1501:14-3-11 Construction of dams, dikes, diversions, impoundments, and drainage channels.

To prevent damage to adjoining property from flooding, landslides, and flood hazards resulting from mining operations, the operator shall:

(A) Construct necessary sediment and flood control impoundments that shall:

(1) Have a minimum storage capacity below the crest of the principal spillway of 0.2 acre-feet per acre of disturbed area within the watershed;

(2) Be located within each affected watershed;

(3) Have primary and secondary spillway systems capable of safely passing the required peak design flows without endangering the safety of the dam;

(4) Include means of dissipating the energy of flow at the spillway outlets without eroding the dam or the downstream channel;

(5) Have vegetation established on the slopes of the impoundments and the dam to prevent erosion; and

(6) Be cleaned out whenever sediment fills half the minimum storage capacity of the impoundment, which sediment shall be disposed of in a manner consistent with the intended future use of the area;

(B) Construct dikes, diversions, and drainage channels that shall:

(1) Direct drainage from the affected area to sediment and flood control impoundments and divert runoff around or away from the affected areas;

(2) Protect existing natural streams; and

(3) Be constructed with sufficient capacity to safely carry peak design flows.

(C) Use impervious materials to construct all dams, dikes, and drainage channels. Where impervious materials are not available at the site, the Chief may approve use of alternate materials, designs, or methods;

(D) Assure that water controlled by pumping or other mechanical methods is controlled in a manner that will prevent damage to adjoining property;

(E) Comply with all Federal, State, or local laws applicable to the design, construction, operation, and maintenance of dams, dikes, diversions, drainage channels, and impoundments; and

(F) Reclaim all dams, dikes, diversions, drainage channels, and impoundments unless specified as permanent structures in the Mining and Reclamation Plan.

R.C. 119.032 review dates: 07/14/2011 and 07/14/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.011 , 1514.02 , 1514.08
Prior Effective Dates: 3/24/75