VIRGINIA ADMINISTRATIVE CODE TITLE 4. CONSERVATION AND NATURAL RESOURCES AGENCY NO. 25. DEPARTMENT OF MINES, MINERALS AND ENERGY CHAPTER 130 . COAL SURFACE MINING RECLAMATION REGULATIONS (Current as of October 31, 2000) Subchapter VK. Permanent Program Performance Standards Part 815 Permanent Program Performance Standards--Coal Exploration Sec. 4 VAC 25-130-815.1. Scope and purpose. 4 VAC 25-130-815.2. Permitting information. 4 VAC 25-130-815.13. Required documents. 4 VAC 25-130-815.15. Performance standards for coal exploration. 4 VAC 25-130-815.1. Scope and purpose. {{ 30 CFR 815.1 }} This Part sets forth performance standards required for coal exploration which substantially disturbs the natural land surface. If necessary to provide adequate environmental protection or comply with the standards of this chapter, coal exploration operations may be further required to comply with the applicable standards of Parts 816 through 828. 4 VAC 25-130-815.2. Permitting information. {{ 30 CFR 815.2 }} Notwithstanding cross-references in other Parts which may be otherwise construed, Part 772 establishes the notice and permit information requirements for coal exploration. 4 VAC 25-130-815.13. Required documents. {{ 30 CFR 815.13 }} Each person who conducts coal exploration shall, while in the exploration area, have available a copy of the filed notice of intention to explore or a copy of the exploration permit for review by the authorized representative of the division upon request. 4 VAC 25-130-815.15. Performance standards for coal exploration. {{ 30 CFR 815.15 }} (a) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values and critical habitats of threatened or endangered species identified pursuant to the Endangered Species Act of 1973 (16 USC  1531 et seq.) shall not be disturbed during coal exploration. Such habitats shall include wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, reproduction and nursery areas, and wintering areas. (b) All roads or other transportation facilities used for coal exploration shall comply with the applicable provisions of 4 VAC 25-130-816.150(b) through (f), 4 VAC 25-130-816.180 and 4 VAC 25-130-816.181. (1) Vehicular travel on other than established graded and surfaced roads shall be limited by the person who conducts coal exploration to that absolutely necessary to conduct the exploration. Travel shall be confined to graded and surfaced roads during periods when excessive damage to vegetation or rutting of the land surface could result. (2) Any new road in the exploration area which is used less than 6 months shall comply with the provisions of 4 VAC 25-130-816.150. If the road will be frequently used longer than 6 months, it shall comply with the provisions of 4 VAC 25-130-816.151. (3) Existing roads may be used for exploration in accordance with the following: (i) All applicable Federal, State and local requirements shall be met. (ii) If the road is significantly altered for exploration, including, but not limited to, change of grade, widening, or change of route, or if use of the road for exploration contributes additional suspended solids to streamflow or runoff, then Paragraph (i) of this section shall apply to all areas of the road which are altered or which result in such additional contributions. (iii) If the road is significantly altered for exploration activities and will remain as a permanent road after exploration activities are completed, the person conducting exploration shall ensure that the requirements of 4 VAC 25-130-816.150 through 4 VAC 25-130-816.152, as appropriate, are met for the design, construction, alteration and maintenance of the road. (4) Promptly after exploration activities are completed, existing roads used during exploration shall be reclaimed either-- (i) To a condition equal to or better than their pre-exploration condition; or (ii) To a condition required for permanent roads under 4 VAC 25-130-816.150 through 4 VAC 25-130-816.152, as appropriate. ( c) If excavations, artificially flat areas, or embankments are created during exploration, these areas shall be returned to the approximate original contour promptly after such features are no longer needed for coal exploration. (d) Topsoil shall be separately removed, stored, and redistributed on areas disturbed by coal exploration activities as necessary to assure successful revegetation or as required by the division. (e) All areas disturbed by coal exploration activities shall be revegetated in a manner that encourages prompt revegetation and recovery of a diverse, effective, and permanent vegetative cover. Revegetation shall be accomplished in accordance with the following: (1) All areas disturbed by coal exploration activities shall be seeded or planted to the same seasonal variety native to the areas disturbed. If the land use of the exploration area is intensive agriculture, planting of the crops normally grown will meet the requirements of this Paragraph. (2) The vegetative cover shall be capable of stabilizing the soil surface from erosion. (f) Diversions of overland flows and ephemeral, perennial, or intermittent streams shall be made in accordance with 4 VAC 25-130-816.43. (g) Each exploration hole, borehole, well, or other exposed underground opening created during exploration shall be reclaimed in accordance with 4 VAC 25-130-816.13 through 4 VAC 25-130-816.15. (h) All facilities and equipment shall be promptly removed from the exploration area when they are no longer needed for exploration, except for those facilities and equipment that the division determines may remain to-- (1) Provide additional environmental data; (2) Reduce or control the onsite and offsite effects of the exploration activities; or (3) Facilitate future surface mining and reclamation operations by the person conducting the exploration. (i) Coal exploration shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance in accordance with 4 VAC 25-130-816.41 through 4 VAC 25-130-816.49. The division may specify additional measures which shall be adopted by the person engaged in coal exploration. (j) Acid- or toxic-forming materials shall be handled and disposed of in accordance with 4 VAC 25-130- 816.41(b), 4 VAC 25-130-816.41(f), and 4 VAC 25-130-816.102(f). The division may specify additional measures which shall be adopted by the person engaged in coal exploration. VIRGINIA ADMINISTRATIVE CODE TITLE 4. CONSERVATION AND NATURAL RESOURCES AGENCY NO. 25. DEPARTMENT OF MINES, MINERALS AND ENERGY CHAPTER 130 . COAL SURFACE MINING RECLAMATION REGULATIONS (Current as of October 31, 2000) Subchapter VK. Permanent Program Performance Standards Part 816 Permanent Program Performance Standards--Surface Mining Activities Sec. 4 VAC 25-130-816.11. Signs and markers. 4 VAC 25-130-816.13. Casing and sealing of drilled holes; general requirements. 4 VAC 25-130-816.14. Casing and sealing of drilled holes; temporary. 4 VAC 25-130-816.15. Casing and sealing of drilled holes; permanent. 4 VAC 25-130-816.22. Topsoil and subsoil. 4 VAC 25-130-816.41. Hydrologic-balance protection. 4 VAC 25-130-816.42. Hydrologic balance; water quality standards and effluent limitations. 4 VAC 25-130-816.43. Diversions. 4 VAC 25-130-816.45. Hydrologic balance; sediment control measures. 4 VAC 25-130-816.46. Hydrologic balance; siltation structures. 4 VAC 25-130-816.47. Hydrologic balance; discharge structures. 4 VAC 25-130-816.49. Impoundments. 4 VAC 25-130-816.56. Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities. 4 VAC 25-130-816.57. Hydrologic balance; stream buffer zones. 4 VAC 25-130-816.59. Coal recovery. 4 VAC 25-130-816.61. Use of explosives; general requirements. 4 VAC 25-130-816.62. Use of explosives; preblasting survey. 4 VAC 25-130-816.64. Use of explosives; blasting schedule. 4 VAC 25-130-816.66. Use of explosives; blasting signs, warnings, and access control. 4 VAC 25-130-816.67. Use of explosives; control of adverse effects. 4 VAC 25-130-816.68. Use of explosives; records of blasting operations. 4 VAC 25-130-816.71. Disposal of excess spoil; general requirements. 4 VAC 25-130-816.72. Disposal of excess spoil; valley fills/head-of-hollow fills. 4 VAC 25-130-816.73. Disposal of excess spoil; durable rock fills. 4 VAC 25-130-816.74. Disposal of excess spoil; preexisting benches. 4 VAC 25-130-816.75. Disposal of excess spoil; zoned concept. 4 VAC 25-130-816.76. Disposal of excess spoil; incidental reclamation. 4 VAC 25-130-816.79. Protection of underground mining. 4 VAC 25-130-816.81. Coal mine waste; general requirements. 4 VAC 25-130-816.83. Coal mine waste; refuse piles. 4 VAC 25-130-816.84. Coal mine waste; impounding structures. 4 VAC 25-130-816.87. Coal mine waste; burning and burned waste utilization. 4 VAC 25-130-816.89. Disposal of noncoal mine wastes. 4 VAC 25-130-816.95. Stabilization of surface areas. 4 VAC 25-130-816.97. Protection of fish, wildlife, and related environmental values. 4 VAC 25-130-816.99. Slides and other damage. 4 VAC 25-130-816.100. Contemporaneous reclamation. 4 VAC 25-130-816.102. Backfilling and grading; general requirements. 4 VAC 25-130-816.104. Backfilling and grading; thin overburden. 4 VAC 25-130-816.105. Backfilling and grading; thick overburden. 4 VAC 25-130-816.106. Backfilling and grading; previously mined areas. 4 VAC 25-130-816.107. Backfilling and grading; steep slopes. 4 VAC 25-130-816.111. Revegetation; general requirements. 4 VAC 25-130-816.113. Revegetation; timing. 4 VAC 25-130-816.114. Revegetation; mulching and other soil stabilizing practices. 4 VAC 25-130-816.116. Revegetation; standards for success. 4 VAC 25-130-816.131. Cessation of operations; temporary. 4 VAC 25-130-816.132. Cessation of operations; permanent. 4 VAC 25-130-816.133. Postmining land use. 4 VAC 25-130-816.150. Roads; general. 4 VAC 25-130-816.151. Primary roads. 4 VAC 25-130-816.152. Existing roads. 4 VAC 25-130-816.180. Utility installations. 4 VAC 25-130-816.181. Support facilities. 4 VAC 25-130-816.11. Signs and markers. {{ 30 CFR 816.11 }} (a) Specifications. Signs and markers required under this Part shall-- (1) Be posted, maintained, and removed 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) 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 permittee and the identification number of the current permit authorizing surface coal 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 prior to the permit review conducted by the division's field enforcement personnel. The perimeter shall be clearly marked by flagging, stakes or signs. All markers shall be easily visible from adjacent markers. The approximate outer perimeter of the solid portion of any pre-existing bench shall be closely marked prior to permit review. (e) Buffer zone markers. Buffer zones shall be marked along their boundaries, prior to permit review conducted by the division's field enforcement personnel. The boundaries shall be clearly marked by flagging, stakes or signs as required under 4 VAC 25-130-816.57. All markers of the buffer zone shall be easily visible from adjacent markers. (f) Blasting signs. If blasting is conducted incident to surface mining activities, the person who conducts these activities shall: (1) Conspicuously place 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" 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. (g) Topsoil markers. Where topsoil or other vegetation- supporting material is segregated and stockpiled as required under 4 VAC 25-130-816.22, the stockpiled material shall be clearly marked. (h) Incremental bonding markers. When the permittee elects to increment the amount of performance bond during the term of the permit, he shall, if required by the division, identify the initial and successive incremental areas for bonding by clearly marking such areas (with markers different from the perimeter markers) prior to disturbing the incremental area(s). 4 VAC 25-130-816.13. 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 division, 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 areas. 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 division. Use of a drilled hole or borehole or monitoring well as a water well must meet the provisions of 4 VAC 25-130-816.41. This section does not apply to holes solely drilled and used for blasting. 4 VAC 25-130-816.14. 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 in either or both the saturated and unsaturated zone shall be temporarily sealed before use and protected during use by barricades, or fences, or other protective devices, approved by the division. These devices shall be periodically inspected and maintained in good operating condition by the permittee. 4 VAC 25-130-816.15. Casing and sealing of drilled holes; permanent. {{ 30 CFR 816.15 }} When no longer needed for monitoring or other use approved by the division upon a finding of no adverse environmental or health and safety effect, or unless approved for transfer as a water well under 4 VAC 25- 130-816.41, 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 division under 4 VAC 25-130-816.13 and consistent with 30 CFR 75.1711 and the standards for oil and gas wells of the Virginia Division of Gas and Oil, as appropriate. 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. 4 VAC 25-130-816.22. Topsoil and subsoil. {{ 30 CFR 816.22 }} (a) Removal. (1)(i) All topsoil shall be removed as a separate layer from the area to be disturbed, and segregated. (ii) Where the topsoil is of insufficient quantity or poor quality for sustaining vegetation, the materials approved by the division in accordance with Paragraph (b) of this section shall be removed as a separate layer from the area to be disturbed, and segregated. (2) If topsoil is less than 6 inches thick, the permittee may remove the topsoil and the unconsolidated materials immediately below the topsoil and treat the mixture as topsoil. (3) The division may choose not to require the removal of topsoil for minor disturbances which-- (i) Occur at the site of small structures, such as power poles, signs, or fence lines; or (ii) Will not destroy the existing vegetation and will not cause erosion. (4) Timing. 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. (1) Selected overburden materials may be substituted for, or used as a supplement to topsoil if the permittee demonstrates to the division, in accordance with 4 VAC 25-130-780.18, 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. (2) Substituted or supplemental material shall be removed, segregated, and replaced in compliance with the requirements of this section for topsoil. (3) Selected overburden materials may be substituted for or used as a supplement to topsoil, if the slope of the land containing the topsoil is greater than 60 percent (3v:5h) and the selected overburden materials satisfy the following criteria: (i) The results of the analyses of the overburden required in 4 VAC 25-130-780.18 demonstrates the feasibility of using the overburden materials. (ii) The substitute material has a pH greater than 5.0, has a net acidity of less than five tons per 1,000 tons of material or a net alkalinity, and is suitable for sustaining vegetation consistent with the standards for vegetation in 4 VAC 25-130-816.111 through 4 VAC 25-130-816.116, and the approved postmining land use. ( c) Storage. (1) Materials removed under Paragraph (a) of this section shall be segregated and stockpiled when it is impractical to redistribute such materials promptly on regraded areas. (2) Stockpiled materials shall-- (i) Be selectively placed on a stable site within the permit area; (ii) Be protected from contaminants and unnecessary compaction that would interfere with revegetation; (iii) Be protected from wind and water erosion through prompt establishment and maintenance of an effective, quick growing vegetative cover or through other measures approved by the division; and (iv) Not be moved until required for redistribution unless approved by the division. (3) When long-term surface disturbances will result from facilities such as support facilities and preparation plants and where stockpiling of materials removed under Paragraph (a)(1) of this section would be detrimental to the quality or quantity of those materials, the division 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 the materials are needed for later reclamation, provided that-- (i) Such action will not permanently diminish the capability of the topsoil of the host site; and (ii) The material will be retained in a condition more suitable for redistribution than if stockpiled. (d) Redistribution. (1) Topsoil materials removed under Paragraph (a) of this section shall be redistributed in a manner that-- (i) Achieves an approximately uniform, stable thickness consistent with the approved postmining land use, contours, and surface-water drainage systems; (ii) Prevents excess compaction of the materials; and (iii) Protects the materials from wind and water erosion before and after seeding and planting. (2) Before redistribution of the material removed under Paragraph (a) of this section, 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 division may choose not to require the redistribution of topsoil or topsoil substitutes on the approved postmining embankments of permanent impoundments or of roads if it determines that-- (i) 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 (ii) Such embankments will be otherwise stabilized. (4) Nutrients and soil amendments shall be applied to the initially redistributed material when necessary to establish the vegetative cover. The types and amounts of nutrients and soil amendments shall be determined by soil tests performed by a qualified laboratory using standard methods which are approved by the division. If seeding is done without a site specific soil test-- (i) Fertilization rates of 300 pounds of 16-27-14 or 500 pounds of 10-20-10 or equivalents per acre shall be used. (ii) Liming rates shall be in accordance with the following table: Mine Tons of Lime Needed per Acre to Increase pH to: Spoil pH 5.1 - 5.5 5.6 - 6.2 Test Sandstone Shale Mixed Sandstone Shale Mixed ------------------------------------------------------------------------------ 4.0 - 4.5 2 3 2 3 5 4 ------------------------------------------------------------------------------ 4.6 - 5.0 1 3 2 2 4 3 ------------------------------------------------------------------------------ 5.1 - 5.5 0 2 1 1 3 2 ------------------------------------------------------------------------------ 5.6 - 6.0 0 1 0 0 2 1 ------------------------------------------------------------------------------ (iii) Soil tests shall be performed promptly after topsoiling but before application of any supplementary nutrients and any additional lime and fertilizer applied as necessary. (e) Subsoil segregation. The division 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 Paragraphs ( c) and (d) of this section if it finds that such subsoil layers are necessary to comply with the revegetation requirements of 4 VAC 25-130-816.111, 4 VAC 25-130- 816.113, 4 VAC 25-130-816.114 and 4 VAC 25-130-816.116. 4 VAC 25-130-816.41. 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, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the performance standards of this Part. The division may require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. 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 4 VAC 25-130-780.21(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 4 VAC 25-130-780.21(i). The division may require additional monitoring when necessary. (2) Representative monitoring. (i) Representative monitoring points shall be established within 100 feet downgradient from the initial disturbance within each representative area. This distance may be modified by the division if it is demonstrated in the permit application that the 100 feet distance is inappropriate for the monitoring point. (ii) If degradation, contamination or diminution of water quality or quantity are evident through monitoring, then additional monitoring and/or remedial action may be required by the division. (3) Source monitoring. (i). Source monitoring shall be used near isolated acid-producing or toxic-producing material. Monitoring shall be by piezometers or other equipment suitable for monitoring in the unsaturated zone. Piezometers or alternate equipment shall be installed in backfilled material during or within 45 days after final grading of the area. Installation in fill or temporary storage areas shall be as soon as practicable. Monitoring points shall be of sufficient number and locations so that adverse impacts can be readily detected. (ii) Representative monitoring may be required by the division in addition to source monitoring when the operation may adversely impact usable ground waters. (4) Well drilling, construction and completion. (i) When wells are used, they shall be drilled either to the first water-producing zone or, if no water is encountered, to a depth of 100 feet below each coal seam to be mined. The division may require deeper drilling if site conditions indicate the potential for adverse impacts to a known water- producing zone which is at greater depth. (ii) Monitoring wells shall be drilled an additional 20 feet into the water-producing zone to aid in pumping. (iii) Monitoring wells shall: (A) Accommodate a four inch (4") submersible pump for sample extraction and measurement of field parameters. Other diameters may be approved by the division if sample extraction is allowed. (B) Be constructed in a manner which isolates the water-producing zone to be monitored and prevents the mixing of ground waters. ( C) Be grouted from the surface to at least one foot into bedrock, with all leakage around the well casing prevented. (D) Be capped, locked, and labeled with an identification number. (E) Be properly developed and the final yield reported. (F) Not be constructed or packed with materials which would adversely affect the monitoring results obtained. (iv) Existing wells may be used for monitoring provided that: (A) The well is located at a point where data representative of the permit or adjacent area will be obtained. (B) The well penetrates the water-producing zone to be monitored. ( C) The well is constructed in a manner which effectively isolates the water- producing zone. (D) The well meets the standards of Paragraph ( c)(4) above. (E) Filtering systems and water softeners are not present which may alter the quality of the water sample. Filters or softeners may be disconnected or bypassed during sampling. (5) Ground-water monitoring data shall be submitted within 30 days after the end of the calendar quarter to the division. More frequent reporting may be prescribed by the division. 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 permittee shall promptly notify the division and immediately take the actions provided for in 4 VAC 25-130-773.17(e) and 4 VAC 25-130-780.21(h). (6) Ground-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of 4 VAC 25-130-774.13, the division may modify the monitoring requirements, including the parameters covered and the sampling frequency, if the permittee demonstrates, using the monitoring data obtained under this Paragraph, that-- (i) 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 postmining land uses; and the water rights of other users have been protected or replaced; or (ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under 4 VAC 25-130-780.21(i). (7) 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 permittee when no longer required by the division. (d) Surface-water protection. In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under 4 VAC 25-130-780.21(h), 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 contribution 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 4 VAC 25-130-816.42, the permittee shall use and maintain the necessary water treatment facilities or water quality controls. (2) Surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under 4 VAC 25-130-780.21(h). (e) Surface-water monitoring. (1) Surface water monitoring shall be conducted according to the surface-water monitoring plan approved under 4 VAC 25-130-780.21(j). The division may require additional monitoring when necessary. (2) Surface-water monitoring data shall be submitted every three months to the division or more frequently as prescribed by the division. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any surface-water sample indicates noncompliance with the permit conditions, the permittee shall promptly notify the division and immediately take the actions provided for in 4 VAC 25-130-773.17(e) and 4 VAC 25-130-780.21(h). Reporting shall be in accordance with the National Pollutant Discharge Elimination System (NPDES) permit requirements. (3) Surface-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with 4 VAC 25-130-774.13, the division may modify the monitoring requirements in accordance with the NPDES permit, including the parameters covered and sampling frequency, if the permittee demonstrates, using the monitoring data obtained under this Paragraph, that-- (i) 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 postmining land uses; and the water rights of other users have been protected or replaced; or (ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under 4 VAC 25-130-780.21(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 permittee when no longer required by the division. (f) Acid-and toxic-forming materials. (1) Drainage from acid- and toxic-forming materials into surface water and ground water shall be avoided by-- (i) 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 (ii) 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 this chapter. (g) Transfer of wells. Before final release of bond, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with 4 VAC 25-130-816.13 through 4 VAC 25-130- 816.15. With the prior approval of the division, wells may be transferred to another party, or retained by the permittee 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 4 VAC 25-130-816.13 through 4 VAC 25-130-816.15. (h) Water rights and replacement. 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 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. Baseline hydrologic information required in 4 VAC 25-130- 780.21 and 4 VAC 25-130-780.22 shall be used in the determination of the extent of the impact of mining upon ground water and surface water. (i) Discharges into an underground mine. (1) Discharges into an underground mine are prohibited, unless specifically approved by the division after a demonstration that the discharge will-- (i) 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; (ii) Not result in a violation of applicable water quality standards or effluent limitations. (iii) Be at a known rate and quality which shall meet the effluent limitations of 4 VAC 25- 130-816.42 for pH and total suspended solids, except that the pH and total suspended solids limitations may be exceeded, if approved by the division; and (iv) Meet the approval of the Mine Safety and Health Administration. (2) Discharges shall be limited to the following: (i) Water; (ii) Coal processing waste; (iii) Fly ash from a coal-fired facility; (iv) Sludge from an acid-mine drainage treatment facility; (v) Flue-gas desulfurization sludge; (vi) Inert materials used for stabilizing underground mines; and (vii) Underground mine development wastes. 4 VAC 25-130-816.42. 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 all applicable State and Federal water quality laws, standards and regulations and with the effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR 434. 4 VAC 25-130-816.43. Diversions. {{ 30 CFR 816.43 }} (a) General requirements. (1) With the approval of the division, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of 4 VAC 25-130- 816.46 for siltation structure removal, may be diverted from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the division under 4 VAC 25-130-816.41(I). (2) The diversion and its appurtenant structures shall be designed, located, constructed, maintained, and used to-- (i) Be stable; (ii) Provide protection against flooding and resultant damage to life and property; (iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and (iv) Comply with all applicable local, State and Federal laws and regulations. (3) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with this Part. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the permittee from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat. (4) Diversions which convey water continuously or frequently shall be lined with rock rip rap to at least the normal flow depth, including an allowance for freeboard. Diversions constructed in competent bedrock and portions of channels above normal flow depth shall comply with the velocity limitations of Paragraph (5) below. (5) The maximum permissible velocity for the following methods of stabilization are: Vegetated channel constructed in soil 3.5 feet per second Vegetated channel with jute netting 5.0 feet per second Rock rip rap lined channel 16.0 feet per second Channel constructed in competent bedrock No limit (6) Channel side slopes shall be no steeper than 1.5h:1v in soil. (7) Adequate freeboard shall be provided to prevent overtopping. A minimum of 0.3 feet shall be included, with additional freeboard provided at curves, transitions, and other critical sections as required. (8) When rock rip rap lining is used, consideration shall be given to rip rap size, bedding, and filter material. Rock used for rip rap shall be non-degradable, and non-acid forming such as natural sand and gravel,sandstone or limestone. No clay, shale, or coal shall be used. (9) Sediment and other debris shall be removed and the diversion maintained to provide the design requirements throughout its operation. (10) The division may specify other criteria for diversions to meet the requirements of this section. (b) Diversion of perennial and intermittent streams. (1) Diversion of perennial and intermittent streams within the permit area may be approved by the division after making the finding relating to stream buffer zones called for in 4 VAC 25-130-816.57 that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream. (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 Paragraph (a)(2)(ii) of this section shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a 10-year, 6-hour precipitation event for a temporary diversion and a 100-year, 6-hour precipitation event for a permanent diversion. (4) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by a qualified registered professional engineer as meeting the standards of this Part and any other criteria set by the division. (5) Channels which are constructed in backfilled material shall be formed during the backfilling and grading of the area. Unless the backfill material is of sufficiently low permeability, the channel shall be lined to prevent saturation of the backfill, loss of stream flow, or degradation of groundwater quality. (6) Rock rip rap lining shall be placed in the channels of all diversions of perennial and intermittent streams to the normal flow depth, including adequate freeboard. Channels constructed in competent bedrock need not be rip rap lined. ( 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 division. 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 Paragraph (a) of this section. (3) The requirements of Paragraph (a)(2)(ii) of this section shall be met when the temporary and permanent diversions for miscellaneous flows are designed to pass safely the peak runoff of a 2-year, 6- hour precipitation event for a temporary diversion and a 10-year, 6-hour precipitation event for a permanent diversion. (d) Steep slope conveyances. (1) A steep slope conveyance, including but not limited to a rock rip rap flume, concrete flume, or a pipe, shall be used to convey water down steep slopes to stable natural or constructed drainways. Steep slope conveyances shall be constructed at locations where concentrated flows may cause erosion. (2) The capacity of the conveyance shall be equal to or greater than the capacity of the inlet ditch or drainage structure associated with it. 4 VAC 25-130-816.45. 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, (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 4 VAC 25-130-816.111(b); (2) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of 4 VAC 25-130-816.102; (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. 4 VAC 25-130-816.46. Hydrologic balance; siltation structures. {{ 30 CFR 816.46 }} (a) For the purposes of this section only, "disturbed area" shall not include those areas-- (1) 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 (2) For which the upstream area is not otherwise disturbed by the operator. (b) General requirements. (1) Additional contributions of sediment to streamflow 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 paragraph (b)(5) or (e) of this section. (3) Siltation structures for an area shall be constructed before beginning any surface mining activities in that area and, upon construction, shall be certified 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 4 VAC 25-130-816.49. (5) Siltation structures shall be maintained until removal is authorized by the division 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, any embankment material and all accumulated sediment shall be placed in designated disposal areas, and the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and 4 VAC 25-130- 816.111 through 4 VAC 25-130-816.116. Sedimentation ponds approved by the division for retention as permanent impoundments may be exempted from this requirement. ( c) Sedimentation ponds. (1) When used, sedimentation ponds shall-- (i) Be used individually or in series; (ii) Be located as near as possible to the disturbed area and out of perennial streams unless such location is approved by the division; and (iii) Be designed, constructed, and maintained to-- (A) Provide adequate sediment storage volume and provide adequate detention time to allow the effluent from the ponds to meet state and federal effluent limitations; (B) Have a minimum volume of 0.125 acre-feet per acre of disturbed area draining to it, of which 0.075 acre-feet per acre disturbed shall be sediment storage volume and the remainder shall be detention storage volume; ( C) Treat the 10-year, 24-hour precipitation event ("design event") unless a lesser design event is approved by the division based on terrain, climate, other site-specific conditions and on a demonstration by the permittee that the effluent limitations of 4 VAC 25-130-816.42 will be met; (D) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraphs ( c)(1)(iii)(A) and (B) of this section; (E) Minimize, to the extent possible, short circuiting; (F) Provide periodic sediment removal sufficient to maintain adequate volume for the design event. The elevation corresponding to the sediment storage volume shall be determined and a bench mark set in the field from which this elevation can readily be established. Sediment shall be removed when its accumulation reaches the cleanout level or more frequently if the operation of the structure is impaired. Sediment removed shall be placed only in disposal areas identified and approved in the reclamation plan; (G) Ensure against excessive settlement; (H) Be free of sod, large roots, frozen soil, and acid or toxic-forming coal- processing waste; and (I) 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 4 VAC 25-130-816.49(a)(9). (d) Other treatment facilities. (1) Other treatment facilities shall be designed to treat the 10-year, 24-hour precipitation event unless a lesser design event is approved by the division based on terrain, climate, other site-specific conditions and a demonstration by the permittee that the effluent limitations of 4 VAC 25-130-816.42 will be met. (2) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph ( c) of this section. (e) Exemptions. Exemptions to the requirements of this section may be granted if-- (1) The disturbed drainage area within the total disturbed area is small; and (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 under 4 VAC 25- 130-816.42 and the applicable state and federal water quality standards for the receiving waters. Effect of Amendment The January 6, 1999 amendment deleted former subparagraphs ( c)(2)(i) to ( c)(2)(iii) relating to sedimentation ponds and spillways and made other changes to be substantively identical to 30 CFR 816.46 4 VAC 25-130-816.47. Hydrologic balance; discharge 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 dissipators, 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. 4 VAC 25-130-816.49. Impoundments. {{ 30 CFR 816.49 }} (a) General requirements. 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, Oct. 1985), "Earth Dams and Reservoirs," shall comply with the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60 and the requirements of this section. The technical release is hereby incorporated by reference. Copies may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, Order No. PB87-157509/AS. Copies can be inspected at the OSM Headquarters Office, Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 660, 800 North Capitol Street, Washington, D.C., or at the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, D.C. (2) An impoundment meeting the size or other criteria of 30 CFR 77.216(a) shall comply with the requirements of 30 CFR 77.216 and this section. (3) Design certification. The design of impoundments shall be certified by a qualified registered professional engineer as designed to meet the requirements of this Part using current, prudent engineering practices, and any other criteria established by the division. The qualified registered professional engineer shall be experienced in the design and construction of impoundments. (4) Stability. (i) 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. (ii) Impoundments not included in paragraph (a)(4)(i) of this section, except for a coal mine waste impounding structure shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions. In lieu of engineering tests to establish compliance with the minimum static safety factor of 1.3, earth embankments whose top widths are no less than 10 feet and whose embankment slopes are 2h:1v or flatter may be used provided that the permittee documents that a minimum static safety factor of 1.3 can be met using the graphical solution methods outlined in the "Bureau of Mines Report of Investigations/1981, RI 8564, Factor of Safety Charts for Estimating the Stability of Saturated and Unsaturated Tailings Pond Embankments, United States Department of Interior." (5) Freeboard. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. The minimum freeboard shall be one foot. Impoundments meeting the Class B or C criteria for dams in TR-60 shall comply with the freeboard hydrograph criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60. (6) Foundation. (i) 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 investigations, as well as any necessary laboratory testing of foundation material shall be performed to determine the design requirements for foundation stability. (ii) 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 and minimize seepage. The pool area shall be cleared of all brush and trees unless the requirement is waived by the division. (iii) The most impervious material available shall be used in the cutoff trench and center portion of the dam. If sandy or gravelly material is encountered, it shall be placed in the outer shell, preferably in the downstream portion of the dam. (7) Slope protection. Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown. (8) Vegetation. Faces of embankments and surrounding areas shall be vegetated, exceptthat faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices. (9) Spillways. An impoundment shall include either a combination of principal and emergency spillways or a single spillway configured as specified in paragraph (a)(9)(i) of this section, designed and constructed to safely pass the applicable design precipitation event specified in paragraph (a)(9)(ii) of this section, except as set forth in paragraph ( c)(2) of this section. (i)(A) The division may approve a single open-channel spillway that is: (1) Of nonerodible construction and designed to carry sustained flows; or (2) Earth- or grass-lined and designed to carry short-term, infrequent\ flows at non-erosive velocities where sustained flows are not expected. (B) Temporary ponds that do not meet the size or other criteria of 30 CFR 77.216(a) and located where failure would not be expected to cause loss of life or serious property damage, may use a single spillway of the pipe and riser design if the riser is no less than 15 inches in diameter, the barrel is no less than 12 inches in diameter, and a properly designed anti-vortex device and trash rack are securely installed on top of the riser. (ii) Except as specified in paragraph ( c)(2) of this section, the required design precipitation event for an impoundment meeting the spillway requirements of paragraph (a)(9) of this section is: (A) For an impoundment meeting the SCS Class B or C criteria for dams in TR- 60, the emergency spillway hydrograph criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60 or greater event as specified by the division. (B) For an impoundment meeting or exceeding the size or other criteria of 30 CFR 77.216(a), a 100-year six-hour event, or greater event as specified by the division. ( C) For an impoundment included in paragraphs (a)(9(ii)(A) and (B) of this section, a 25-year six-hour event, or greater event as specified by the division. (10) Inspections. A qualified registered professional engineer or other qualified professional specialist under the direction of a professional engineer, shall inspect each impoundment as provided in paragraph (a)(10)(i) of this section. The professional engineer or specialist shall be experienced in the construction of impoundments. (i) Inspections shall be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance bond. (ii) The qualified registered professional engineer shall, within two weeks after each inspection required in paragraph (a)(10)(i) of this section, provide to the division a certified report that the impoundment has been constructed and/or maintained as designed and in accordance with the approved plan and this chapter. Construction certified in previous reports need not be recertified after each annual inspection. The report shall include discussion of any appearance of instability, structural weakness or other hazardous condition, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation, and any other aspects of the structure affecting stability. (iii) A copy of the report shall be retained at or near the minesite. (11) Examinations. 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 must be examined in accordance with 30 CFR 77.216-3. Impoundments not meeting the Class B or C criteria for dams in TR-60, or subject to 30 CFR 77.216 shall be examined at least quarterly. A qualified person designated by the operator shall examine impoundments for appearance of structural weakness and other hazardous conditions. (12) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the permittee shall promptly inform the division of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the division shall be notified immediately. Notification shall be by the fastest available means and followed in writing. The division 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 division in the approved permit based upon the following demonstration: (1) The size and configuration of such impoundment will be 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 applicable state and federal water quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable state and federal water quality standards. (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 postmining land use. ( c) Temporary impoundments. (1) The division may authorize the construction of temporary impoundments as part of a surface coal mining operation. (2) In lieu of meeting the requirements in paragraph (a)(9)(i) of this section, the division may approve an impoundment that relies primarily on storage to control the runoff from the design precipitation event when it is demonstrated by the operator and certified by a qualified registered professional engineer or qualified registered professional land surveyor in accordance with 4 VAC 25-130-780.25(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. Such an impoundment shall be located where failure would not be expected to cause loss of life or serious property damage, except where: (i) 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 designed to control the precipitation of the probable maximum precipitation of a six-hour event, or greater event as specified by the division; or (ii) Impoundments not included in paragraph ( c)(2)(i) of this section shall be designed to control the precipitation of a 100-year six-hour event, or greater event as specified by the division. Effect of Amendment The January 6, 1999 amendment substantially revised this section to be substantively identical to 30 CFR 816.49. 4 VAC 25-130-816.56. Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities. {{ 30 CFR 816.56 }} Before abandoning a permit area or seeking bond release, the permittee 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 this chapter for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The permittee shall renovate such structures if necessary to meet the requirements of this chapter and to conform to the approved reclamation plan. 4 VAC 25-130-816.57. Hydrologic balance; stream buffer zones. {{ 30 CFR 816.57 }} (a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, unless the division specifically authorizes surface mining activities closer to, or through, such a stream. The division may authorize such activities only upon finding that- (1) Surface mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and (2) If there will be a temporary or permanent stream-channel diversion, it will comply with 4 VAC 25-130-816.43. (b) The area not to be disturbed shall be designated as a buffer zone, and the permittee shall mark it as specified in 4 VAC 25-130-816.11. 4 VAC 25-130-816.59. 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. 4 VAC 25-130-816.61. Use of explosives; general requirements. {{ 30 CFR 816.61 }} (a) Compliance with other laws. Each permittee shall comply with all applicable State and Federal laws and regulations in the use of explosives. (b) Blasting schedule. Blasts that use more than five pounds of explosive or blasting agent shall be conducted according to the schedule required under 4 VAC 25-130-816.64. ( c) Blasters. (1) All blasting operations in the State shall be conducted under the direction of a certified blaster certified in accordance with Part 850. (2) Certificates of blaster certification shall be carried by blasters or shall be on file at the permit area during blasting operations. (3) A blaster and at least one other person shall be present at the firing of a blast. (4) Persons responsible for blasting operations at a blasting site shall be familiar with the blasting plan and site-specific performance standards. (d) Blast design. (1) An anticipated blast design shall be submitted if blasting operations will be conducted within- (i) 1,000 feet of any building used as a dwelling, public building, school, church, or community or institutional building outside the permit area; or (ii) 500 feet of an active or abandoned underground mine. (2) The blast design may be presented as part of a permit application or at a time, before the blast, proposed in the application and approved by the division. (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 airblast, flyrock, and ground-vibration standards in 4 VAC 25-130-816.67. (4) The blast design shall be prepared and signed by a certified blaster. (5) The division may require changes to the design submitted. 4 VAC 25-130-816.62. Use of explosives; preblasting survey. {{ 30 CFR 816.62 }} (a) At least 30 days before initiation of blasting, the permittee shall notify, in writing, all residents or owners of dwellings or other structures located within « mile of the permit area how to request a preblasting survey. (b) A resident or owner of a dwelling or structure within « mile of any part of the permit area may request a preblasting survey. This request shall be made, in writing, directly to the permittee or to the division, who shall promptly notify the permittee. The permittee shall promptly conduct a preblasting survey of the dwelling or structure and promptly prepare a written report of the survey. An updated survey of any additions, modifications, or renovations shall be performed by the permittee if requested by the resident or owner. The request for an updated survey shall be in writing and describe the additions, modifications, or renovations which are to be surveyed. ( c) The permittee shall determine the condition of the dwelling or structure and shall document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, cables, transmission lines, and cisterns, wells, and other water systems warrant special attention; however, the assessment of these structures may be limited to surface conditions and other readily available data. (d) The written report of the survey shall be signed by the person who conducted the survey. Copies of the report shall be promptly provided to the division and to the person requesting the survey. If the person requesting the survey disagrees with the contents and/or recommendations contained therein, he may submit to both the permittee and the division a detailed description of the specific areas of disagreement. (e) Any surveys requested more than 10 days before the planned initiation of blasting shall be completed by the permittee before the initiation of blasting. Any surveys requested after permit approval but less than 10 days before the planned initiation of blasting shall be completed by the permittee within 30 days of the request, except that reasonable time extensions may be approved by the division. 4 VAC 25-130-816.64. Use of explosives; blasting schedule. {{ 30 CFR 816.64 }} (a) General requirements. (1) The permittee shall conduct blasting operations at times approved by the division and announced in the blasting schedule. The division may 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 the public health and safety or welfare. (2) All blasting shall be conducted during daylight hours. The division may specify more restrictive time periods for blasting. (3) Unscheduled blasts may be conducted only where public or permittee health and safety so require and for emergency blasting actions. When a permittee conducts an unscheduled blast, the permittee, using audible signals, shall notify residents within « mile of the blasting site and document the reason for the unscheduled blast in accordance with 4 VAC 25-130-816.68(p). (b) Blasting schedule publication and distribution. (1) The permittee shall publish the blasting schedule in a newspaper of general circulation in the locality of the blasting site at least 10 days, but not more than 30 days, before beginning a blasting program. (2) The permittee shall distribute copies of the schedule to local governments and public utilities and to each local residence within « mile of the proposed blasting site described in the schedule. (3) The permittee shall republish and redistribute the schedule at least every 12 months and revise and republish the schedule at least 10 days, but not more than 30 days, before blasting whenever the area covered by the schedule changes or actual time periods for blasting significantly differ from the prior announcement. ( c) Blasting schedule contents. The blasting schedule shall contain, at a minimum- (1) Name, address, and telephone number of the permittee; (2) Identification of the specific areas in which blasting will take place; (3) Dates and time periods when explosives are to be detonated; (4) Methods to be used to control access to the blasting area; and (5) Type and patterns of audible warning and all-clear signals to be used before and after blasting. 4 VAC 25-130-816.66. Use of explosives; blasting signs, warnings, and access control. {{ 30 CFR 816.66 }} (a) Blasting signs. Blasting signs shall meet the specifications of 4 VAC 25-130-816.11. (b) Warnings. Warning and all-clear signals of different character or pattern that are audible within a range of « mile from the point of the blast shall be given. Each person within the permit area and each person who resides or regularly works within « mile of the permit area shall be notified of the meaning of the signals in the blasting schedule. ( c) Access control. Access within the blasting area shall be controlled to prevent presence of livestock or unauthorized persons during blasting and until an authorized representative of the permittee has reasonably determined that- (1) No unusual hazards, such as imminent slides or undetonated charges, exist; and (2) Access to and travel within the blasting area can be safely resumed. 4 VAC 25-130-816.67. Use of explosives; control of adverse effects. {{ 30 CFR 816.67 }} (a) General requirements. 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 surface or ground water outside the permit area. (b) Airblast. (1) Limits. (i) Airblast shall not exceed the maximum limits listed below at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area, except as provided in Paragraph (e) of this section. -------------------------------------------------------------------------- Lower frequency limit of measuring Maximum level, in dB system, in Hz (+- 3 dB) -------------------------------------------------------------------------- 0.1 Hz or lower - flat response1...... ........... 134 peak 2 Hz or lower - flat response......... ............. 133 peak 6 Hz or lower - flat response............ .......... 129 peak C-weighted-slow response1........................... 105 peak dBC -------------------------------------------------------------------------- FN1 Only when approved by the division (ii) If necessary to prevent damage, the division shall specify lower maximum allowable airblast levels than those of Paragraph (b)(1)(i) of this section for use in the vicinity of a specific blasting operation. (2) Monitoring. (i) The permittee shall conduct periodic monitoring to ensure compliance with the airblast standards. The division may require airblast measurement of any or all blasts and may specify the locations at which such measurements are taken. (ii) The measuring systems shall have an upper-end flat-frequency response of at least 200 Hz. ( c) Flyrock. Flyrock travelling in the air or along the ground shall not be cast from the blasting site- (1) More than one-half the distance to the nearest dwelling or other occupied structure; (2) Beyond the area of control required under 4 VAC 25-130-816.66( c); or (3) Beyond the permit boundary. (d) Ground vibration. (1) General. In all blasting operations, except as otherwise authorized in Paragraph (e) of this section, the maximum ground vibration shall not exceed the values approved in the blasting plan required under 4 VAC 25-130-780.13. The maximum ground vibration for protected structures listed in Paragraph (d)(2)(i) of this section shall be established in accordance with either the maximum peak-particle-velocity limits of Paragraph (d)(2), the scaled distance equation of Paragraph (d)(3), the blasting-level chart of Paragraph (d)(4), or by the division under Paragraph (d)(5) of this section. All structures in the vicinity of the blasting area, not listed in Paragraph (d)(2)(i) of this section, such as water towers, pipelines and other utilities, tunnels, dams, impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the permittee in the blasting plan and approved by the division. (2) Maximum peak particle velocity. (i) The maximum ground vibration shall not exceed the following limits at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area: ------------------------------------------------------------------------------------------------------------------------------------------- Distance (D), from Maximum allowable Scaled distance factor the blasting site, in feet peak particle velocity (Vmax) to be applied without for ground vibration, seismic monitoring2 in inches/second1 (Ds) ------------------------------------------------------------------------------------------------------------------------------------------- - 0 to 300........................ ...................... 1.25 50 301 to 5,000.. ................................... ..... 1.00 55 5,001 and beyond ..................................... 0.75 65 FN1 Ground vibration shall be measured as the particle velocity. Particle velocity shall be recorded in three mutually perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three measurements. FN2 Applicable to the scaled-distance equation of Paragraph (d)(3)(i) of this section. (ii) A seismographic record shall be provided for each blast. (3) Scale-distance equation. (i) The permittee may use the scaled distance equation, W=(D/Ds)ý, to determine the allowable charge weight of explosives to be detonated in any 8-millisecond period, without seismic monitoring; where W=the maximum weight of explosives, in pounds; D=the distance, in feet, from the blasting site to the nearest protected structure; and Ds=the scaled-distance factor, which may initially be approved by the division using the values for scaled-distance factor listed in Paragraph (d)(2)(i) of this section. (ii) The development of a modified scaled-distance factor may be authorized by the division on receipt of a written request by the permittee, supported by seismographic records of blasting at the minesite. The modified scaled-distance factor shall be determined such that the particle velocity of the predicted ground vibration will not exceed the prescribed maximum allowable peak particle velocity of Paragraph (d)(2)(i) of this section, at a 95-percent confidence level. (4) Blasting-level chart. (i) The permittee may use the ground-vibration limits in Figure 1 to determine the maximum allowable ground vibration. (ii) If the Figure 1 limits are used, a seismographic record including both particle velocity and vibration-frequency levels shall be provided for each blast. The method for the analysis of the predominant frequency contained in the blasting records shall be approved by the division before application of this alternative blasting criterion. (5) The maximum allowable ground vibration shall be reduced by the division below the limits otherwise provided by this section, if determined necessary to provide damage protection. (6) The division may require the permittee to conduct seismic monitoring of any or all blasts or may specify the location at which the measurements are taken and the degree of detail necessary in the measurement. (e) The maximum airblast and ground-vibration standards of Paragraphs (b) and (d) of this section shall not apply at the following locations: (1) At structures owned by the permittee and not leased to another person. (2) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the division before blasting. For Use of explosives; control of adverse effects, see Virginia Administrative Code print product. 4 VAC 25-130-816.68. Use of explosives; records of blasting operations. {{ 30 CFR 816.68 }} The permittee shall retain a record of all blasts for at least three years. Upon request, copies of these records shall be made available to the division and to the public for inspection. Such records shall contain the following data: (a) Name of the permittee conducting the blast. (b) Location, date, and time of the blast. ( c) Name, signature, and certification number of the blaster conducting the blast. (d) Identification, direction, and distance, in feet, from the nearest blast hole to the nearest dwelling, public building, school, church, community or institutional building outside the permit area, except those described in 4 VAC 25-130-816.67(e). (e) Weather conditions, including those which may cause possible adverse blasting effects. (f) Type of material blasted. (g) Sketches of the blast pattern including number of holes, burden, spacing, decks, and delay pattern. (h) Diameter and depth of holes. (i) Types of explosives used. (j) Total weight of explosives used per hole. (k) The maximum weight of explosives detonated in an 8-millisecond period. (l) Initiation system. (m) Type and length of stemming. (n) Mats or other protections used. (o) Seismographic and airblast records, if required, which shall include- (1) Type of instrument, sensitivity, and calibration signal or certification of annual calibration; (2) Exact location of instrument and the date, time, and distance from the blast; (3) Name of the person and firm taking the reading; (4) Name of the person and firm analyzing the seismographic record; and (5) The vibration and/or airblast level recorded. (p) Reasons and conditions for each unscheduled blast. Cross References Required records for blasting in surface mining operations, 4 VAC 25-110-200. 4 VAC 25-130-816.71. Disposal of excess spoil; general requirements. {{ 30 CFR 816.71 }} (a) General. Excess spoil shall be placed in designated disposal areas within the 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 postmining land use. (b) Design certification. (1) The fill and appurtenant structures shall be designed using current, prudent engineering practices and any criteria established by the division as necessary to achieve the standards of this Part. A qualified registered professional engineer experienced in the design of earth and rock fills shall certify 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) Location. The disposal area shall be located on the most moderately sloping and naturally stable areas available, as approved by the division, and shall be placed, where possible, upon or above a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement. (d) Foundation. (1) Sufficient foundation investigations, 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 foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the fill and appurtenant structures. (2) Where the slope in the disposal area is in excess of 2.8h:1v (36 percent), or such lesser slope as may be designated by the division based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe buttresses shall be constructed to ensure stability of the fill. Where the toe of the spoil rests on a downslope, stability analyses shall be performed in accordance with 4 VAC 25-130- 780.35( c) to determine the size of rock toe buttresses and keyway cuts. (e) Placement of excess spoil. (1) 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 redistributed in accordance with 4 VAC 25-130-816.22. If approved by the division, 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) Excess spoil shall be transported and placed in a controlled manner in horizontal lifts not exceeding four feet in thickness; concurrently compacted as necessary to ensure mass stability and to 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 4 VAC 25-130-816.22. The division may approve a design which incorporates placement of excess spoil in horizontal lifts greater than four feet in thickness when it is demonstrated by the permittee and certified by a qualified registered professional engineer that the design will ensure the stability of the fill and will meet all other applicable requirements. (3) The final configuration of the fill shall be suitable for the approved postmining land use. 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 postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v (50 percent). Terraces, if constructed, shall be no less than 20 feet in width and the vertical distance between terraces shall not exceed 50 feet. Terraces on the fill shall be graded with a minimum 3.0% grade toward the fill and a minimum 1.0% slope toward the drainage control system. (4) No permanent impoundments are allowed on the completed fill. Small depressions may be allowed by the division 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. (5) 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 4 VAC 25-130-816.41, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved postmining land use. (f) Drainage control. (1) If the disposal area contains springs, natural or manmade water courses, 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. (2) Diversions shall comply with the requirements of 4 VAC 25-130-816.43. (3) Underdrains shall consist of durable rock or pipe, be designed and constructed using current, prudent engineering practices and any criteria established by the division as necessary to achieve the standards of this Part. The underdrain system 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 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. (g) Surface area stabilization. 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, shall be revegetated upon completion of construction. (h) Inspections. A qualified registered professional engineer, or other qualified professional specialist under the direction of the professional engineer, shall periodically inspect the fill during construction. The professional engineer and specialist shall be experienced in the construction of earth and rock fills. (1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum: (i) Foundation preparation, including the removal of all organic material and topsoil; (ii) placement of under drains and protective filter systems; (iii) installation of final surface drainage systems; and (iv) the final graded and revegetated fill. 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 a certified report to the division within two weeks after each inspection that the fill has been constructed and maintained as designed and in accordance with the approved plan and this chapter. The report shall include appearances of instability, structural weakness, and other hazardous conditions. (3)(i) The certified report on the drainage system and protective filters shall include color photographs 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 certified separately. (ii) 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 4 VAC 25-130-816.73, color photographs shall be taken of the underdrain as the underdrain system is being formed. (iii) 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 mine site. (i) Coal mine waste. Coal mine waste may be disposed of in excess spoil fills if approved by the division and, if such waste is- (1) Placed in accordance with 4 VAC 25-130-816.83; (2) Nontoxic and nonacid forming; and (3) Of the proper characteristics to be consistent with the design stability of the fill. (j) Underground disposal. Excess spoil may be disposed of in underground mine workings, but only in accordance with a plan approved by the division and MSHA under 4 VAC 25-130-784.25. 4 VAC 25-130-816.72. Disposal of excess spoil; valley fills/head-of-hollow fills. {{ 30 CFR 816.72 }} Valley fills and head-of-hollow fills shall meet the requirements of 4 VAC 25-130-816.71 and the additional requirements of this section. (a) 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. The maximum slope of the top of the fill shall be 20h:1v (5.0%). (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 4 VAC 25-130-816.43 and, in addition, to safely pass the runoff from a 100-year, 6-hour precipitation event. The appropriate surface drainage system shall be installed prior to placement of excess spoil in the fill area. Temporary diversions may be approved by the division for use during fill construction provided that erosion is minimized and no threat to the public or the environment results. (3)(i) A subdrainage system, constructed in accordance with 4 VAC 25-130-816.71(f)(3), shall be installed along the natural drainage system, extending from the toe to the head of the fill. The division may approve a lesser distance provided the standards of 4 VAC 25-130-816.71(f)(3) are met. A system of lateral underdrains shall connect this core to each area of potential drainage or seepage in the disposal area. (ii) A filter system to ensure the proper long-term functioning of the subdrainage system shall be designed and constructed using current, prudent engineering practices. (iii) The minimum size of the main underdrain shall be: Total Amount of Fill Predominant Minimum Size Material Type of Fill of Drain, in Feet Width Height ----------------------------------------------------------------------------------------------------------------------------- Less than 1,000,000 Cubic Yards Sandstone 10 4 Do: Shale 16 8 More than 1,000,000 Cubic Yards Sandstone 16 8 Do: Shale 16 16 ----------------------------------------------------------------------------------------------------------------------------- (iv) No more than 10 percent of the rock used in the underdrains may be less than 12 inches in size and no single rock may be larger than 25 percent of the width of the drain. (v) Alternatives to the minimum sizes may be approved by the division provided the alternative is shown to convey, using accepted engineering analyses, the maximum anticipated discharge, including an appropriate factor of safety. (b) 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 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 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 4 VAC 25-130-816.71(f). (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 (3.0%). 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 10,000 cubic feet of water. Terraces on the fill shall be graded with a minimum 3.0% grade toward the fill and a minimum 1.0% slope toward the rock core. 4 VAC 25-130-816.73. Disposal of excess spoil; durable rock fills. {{ 30 CFR 816.73 }} The division 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 4 VAC 25-130-816.71 are met. (b) The excess spoil consists of at least 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 materials shall be mixed with excess durable rock spoil in a controlled manner such that no more than 20 percent of the fill volume, as determined by tests performed by a registered engineer and approved by the division, is not durable rock. ( c) A qualified registered professional engineer certifies that the design will ensure the stability of the fill and meet all other applicable requirements. (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 for drainage control 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 4 VAC 25-130-816.43 and to safely pass the runoff from a 100-year, 6-hour precipitation event. The appropriate surface drainage system shall be installed prior to placement of excess spoil in the fill area. Temporary diversions may be approved by the division for use during fill construction, provided that erosion is minimized and no threat to the public or the environment results. 4 VAC 25-130-816.74. Disposal of excess spoil; preexisting benches. {{ 30 CFR 816.74 }} (a) The division may approve the disposal of excess spoil through placement on preexisting benches if the affected portion of the preexisting bench is permitted and the standards set forth in 4 VAC 25-130- 816.102( c), (e) through (h) and (j), and the requirements of this section are met. (b) All vegetation and organic materials shall be removed from the affected portion of the preexisting bench prior to placement of the excess spoil. Any available topsoil on the bench shall be removed, stored, and distributed in accordance with 4 VAC 25-130-816.22. Substitute or supplemental materials may be used in accordance with 4 VAC 25-130-816.22(b). ( c) The fill shall be designed and constructed using current, prudent engineering practices. The design will be certified by a registered professional engineer. The spoil shall be placed on the solid portion of the bench in a controlled manner and concurrently compacted as necessary to attain a long term static safety factor of 1.3 for all portions of the fill. Any spoil deposited on any fill portion of the bench will be treated as excess spoil fill under 4 VAC 25-130-816.71. (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; (2) Eliminate the highwall to the maximum extent technically practical; (3) Minimize erosion and water pollution both on and off the site; and (4) If the disposal area contains springs, natural, or manmade water courses, 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. (e) All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction. (f) Permanent impoundments may not be constructed on preexisting benches backfilled with excess spoil under this regulation. (g) Final configuration of the backfill must be compatible with the natural drainage patterns and the surrounding area, and support the approved postmining land use. (h) 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 division provided that-- (1) The gravity transport courses are determined on a site specific basis by the permittee as part of the permit application and approved by the division 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; (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 designed gravity transport courses properly prepared according to 4 VAC 25-130-816.22. 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. Effect of Amendment The January 6, 1999 amendment conformed requirements for disposal of excess spoil on preexisting benches with requirements for backfilling and grading requirements found in 4 VAC 25-130-816.102, and made this section substantively identical to 30 CFR 816.74. 4 VAC 25-130-816.75. Disposal of excess spoil; zoned concept. The disposal of spoil under the zoned concept shall meet the requirements of 4 VAC 25-130-816.71 and the additional requirements of this section. (a) The fill and appurtenant structures shall be designed using current, prudent engineering practices, and certified by a qualified registered professional engineer experienced in the design of earth and rockfill embankments. (b) The fill shall be designed to attain a long-term minimum safety factor of 1.5 under static loading conditions and 1.1 under earthquake loading conditions. ( c) All vegetative and organic materials and topsoil in the structural and nonstructural zones shall be removed from the disposal area prior to placement of excess spoil. Topsoil shall be removed, segregated and stored or redistributed in accordance with 4 VAC 25-130-816.22. If approved by the division, 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) Excess spoil shall be transported and placed in a specified controlled manner as follows: (1) Structural zone. In the structural zone, spoil shall be placed in horizontal lifts and compacted to densities and strengths required to ensure mass stability and prevent mass movement. The lift thickness and gradational requirements of the spoil shall be consistent with the design parameters. The extent of this zone shall be based on accepted engineering analyses. (2) Nonstructural zone. In the nonstructural zone, the spoil shall be placed in a controlled manner to avoid contamination of the internal drainage system and to ensure mass stability and prevent mass movement, to provide for the safety of persons on or near the fill, and to provide mass stability and prevent mass movement during construction. The extent of this zone shall be determined by accepted engineering analyses. The temporary outside slope of the nonstructural zone shall not exceed the angle of repose and the height of the nonstructural zone shall be limited to a height determined not to pose an actual or probable hazard to property, public health and safety, or the environment in the event of failure during construction. (3) The structural zone and the nonstructural zone shall be constructed as concurrently as practicable and the distance between the structural zone and the nonstructural zone shall be minimized to assure proper stability and control of the temporary fill slope. (e) In addition to the inspection requirements of 4 VAC 25-130-816.71(h), regular inspections by the engineer or specialist shall be conducted during placement and compaction of fill materials in both the structural and non-structural zones. (f) The design of the fill shall include an internal drainage system which will ensure continued free drainage of anticipated seepage from precipitation and from springs or wet weather seeps. (1) Anticipated discharge from springs and seeps and due to precipitation shall be based on records and/or field investigations to determine seasonal variation. The design of the internal drainage system shall be based on the maximum anticipated discharge. (2) Underdrains constructed of granular material shall consist of durable, nonacid-, nontoxic- forming material such as natural sand and gravel, sandstone, or other durable rock that does not slake in water or degrade to soil material, and which is free of coal, clay, shale, or other nondurable material. (3) A filter system shall be included to insure proper functioning of the underdrain system. This filter shall be designed and constructed using current geotechnical engineering methods. (4) In constructing the underdrains, no more than 10 percent of the rock shall be less than 12 inches in size and no single rock may be larger than 25 percent of the width of the drain. (5) The drain size shall be designed to safely route the anticipated seepage flows. Minimum drain sizes shall be six feet wide and two feet high. (6) Prior to placing the underdrain materials, all vegetation and topsoil shall be removed. (7) The internal drainage system shall be designed to assure that the phreatic surface within the structural zone is controlled. (8) The internal drainage system shall be designed to prevent channeling of surface runoff through the underdrains. (g) Surface water runoff from the area above the fill shall be diverted away from the fill and into stabilized diversion channels designed to pass safely the runoff from a 100-year, 6-hour precipitation event or larger event specified by the division. Runoff from the fill surface shall be diverted to stabilized channels which will safely pass the runoff from a 100-year, 6-hour precipitation event. Diversion design shall comply with the requirements of 4 VAC 25-130-816.43. Temporary diversions may be approved by the division for use during fill construction, provided that erosion is minimized and no threat to the public or the environment results. (h) The top surface of the fill and any terrace constructed shall be graded such that the final slope after settlement shall be toward properly designed drainage channels. The maximum slope of the top of the fill shall be 20h:1v (5 percent). The vertical distance between terraces shall not exceed 50 feet. (i) Drainage shall not be directed over the outslope of the fill unless it is in a channel properly designed to minimize infiltration into the fill and to safely pass the runoff from a 100-year, 6-hour precipitation event or larger event specified by the division. (j) The outslope of the completed fill shall not exceed an overall slope of 1v:2h. The division may require a flatter slope. 4 VAC 25-130-816.76. Disposal of excess spoil; incidental reclamation. (a) The division, where environmental benefits will occur, may approve placement of spoil not needed to restore the approximate original contour of the land and reclaim land within the permit area in a manner consistent with the Act and this chapter on: (1) Another area under a permit issued pursuant to the Act, or (2) On abandoned mine lands under a contract for reclamation according to the AML Guidelines and approved by the Division of Mined Land Reclamation. 4 VAC 25-130-816.79. Protection of underground mining. {{ 30 CFR 816.79 }} No surface mining activities shall be conducted closer than 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)(1) The nature, timing, and sequence of the activities proposed to be conducted closer than 500 feet to an abandoned underground mine are approved by the division; and (2) The nature, timing, and sequence of the activities proposed to be conducted closer than 500 feet to an active underground mine are jointly approved by the division, the Mine Safety and Health Administration, and the Virginia division of Mines. 4 VAC 25-130-816.81. Coal mine waste; general requirements. {{ 30 CFR 816.81 }} (a) General. All coal mine waste disposed of in an area other than the mine workings or excavations shall be placed in new or existing disposal areas within a permit area, which are approved by the division for this purpose. Coal mine waste shall be hauled or conveyed and placed for final placement in a controlled manner to-- (1) Minimize adverse effects of leachate and surface-water runoff on surface and ground water quality and quantity; (2) Ensure mass stability and prevent mass movement during and after construction; (3) Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use; (4) Not create a public hazard; and (5) Prevent combustion. (b) Waste from other areas. Coal mine waste material from activities located outside a permit area may be disposed of in the permit area only if approved by the division. Approval shall be based upon a showing 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 any criteria established by the division as necessary to achieve the standards of this Part. A qualified registered professional engineer, experienced in the design of similar earth and waste structures, shall certify 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, 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 division shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the division shall be notified immediately. Notification shall be by the fastest available means and followed in writing. The division 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 division and MSHA under 4 VAC 25-130-784.25. Effect of Amendment The January 6, 1999 amendment revised subsection (a) and deleted former paragraph ( c)(3) relating to thickness and compaction of fills, to make this section substantively identical to 30 CFR 816.81. 4 VAC 25-130-816.83. Coal mine waste; refuse piles. {{ 30 CFR 816.83 }} Refuse piles shall meet the requirements of 4 VAC 25-130-816.81, the additional requirements of this section, and the requirements of 30 CFR 77.214 and 77.215. (a) Drainage control. (1) If the disposal area contains springs, natural or manmade 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 pile. 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 4 VAC 25-130-816.43 to safely pass the runoff from a 100-year, 6-hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile. The appropriate surface drainage system shall be installed prior to placement of coal mine waste in the disposal area. (3) Underdrains shall comply with the requirements of 4 VAC 25-130-816.71(f)(3). (b) Surface area stabilization. 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, 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 4 VAC 25-130-816.22. If approved by the division, 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 postmining land use. Terraces may be constructed on the outslope of the refuse pile if required for stability, control of erosion, conservation of soil moisture, or facilitation of the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v (50 percent). Terraces, if constructed, shall be no less than 20 feet in width and the vertical distance between terraces shall not exceed 50 feet. Terraces on the fill shall be graded with a minimum 3.0% grade toward the fill and a minimum 1.0% slope toward the drainage control system. (3) No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be allowed by the division 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 division may allow less than four feet of cover material based on physical and chemical analyses which show that the requirements of 4 VAC 25-130-816.111 through 4 VAC 25-130-816.116 will be met. (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 and 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 at a minimum: (i) foundation preparation including the removal of all organic material and topsoil; (ii) placement of underdrains and protective filter systems; (iii) installation of final surface drainage systems; and (iv) 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 or until a later time as required by the division. (2) The qualified registered professional engineer shall provide a certified report to the division within two weeks after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and this chapter. The report shall include appearances of instability, structural weakness, and other hazardous conditions. (3) The certified 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 certified 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. 4 VAC 25-130-816.84. 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 4 VAC 25-130-816.81 and the additional requirements of this section. (a) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the division 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 division in accordance with 4 VAC 25-130-780.25. (b)(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 4 VAC 25-130-816.49(a) and ( c). Such structures may not be retained permanently as part of the approved postmining 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 division. ( c) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. 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 may cause instability or erosion of the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of 4 VAC 25-130-816.43 and designed to safely pass the runoff from a 100-year, 6-hour design precipitation event. (e) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least 90 percent of the water stored during the design precipitation event can be removed within a 10-day period. (f) For an impounding structure constructed of or impounding coal mine waste, at least 90 percent of the water stored during the design precipitation event shall be removed within the 10-day period following the design precipitation event. 4 VAC 25-130-816.87. Coal mine waste; burning and 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 a plan approved by the division and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the permittee, and who have an understanding of the procedures to be used, shall be involved in the 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 division. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure. 4 VAC 25-130-816.89. 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 materials generated during 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, that 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 a state-approved 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 wind-borne 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 4 VAC 25-130- 816.111 through 4 VAC 25-130-816.116. Operation of the disposal site shall be conducted in accordance with all local, state and federal requirements. ( c) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall a noncoal mine waste disposal site be located within eight feet of any coal outcrop or coal storage area. Effect of Amendment The January 6, 1999 amendment deleted former subsection (d) regarding handling of waste defined as hazardous under  3001 of the Resource Conservation and Recovery Act, to make this section consistent with 30 CFR 816.89. 4 VAC 25-130-816.95. Stabilization of surface areas. {{ 30 CFR 816.95 }} (a) All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion. (b) Rills and gullies which form in areas that have been regraded and topsoiled and which either (1) disrupt the approved postmining land use or the reestablishment of the vegetative cover, or (2) cause or contribute to a violation of water quality standards for receiving streams shall be filled, regraded, or otherwise stabilized; topsoil shall be replaced; and the areas shall be reseeded or replanted. 4 VAC 25-130-816.97. Protection of fish, wildlife, and related environmental values. {{ 30 CFR 816.97 }} (a) The permittee shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife, and related environmental values and shall achieve enhancement of such resources where practicable. (b) Endangered and threatened species. No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the United States Secretary of the Interior 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 USC  1531 et seq.). The operator shall promptly report to the division any State or Federally listed endangered or threatened species within the permit area of which the operator becomes aware. Upon notification, the division 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) Bald and golden eagles. 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 permittee shall promptly report to the division any golden or bald eagle nest within the permit area of which the permittee becomes aware. Upon notification, the division 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 permittee may proceed. (d) Nothing in this chapter 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 USC  1531 et seq., or the Bald Eagle Protection Act, as amended, 16 USC  668 et seq. (e) Each permittee 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 division determines that such requirements are unnecessary; (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; (3) Design fences, overland conveyors, and other potential barriers to permit passage for large mammals, except where the division determines that such requirem