. A qualified registered professional engineer experienced in the design of earth and rock fills shall seal the design of the fill and appurtenant structures. 2) The fill shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments of the fill must be stable under all conditions of construction. c) All vegetative and organic materials shall be removed from the disposal area prior to placement of the excess spoil. Topsoil shall be removed, segregated, and stored or replaced in accordance with Section 1816.22. If approved by the Department, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil. d) Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped, or otherwise protected from erosion, shall be vegetated upon completion of construction. e) The disposal areas shall be located on the most moderately sloping and naturally stable areas available as approved by the Department. Fill materials suitable for disposal shall be placed upon or above a natural terrace, bench or berm if such placement provides additional stability and prevents mass movement. f) Excess spoil shall be transported and placed in a controlled manner in horizontal lifts not exceeding four (4) feet in thickness, concurrently compacted as necessary to ensure mass stability and prevent mass movement during and after construction; graded so that surface and subsurface drainage is compatible with the natural surroundings; and covered with topsoil or substitute material in accordance with Section 1816.22. The Department may approve a design which incorporates placement of excess spoil in horizontal lifts other than four (4) feet in thickness when it is demonstrated by the operator and sealed by a qualified registered professional engineer that the design will ensure the stability of the fill and will meet all other requirements of this Section. g) The final configuration of the fill must be suitable for the approved post-mining land use. In addition: 1) No permanent impoundments are allowed on the completed fill. Small depressions shall be allowed by the Department if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with the stability of the fill, as set forth in Sections 1816.41(a), 1816.97(a) and 1816.111; 2) Box cut spoils shall blend with undisturbed land with a maximum outslope steepness of twenty-five (25) percent (4h:lv); 3) Other direct cast spoil placed onto unmined land shall be graded so as to reduce the slope to the maximum extent by grading toward and over the mined area, and blending with the unmined land with an outslope that does not exceed fifteen (15) percent; and 4) Drainage from the interior portion of the spoil shall not be directed over the outside slope of the box cut spoil unless an erosion control system is designated to accommodate the runoff from the interior area. h) Terraces may be constructed on the outslope of the fill if required for stability, control of erosion, to conserve soil moisture, or to facilitate the approved post-mining land use, as set forth in Sections 1816.41(a) and 1816.111(a). The grade of the outslope between terrace benches shall not be steeper than 2h:1v (fifty (50) percent). Terrace(s) are required where the vertical height of the excess spoil exceeds forty (40) feet. i) Where the slope in the disposal area exceeds lv:2.8h (thirty-six (36) percent), or such lesser slope designated by the Department based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe buttresses shall be constructed to stabilize the fill. Where the toe of the spoil rests on a downslope, stability analyses shall be performed in accordance with 62 Ill. Adm. Code 1780.35( c) to determine the size of rock toe buttresses and keyway cuts. j) A qualified registered professional engineer or other qualified professional specialist under the direction of a registered professional engineer, experienced in the construction of earth and rockfill embankments, shall periodically inspect the fill during construction. Such inspections shall be made at least quarterly throughout construction and during the critical construction periods. Critical construction periods shall include at a minimum: 1) A) Foundation preparation, including the removal of all organic material and topsoil; B) Placement of underdrain and protective filter systems; C) Installation of final surface drainage systems; and D) The final graded and revegetated fill. E) Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of fill materials. 2) The qualified registered professional engineer shall provide to the Department a sealed report within two (2) weeks after each inspection that the fill has been constructed and maintained as designed and in accordance with the approved plan and 62 Ill. Adm. Code 1700 through 1850. The report shall include appearances of instability, structural weakness and other hazardous conditions. 3) The sealed report on the drainage system and protective filters shall include color photographs of the structure taken during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is constructed in phases, each phase shall be sealed separately. 4) Where excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, in accordance with Section 1816.74, color photographs shall be taken of the underdrain as the underdrain system is being formed. 5) The photographs accompanying each sealed report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site. 6) A copy of each inspection report shall be retained at or near the mine site. k) Coal processing wastes shall not be disposed of in head-of-hollow or valley fills, and may only be disposed of in other excess spoil fills, if such waste is: 1) Placed in accordance with Section 1816.83; 2) Demonstrated to be nontoxic- and nonacid-forming; and 3) Demonstrated to be consistent with the design stability of the fill. l) Drainage control. If the disposal area contains springs, natural or manmade watercourses, or wet-weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability. 1) Diversions shall comply with the requirements of Section 1816.43. 2) Underdrains shall consist of durable rock or pipe, 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 away from seeps and springs in the foundation of the disposal area 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. m) The foundation and abutments of the fill shall be stable under all conditions of construction and operation. Sufficient foundation investigation, as well as any necessary laboratory testing of foundation materials, shall be performed in order to determine the design requirements for stability of the foundation. Analyses of foundation conditions shall include the effect of underground mine workings, if any, upon the stability of the fill and appurtenant structures. n) Excess spoil may be returned to underground mine workings, but only in accordance with a disposal program approved by the Department and MSHA under 62 Ill. Adm. Code 1784.25. o) Excess spoil that is acid- or toxic-forming or combustible shall be adequately covered with nonacid, nontoxic and noncombustible material, or treated, to control the impact on surface and ground water in accordance with Section 1816.41, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved post-mining land use as set forth in Section 1816.111(a). (Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.72 DISPOSAL OF EXCESS SPOIL: VALLEY FILLS/HEAD-OF-HOLLOW FILLS {{ 30 CFR 816.72 }} Valley fills and head-of-hollow-fills shall meet all of the requirements of Section 1816.71 and the additional requirements of this Section. a) The fill shall be designed to attain a long-term static safety factor of 1.5 based upon data obtained from subsurface exploration, geotechnical testing, foundation design, and accepted engineering analyses. b) Drainage control. 1) The top surface of the completed fill shall be graded such that the final slope after settlement will be toward properly designed drainage channels. Uncontrolled surface drainage may not be directed over the outslope of the fill. 2) Runoff from areas above the fill and runoff from the surface of the fill shall be diverted into stabilized diversion channels designed to meet the requirements of Section 1816.43 and, in addition, to safely pass the runoff from a one hundred (100) year, six (6) hour precipitation event. c) Rock-core chimney drains. A rock-core chimney drain may be used in a head-of-hollow-fill, instead of the underdrain and surface diversion system normally required, as long as the fill is not located in an area containing intermittent or perennial streams. A rock-core chimney drain may be used in a valley fill if the fill does not exceed two hundred and fifty thousand (250,000) cubic yards of material and upstream drainage is diverted around the fill. The alternative rock-core chimney drain system shall be incorporated into the design and construction of the fill as follows: 1) The fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of durable rock at least sixteen (16) feet thick which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. The underdrain system and rock core shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of Section 1816.71(l). 2) A filter system to ensure the proper long-term functioning of the rock core shall be designed and constructed using current, prudent engineering practices. 3) Grading may drain surface water away from the outslope of the fill and toward the rock core. In no case, however, may intermittent or perennial streams be diverted into the rock core. The maximum slope of the top of the fill shall be 33h:1v (three (3) percent). A drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential capacity for impounding more than ten thousand (10,000) cubic feet of water. Terraces on the fill shall be graded with a three (3) to five (5) percent grade toward the fill and a one (1) percent slope toward the rock core. (Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.73 DISPOSAL OF EXCESS SPOIL: HEAD-OF-HOLLOW FILLS (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.74 DISPOSAL OF EXCESS SPOIL: DURABLE ROCK FILLS {{ 30 CFR 816.73 }} The Department may approve the alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met: a) Except as provided in this Section, the requirements of Section 1816.71 are met. b) The excess spoil consists of at least eighty (80) percent, by volume, durable, nonacid- and nontoxic-forming rock (e.g., sandstone or limestone) that does not slake in water and will not degrade to soil material. Where used, noncemented clay shale, clay spoil, soil or other nondurable excess spoil material shall be mixed with excess durable rock spoil in a controlled manner such that no more than twenty (20) percent of the fill volume, as determined by tests performed by a registered professional engineer and approved by the Department, is not durable rock. c) A qualified registered professional engineer seals that the design will ensure the stability of the fill and meet all other applicable requirements of this Part. d) The fill is designed to attain a minimum long-term static safety factor of 1.5, and an earthquake safety factor of 1.1. e) The underdrain system may be constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, provided the resulting underdrain system is capable of carrying anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and the other requirements in Section 1816.71 are met. f) Surface water runoff from areas adjacent to and above the fill is not allowed to flow onto the fill and is diverted into stabilized diversion channels designed to meet the requirements of Section 1816.43 and to safely pass the runoff from a one hundred (100) year, six (6) hour precipitation event. (Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.75 DISPOSAL OF EXCESS SPOIL: PREEXISTING BENCHES {{ 30 CFR 816.74 }} a) The Department may approve the disposal of excess spoil through placement on preexisting benches, provided that all the standards set forth in Section 1816.71(a), (b)(1), (d) through (i) and the requirements of this Section are met. b) Excess spoil shall be placed only on the solid portion of the preexisting bench. c) The fill shall be designed, using current, prudent engineering practices, to attain a long-term static safety factor of 1.3 for all portions of the fill. d) The preexisting bench shall be backfilled and graded to: 1) Achieve the most moderate slope possible which does not exceed the angle of repose; and 2) Eliminate the highwall to the maximum extent technically practical. e) Disposal of excess spoil from an upper actively mined bench to a lower preexisting bench by means of gravity transport may be approved by the Department provided that: 1) The gravity transport courses are determined on a site-specific basis by the operator as part of the permit application and approved by the Department to minimize hazards to health and safety and to ensure that damage will be minimized between the benches, outside the set course, and downslope of the lower bench should excess spoil accidentally move; 2) All gravity transported excess spoil, including that excess spoil immediately below the gravity transport courses and any preexisting spoil that is disturbed, is rehandled and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and to prevent mass movement, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and to ensure a minimum long-term static safety factor of 1.3. Excess spoil on the bench prior to the current mining operation that is not disturbed need not be rehandled except where necessary to ensure stability of the fill as determined by factors such as excessive sloughing and cracking; 3) A safety berm is constructed on the solid portion of the lower bench prior to gravity transport of the excess spoil. Where there is insufficient material on the lower bench to construct a safety berm, only that amount of excess spoil necessary for the construction of the berm may be gravity transported to the lower bench prior to construction of the berm. 4) Excess spoil shall not be allowed on the downslope below the upper bench except on designated gravity transport courses properly prepared according to Section 1816.22. Upon completion of the fill, no excess spoil shall be allowed to remain on the designated gravity transport course between the two benches and each transport course shall be reclaimed in accordance with the requirements of this Part. (Source: Added 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.79 PROTECTION OF UNDERGROUND MINING {{ 30 CFR 816.79 }} No surface mining activities shall be conducted closer than five hundred (500) feet to any point of either an active or abandoned underground mine, except to the extent that: a) The activities result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public; and b) The nature, timing and sequence of the activities that propose to mine closer than five hundred (500) feet to an active underground mine are jointly approved by the Department and the Mine Safety and Health Administration (MSHA). (Source: Amended at 20 Ill. Reg. 2027, effective January 19, 1996) 62 Ill. Adm. Code Sec. 1816.81 COAL MINE WASTE: GENERAL REQUIREMENTS {{ 30 CFR 816.81 }} a) All coal mine waste shall be placed in new or existing disposal areas approved by the Department for this purpose. These areas shall be within a permit area. Coal mine waste shall be placed in a controlled manner to: 1) Minimize adverse effects of leachate and surface water runoff on surface and ground water quality and quantity in accordance with Section 1816.41; 2) Ensure mass stability and prevent mass movement during and after construction by: A) Spreading the coal mine waste in layers no more than twenty-four (24) inches in thickness; B) Compacting the coal mine waste to prevent spontaneous combustion and to provide the strength required for stability of the coal processing waste bank. C) Variations shall be allowed in these requirements for the disposal of dewatered fine coal mine waste (minus twenty-eight (28) sieve size) with approval of the Department, if, because of site-specific conditions, compliance with the requirements of subsections (c)(1) and (c)(2) is not necessary to meet the performance standards of this Part; 3) Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved post-mining land use; 4) Not create a public safety hazard; and 5) Prevent combustion. b) Coal mine waste materials from activities located outside a permit area, such as those activities at other mines or abandoned mine waste piles may be disposed of in the permit area only if approved by the Department. Approval shall be based on a showing by the person who conducts surface mining activities in the permit area that such disposal will be in accordance with the standards of this Section. c) Design certification. 1) The disposal facility shall be designed using current, prudent engineering practices and shall meet any design criteria established by the Department. A qualified registered professional engineer, experienced in the design of similar earth and waste structures, shall seal the design of the disposal facility. 2) The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments must be stable under all conditions of construction. d) Foundation. Sufficient foundation investigations, such as on-site investigations and test borings, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of the foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the disposal facility. e) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the Department shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If procedures cannot be formulated or implemented to ensure compliance with subsection (a), the Department shall be notified immediately. The Department shall then notify the appropriate agencies that other emergency procedures are required to protect the public. f) Underground disposal. Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the Department and MSHA under 62 Ill. Adm. Code 1784.25. (Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.82 COAL PROCESSING WASTE BANKS: SITE INSPECTION (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.83 COAL MINE WASTE: REFUSE PILES {{ 30 CFR 816.83 }} Refuse piles shall meet the requirements of Section 1816.81, the additional requirements of this Section, and the requirements of 30 CFR 77.214 and 77.215 (1989). 30 CFR 77.214 and 77.215 (1989) do not include any subsequent amendments or editions. a) Drainage control 1) If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability. 2) Uncontrolled surface drainage may not be diverted over the outslope of the refuse piles. 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 to meet the requirements of Section 1816.43 to safely pass the runoff from a 100 year, six hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile. 3) Underdrains shall comply with the requirements of Section 1816.71(1)(2). b) Surface area stabilization. Slope protection shall be provided to minimize erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected from erosion, shall be revegetated upon completion of construction. c) Placement. 1) All vegetative and organic materials shall be removed from the disposal area prior to placement of coal mine waste. Topsoil shall be removed, segregated and stored or redistributed in accordance with Section 1816.22. If approved by the Department, organic material may be used as mulch, or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil. 2) The final configuration of the refuse pile shall be suitable for the approved post-mining land use. Terraces may be constructed on the outslope of the refuse pile if required for stability, erosion control, conservation of soil moisture, or facilitation of the approved post-mining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v (50%). 3) No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be allowed by the Department if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile. 4) Following final grading of the refuse pile, the coal mine waste shall be covered with a minimum of four feet of the best available, nontoxic and noncombustible material, in a manner that does not impede drainage from the underdrains. The Department may allow less than four feet of cover material based on physical and chemical analyses which show that the requirements of Section 1816.111 through 1816.117 will be met. The Department shall require the addition of neutralization material to be added to the coal mine waste if, based on physical and chemical analyses, this material is needed to prevent acid mine drainage. This subsection (c)(4) is also applicable to the reclamation of fine coal waste (slurry) not meeting the definition of refuse piles. d) Inspections. A qualified registered professional engineer, or other qualified professional specialist under the direction of the professional engineer, shall inspect the refuse pile during construction. The professional engineer or specialist shall be experienced in the construction of similar earth and waste structures. 1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include foundation preparation including the removal of all organic material and topsoil; placement of underdrains and protective filter systems; installation of final surface drainage systems; and the final graded and revegetated facility. Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or the environment. Inspections shall continue until the refuse pile has been finally graded and revegetated. 2) The qualified registered professional engineer shall provide a sealed report to the Department promptly after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and 62 Ill. Adm. Code 1700 through 1850. The report shall include appearances of instability, structural weakness, and other hazardous conditions. 3) The sealed report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is constructed in phases, each phase shall be sealed separately. The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site. 4) A copy of each inspection report shall be retained at or near the minesite. (Source: Amended at 22 Ill. Reg. 20228, effective November 5, 1998) 62 Ill. Adm. Code Sec. 1816.84 COAL MINE WASTE: IMPOUNDING STRUCTURES {{ 30 CFR 816.84 }} New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of Section 1816.81. a) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the Department that the stability of such a structure conforms to the requirements of this Part and the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the Department in accordance with 62 Ill. Adm. Code 1780.25. b) Construction Requirements 1) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with Section 1816.49(a) and (c). Such structures may not be retained permanently as part of the approved post-mining land use. 2) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste that meets the criteria of 30 CFR 77.216(a) shall have sufficient spillway capacity to safely pass, adequate storage capacity to safely contain, or a combination of storage capacity and spillway capacity to safely control the probable maximum precipitation of a 6-hour precipitation event or greater event as specified by the Department after consideration of factors such as watershed size and characteristics necessary to ensure design in accordance with prudent engineering practices. c) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion in accordance with Section 1816.47. Inlets shall be protected against blockage. d) Drainage control. Runoff from areas above the disposal facility or runoff from the surface of the facility that causes instability or erosion of the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of Section 1816.43 and designed to safely pass the runoff from a one hundred (100) year, six (6) hour design precipitation event. e) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least ninety (90) percent of the water stored during the design precipitation event can be removed within a ten (10) day period. f) For an impounding structure constructed of or impounding coal mine waste, at least ninety (90) percent of the water stored during the design precipitation event shall be removed within the 10-day period following the design precipitation event. (Source: Added at 17 Ill. Reg. 11031, effective July 1, 1993) 62 Ill. Adm. Code Sec. 1816.85 COAL PROCESSING WASTE BANKS: CONSTRUCTION REQUIREMENTS (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.86 COAL PROCESSING WASTE: BURNING (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.87 COAL MINE WASTE: BURNED WASTE UTILIZATION {{ 30 CFR 816.87 }} a) Coal mine waste fires shall be extinguished by the person who conducts the surface mining activities, in accordance with the plan approved by the Department and the MSHA. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in extinguishing operations. b) No burning or burned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the Department. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure. (Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.88 COAL PROCESSING WASTE: RETURN TO UNDERGROUND WORKINGS (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.89 DISPOSAL OF NONCOAL MINE WASTES {{ 30 CFR 816.89 }} a) Noncoal mine wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber, and other combustible material generated during surface mining activities shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings. b) Final disposal of noncoal mine wastes shall be in a designated disposal site in the permit area, or to a permitted solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and windborne waste. When the disposal is completed a minimum of two feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with Sections 1816.111 through 1816.117. Operation of the disposal site shall be conducted in accordance with all local, State, and Federal requirements. Areas reclaimed to cropland capability shall have a minimum of four feet of suitable soil cover. c) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall any excavation for a noncoal mine waste disposal site be located within eight feet of any coal outcrop or coal storage area. d) Notwithstanding any other provision in 62 Ill. Adm. Code 1700 through 1850 any noncoal mine waste defined as "hazardous" under Section 3001 of the Resource Conservation and Recovery Act (RCRA) (P. L. 94-580, as amended) and 40 CFR 261 shall be handled in accordance with the requirements of Subtitle C of RCRA and in accordance with the Illinois Environmental Protection Act as implemented by Title 35, Subtitle G, Part 721. (Source: Amended at 24 Ill. Reg. 5967, effective March 21, 2000) 62 Ill. Adm. Code Sec. 1816.91 COAL PROCESSING WASTE: DAMS AND EMBANKMENTS: GENERAL REQUIREMENTS (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.92 COAL PROCESSING WASTE: DAMS AND EMBANKMENTS: SITE PREPARATION (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.93 COAL PROCESSING WASTE: DAMS AND EMBANKMENTS: DESIGN AND CONSTRUCTION (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.94 COAL PROCESSING WASTE: TIME AND REQUIREMENTS FOR COMPLETION OF COVERING (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.95 STABILIZATION OF SURFACE AREAS {{ 30 CFR 816.95 }} a) All exposed surface areas shall be protected and stabilized to control erosion and air pollution attendant to erosion in accordance with Section 1816.45(a). b) Rills and gullies, deeper than nine (9) inches, which form in areas that have been regraded and topsoiled and rills and gullies of lesser size which the Department determines either disrupt the approved post-mining land use or the reestablishment of the vegetative cover, or cause or contribute to a violation of Section 1816.42 for receiving streams shall be filled, regraded, or otherwise stabilized; topsoil shall be replaced; and the areas shall be reseeded or replanted. (Source: Added 11 Ill. Reg. 8131, effective July 1, 1987) 62 Ill. Adm. Code Sec. 1816.97 PROTECTION OF FISH, WILDLIFE, AND RELATED ENVIRONMENTAL VALUES {{ 30 CFR 816.97 }} a) The operator shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the activities on fish, wildlife, and related environmental values, and shall achieve enhancement of such resources where practicable. b) No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the Secretary of the United States Department of the Interior (Secretary) or which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The operator shall immediately report to the Department any State- or federally-listed endangered or threatened species within the permit area of which the operator becomes aware. Upon notification, the Department shall consult with appropriate State and Federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed. c) No surface mining activity shall be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs. The operator shall promptly report to the Department any golden or bald eagle nest within the permit area of which the operator becomes aware. Upon notification, the Department shall consult with the U.S. Fish and Wildlife Service and also, where appropriate, the State fish and wildlife agency and after consultation, shall identify whether, and under what conditions, the operator may proceed in order to ensure that the operation is not in violation of the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et seq.). d) Nothing in these regulations shall authorize the taking of an endangered or threatened species or a bald or golden eagle, its nest, or any of its eggs in violation of the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et seq.), or the Bald Eagle Protection Act, as amended, (16 U.S.C. 668 et seq.). e) Each operator shall, to the extent possible using the best technology currently available: 1) Ensure that electric powerlines and other transmission facilities used for, or incidental to, surface mining activities on the permit area are designed and constructed to minimize electrocution hazards to raptors, except where the Department determines that such requirements are unnecessary, due to factors such as the absence of raptors; 2) Locate and operate haul and access roads so as to avoid or minimize impacts on important fish and wildlife species or other species protected by State or Federal law specified in 62 Ill. Adm. Code 1773.12; 3) Design fences, overland conveyers, and other potential barriers to permit passage for large mammals, except where the Department determines that such requirements are unnecessary, due to factors such as the absence of large mammals; and 4) Fence, cover, or use of other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials. f) The operator conducting surface mining activities shall avoid disturbances to, enhance where practicable, restore, or replace, wetlands, and riparian vegetation along rivers and streams and bordering ponds and lakes. Surface mining activities shall avoid disturbances to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife such as wetlands and riparian vegetation. g) Where fish and wildlife habitat is to be a post-mining land use, the plant species to be used on reclaimed areas shall be selected on the basis of the following criteria: 1) Their proven nutritional value for fish or wildlife. 2) Their use as cover for fish or wildlife. 3) Their ability to support and enhance fish or wildlife habitat after the release of performance bonds. The selected plants shall be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits to fish and wildlife. h) Where cropland is to be the post-mining land use, where appropriate for wildlife and crop management practices, the operator shall intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals. i) Where residential, public service, or industrial uses are to be the post-mining land use, and where consistent with the approved post-mining land use, the operator shall intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs, and trees useful as food and cover for wildlife. (Source: Amended at 20 Ill. Reg. 2027, effective January 19, 1996) 62 Ill. Adm. Code Sec. 1816.99 SLIDES AND OTHER DAMAGE {{ 30 CFR 816.99 }} a) An undisturbed natural barrier or constructed outcrop shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as may be determined by the Department as is needed to assure stability. The barrier shall be retained in place to prevent slides and erosion. b) At any time a slide occurs which may have a potential adverse effect on public property, health, safety, or the environment, the person who conducts the surface mining activities shall notify the Department by the fastest available means and comply with any remedial measures required by the Department. c) Operators that remove and do not replace the lateral support within a three (3) month period shall not, unless mutually agreed upon by the operator and the adjacent property owner, approach property lines, established right-of-way lines of any public roads, streets or highways closer than a distance, measured horizontally from the property line or right-of-way, equal to ten (10) feet plus one and one-half (1 1/2) times the depth of any excavation except where consolidated materials or materials of sufficient hardness or ability to resist weathering and to inhibit erosion or sloughing exists in the excavation, the distance from the property line or any established right-of-way line shall not, unless mutually agreed, be closer than a distance equal to ten (10) feet plus one and one-half (1 1/2) times the depth from the natural ground surface to the top of the consolidated material or materials. When the operator desires to remove the lateral support and replace it within a three (3) month period, the operator shall submit to the Department a written request for said purpose, outlining how the lateral support shall be replaced within three (3) months. Said request shall be approved or denied by the Department in accordance with 62 Ill. Adm. Code 1774. (Source: Amended at 14 Ill. Reg. 11830, effective January 1, 1991) 62 I