(A) General. Mining shall be planned and
conducted to minimize disturbance to the prevailing hydrologic balance in both
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 requirements of mining
and reclamation rules. The chief may require additional preventive, 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) Water quality standards and effluent
limitations.
(1) All surface drainage
from the disturbed area, including disturbed areas that have been graded,
seeded, or planted, shall be passed through a sedimentation pond or a series of
sedimentation ponds before leaving the permit area until vegetation is
established, at which time vegetation of the area may be the best technology
currently available, provided that drainage from the area:
(a) Meets effluent limitations; and
(b) Does not contribute suspended solids to
streamflow.
(2) Sedimentation ponds
and other treatment facilities shall be maintained until the quality of the
untreated drainage from the disturbed area meets the applicable state and
federal water quality standard requirements.
(3) The chief may grant
exemptions from the requirements of paragraph (B)(1) of this rule only
when:
(a) The chief determines that the disturbed drainage area
relative to the total disturbed area is small;
(b) Alternative sediment control measures are provided, if
required by the chief; and
(c) The operator demonstrates that the drainage from the
disturbed area will meet the effluent limitations of mining and reclamation
rules.
(4) For the purposes of
this rule only, "disturbed area" shall not include those areas in
which only diversion ditches, sedimentation ponds, or roads are installed in
accordance with this rule and rule 1501:13-10-01 of the Administrative Code and
the upstream area is not otherwise disturbed by the person who conducts coal
mining operations.
(5) Before mining
commences in any watershed:
(a) A proper sediment control system including sedimentation
ponds, diversions, and other treatment methods shall be constructed;
and
(b) Upon completion of construction, this sediment control system
shall be certified by an engineer or jointly by an engineer and a surveyor, to
the extent such joint certification is required or permitted by the chief, as
meeting the dimensions and design criteria set forth in the engineering plans,
drawings, and design details submitted as part of the application for a
permit.
(6) Point source
discharge of water from areas disturbed by coal mining operations shall be made
in compliance with effluent limitations of all applicable federal and state
laws and regulations. All other surface drainage shall not cause additional
contributions of suspended solids to streamflows.
(7) Where the
sedimentation pond or series of sedimentation ponds is used so as to result in
the mixing of drainage from the disturbed areas with drainage from other areas
not disturbed by current surface coal mining and reclamation operations, the
permittee shall achieve the effluent limitations for all of the mixed drainage
when it leaves the permit area.
(C) All facilities utilized by an
operator to achieve compliance with federal and state water quality laws shall
be properly installed, maintained and operated so that they will perform the
functions for which they were designed, and shall be removed in accordance with
this rule when no longer needed, unless they have been approved as part of the
postmining land use.
(D) Sediment control
measures.
(1) The purpose of this
rule is to meet the applicable state and federal effluent limitations by means
of a combination of sediment control measures which, taken together, comprise a
complete sediment control system.
(2) Appropriate sediment
control measures shall be designed, constructed, and maintained using the best
technology currently available to:
(a) Prevent, to the extent possible, additional contributions of
sediment to streamflow or to runoff outside the permit area;
(b) Meet the more stringent of applicable state or federal
effluent limitation; and
(c) Minimize erosion to the extent possible.
(3) 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:
(a) Disturbing the smallest practicable area at any one time
during the mining operation through progressive backfilling and grading, and
prompt revegetation as required in rule 1501:13-9-15 of the Administrative
Code.
(b) Stabilizing the backfill material to promote a reduction in
the rate and volume of runoff, in accordance with the requirements of rule
1501:13-9-14 of the Administrative Code;
(c) Retaining sediment within disturbed areas;
(d) Diverting runoff away from disturbed areas;
(e) Diverting runoff using protected channels or pipes through
disturbed areas so as not to cause additional erosion;
(f) 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
(g) Treating with chemicals.
(E) Stream buffer zones.
(1) No land within one
hundred feet, measured horizontally, of a perennial or intermittent stream
shall be disturbed unless the chief specifically authorizes coal mining
operations closer to or through such a stream. The chief may authorize such
operations only upon making a finding under both paragraphs (E)(1)(a) and
(E)(1)(b) of this rule or under paragraph (E)(1)(c) of this rule:
(a) The operations 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
(b) If there will be a temporary or permanent stream channel
diversion, it will comply with paragraph (F) of this rule; or
(c) If restoration of a stream or a portion of a stream on the
permit area is not possible, restoration off the permit area by means of
mitigation has been approved by the chief under rule 1501:13-13-08 of the
Administrative Code.
(2) The area not to be
disturbed shall be described as a buffer zone, and the operator shall mark it
as specified by paragraph (E) of rule 1501:13-9-01 of the Administrative
Code.
(F) Diversions.
(1) General
requirements.
(a) With the approval of the chief, any flow from mined areas
abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed
areas, after meeting the criteria of paragraph (G) of this rule for siltation
structure removal, may be diverted away 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 chief under paragraph (Q) of this rule.
(b) 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.
(c) 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 these
rules. 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 operator 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.
(d) The chief may specify design criteria for diversions to meet
the requirements of this rule.
(2) Diversion of
perennial and intermittent streams.
(a) Diversion of perennial and intermittent streams within the
permit area may be approved by the chief after making the finding relating to
stream buffer zones that the diversion will not adversely affect the water
quantity and quality and related environmental resources of the
stream.
(b) 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.
(c) The requirements of paragraph (F)(1)(b)(ii) of this rule
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
ten-year, six hour precipitation event for a temporary diversion and a
one-hundred-year, six hour precipitation event for a permanent
diversion.
(d) A permanent stream-channel diversion or a stream channel
restored after the completion of mining shall be designed and constructed using
natural channel design techniques so as to restore or approximate the premining
characteristics of the original stream channel, including the natural riparian
vegetation and the natural hydrological characteristics of the original stream,
to promote the recovery and enhancement of the aquatic habitat and to minimize
adverse alteration of stream channels on and off the site, including channel
deepening or enlargement, to the extent possible.
(e) The design and construction of all stream channel diversions
of perennial and intermittent streams shall be certified by an engineer as
meeting the performance standards of Chapter 1501:13-9 of the Administrative
Code and any design criteria set by the chief.
(3) Diversion of
miscellaneous flows.
(a) 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 chief. Miscellaneous flows shall include
ground-water discharges and ephemeral streams.
(b) The design, location, construction, maintenance, and removal
of diversions of miscellaneous flows shall meet all of the performance
standards set forth in paragraph (F)(1) of this rule.
(c) The requirements of paragraph (F)(1)(b)(ii) of this rule
shall be met when the temporary and permanent diversions for miscellaneous
flows are designed so that the combination of channel, bank and flood-plain
configuration is adequate to pass safely the peak runoff of a two-year, six
hour precipitation event for a temporary diversion and a ten-year, six hour
precipitation event for a permanent diversion.
(G) Siltation structures.
(1) Definitions. For the
purposes of this rule only:
(a) "Siltation structure" means a sedimentation pond, a
series of sedimentation ponds, or other treatment facility;
(b) "Disturbed" area shall not include those
areas:
(i) In which the only
surface mining operations include diversion ditches, siltation structures, or
roads that are designed, constructed and maintained in accordance with mining
and reclamation rules; and
(ii) For which the
upstream area is not otherwise disturbed by the operator; and
(c) "Other treatment facility" means any chemical
treatment, such as flocculation, or mechanical structure, such as a clarifier,
that has a point-source discharge and that is utilized to prevent additional
contribution of suspended solids to streamflow or runoff outside the permit
area.
(2) General
requirements.
(a) Additional contributions of suspended solids to streamflow or
runoff outside the permit area shall be prevented to the extent possible using
the best technology currently available.
(b) 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)(3) or (G)(2)(e) of this rule.
(c) Siltation structures for an area shall be constructed before
beginning any surface mining operations in that area and, upon construction,
shall be certified by an engineer as being constructed as designed and as
approved in the reclamation plan.
(d) Any siltation structure which impounds water shall be
designed, constructed and maintained in accordance with paragraph (H) of this
rule.
(e) Siltation structures shall be maintained until removal is
authorized by the chief 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, unless, after vegetation is established, the
operator demonstrates and the chief approves under paragraph (E)(1)(g) of rule
1501:13-4-05 or paragraph (E)(1)(f) of rule 1501:13-4-14 of the Administrative
Code alternative methods of sediment control as the best technology currently
available.
(f) When a siltation structure is removed, the land on which the
siltation structure was located shall be regraded and revegetated in accordance
with the reclamation plan and rule 1501:13-9-15 of the Administrative
Code.
(3) Sedimentation
ponds.
(a) 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 approved
by the chief; and
(iii) Be designed,
constructed, and maintained to:
(a) Provide adequate
sediment storage volume;
(b) Provide adequate
detention time to allow the effluent from the ponds to meet state and federal
effluent limitations;
(c) Contain or treat the
ten-year twenty-four hour precipitation event ("design event") unless
a lesser design event is approved by the chief based on terrain, climate, other
site-specific conditions and on a demonstration by the operator that the
effluent limitations of this rule will be met;
(d) Provide a nonclogging
dewatering device adequate to maintain the detention time required under
paragraph (G)(3)(a)(iii)(b) of this rule;
(e) Minimize, to the
extent possible, short circuiting;
(f) Provide periodic
sediment removal sufficient to maintain adequate volume for the design
event;
(g) Ensure against
excessive settlement;
(h) Be free of sod, large
roots, frozen soil, and acid- or toxic-forming coal-mine waste;
and
(i) Be compacted
properly.
(4) Other treatment
facilities.
(a) Other treatment facilities shall be designed to treat the
ten-year, twenty-four-hour precipitation event unless a lesser design event is
approved by the chief based on terrain, climate, other site-specific conditions
and a demonstration by the operator that the effluent limitations of this rule
will be met.
(b) Other treatment facilities shall be designed in accordance
with the applicable requirements of paragraph (G)(3) of this rule.
(H) Impoundments.
(1) General requirements.
The requirements of paragraph (H)(1) of this rule apply to both temporary and
permanent impoundments.
(a) Impoundments meeting the criteria of 30 C.F.R. 77.216(a) or
the significant hazard potential or high hazard potential classification
(formerly called class B or C) criteria for dams in the U.S. department of
agriculture, natural resources conservation service technical release
TR-210-60, "Earth Dams and Reservoirs," March 2019, (which is hereby
incorporated by reference) shall comply with the design and construction
requirements of paragraph (H) of this rule and either paragraphs (H)(1) and
(H)(2) of rule 1501:13-4-05 or paragraphs (H)(1) and (H)(2) of rule
1501:13-4-14 of the Administrative Code. Copies of technical release TR-210-60
may be obtained from the "USDA Natural Resources Conservation Service
eDirectives" webpage, https://directives.sc.egov.usda.gov/. Copies can be
inspected at the division of mineral resources management headquarters office
at 2045 Morse road, building H, Columbus, Ohio 43229.
(b) Design certification. The design of impoundments shall be
certified in accordance with rule 1501:13-4-05 or 1501:13-4-14 of the
Administrative Code as designed to meet the requirements of this rule using
current, prudent, engineering practices and any design criteria established by
the chief.
(c) Stability.
(i) Impoundments meeting
the criteria of 30 C.F.R. 77.216(a) or the significant hazard potential or high
hazard potential classification (formerly called class B or C) criteria for
dams in technical release TR-210-60 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
meeting the criteria of paragraph (H)(1)(c)(i) of this rule, except for coal
mine waste impounding structures, shall have a minimum static safety factor of
1.3 for a normal pool with steady state seepage saturation conditions or be
designed in accordance with paragraph (H)(2)(c) of rule 1501:13-4-05 or
paragraph (H)(2)(c) of rule 1501:13-4-14 of the Administrative
Code.
(d) Freeboard. Impoundments shall have adequate freeboard to
resist overtopping by waves and by sudden increases in storage volume.
Impoundments meeting the significant hazard potential or high hazard potential
classification (formerly called class B or C) criteria for dams in technical
release TR-210-60 shall comply with the freeboard hydrograph criteria in
"Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria"
in technical release TR-210-60.
(e) Foundation.
(i) Foundation and
abutments for the impounding structure shall be designed to be stable under all
conditions of construction and operation of the impoundment. For impoundments
meeting the size or other criteria of 30 C.F.R. 77.216(a) or the significant
hazard potential or high hazard potential classification (formerly called class
B or C) criteria for dams in technical release TR-210-60, sufficient foundation
investigations as well as any necessary laboratory testing shall be performed
in order 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.
(f) Slope protection shall be provided to protect against surface
erosion at the site and protect against sudden drawdown.
(g) Faces of embankments and surrounding areas shall be
vegetated, except that faces where water is impounded may be riprapped or
otherwise stabilized in accordance with accepted design practices.
(h)
(i) An impoundment
meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall
include either a combination of principal and emergency spillways or a single
spillway designed and constructed to safely pass a one-hundred-year, six-hour
precipitation event, or greater event as specified by the chief.
(ii) An impoundment not
meeting the size or other qualifying criteria of 30 C.F.R. 77.216(a) shall
include either a combination of principal and emergency spillways or a single
spillway designed and constructed to safely pass a twenty-five-year, six-hour
precipitation event, or greater event as specified by the chief.
(iii) An impoundment
meeting the significant hazard potential or high hazard potential
classification (formerly called class B or C) criteria for dams in technical
release TR-210-60 shall include either a combination of principal and emergency
spillways or a single spillway designed and constructed to safely pass the
design precipitation event using the auxiliary spillway hydrograph criteria in
"Figure 2-2: Table of Minimum Auxiliary Spillway Hydrologic Criteria"
in technical release TR-210-60, or greater event specified by the
chief.
(iv) Impoundments may use a single open-channel spillway designed
and constructed according to paragraph (H)(1)(h)(i), (H)(1)(h)(ii), or
(H)(1)(h)(iii) of this rule if the spillway:
(a) Is of nonerodible
construction and designed to carry sustained flows; or
(b) Is earth- or
grass-lined and designed to carry short-term infrequent flows at nonerosive
velocities where sustained flows are not expected.
(i) The vertical portion of any remaining highwall shall be
located far enough below the low-water line along the full extent of highwall
to provide adequate safety and access for the proposed water users. For
permanent impoundments, the vertical portion of the remaining highwall shall
also meet the requirements of paragraph (H)(2)(d) of this rule.
(j) Inspections. An engineer or other qualified professional
specialist, under the direction of the engineer, shall inspect the impoundment.
The 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
security.
(ii) The engineer shall
promptly, after each inspection, provide to the chief a certified report that
the impoundment has been constructed and maintained as designed in accordance
with the approved plan and these rules. The report shall include discussion of
any appearances of instability, structural weakness or other hazardous
conditions, 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.
(k) Impoundments meeting the significant hazard potential or high
hazard potential classification (formerly called class B or C) criteria for
dams in technical release TR-210-60 or subject to 30 C.F.R. 77.216 must be
examined in accordance with 30 C.F.R. 77.216-3. Other impoundments shall be
examined for appearance of structural weakness and other hazardous conditions
at least quarterly by a qualified person designated by the
operator.
(l) Emergency procedures. If any examination or inspection
discloses that a potential hazard exists, the person who examined the
impoundment shall promptly inform the chief of the finding and of the emergency
procedures formulated for public protection and remedial action. If adequate
procedures cannot be formulated or implemented, the chief shall be notified
immediately. The chief shall then notify the appropriate agencies that other
emergency procedures are required to protect the public.
(2) Permanent
impoundments. A permanent impoundment of water may be created if authorized by
the chief in the approved permit based upon the following
demonstration:
(a) The size and configuration of such impoundment will be
adequate for its intended purposes;
(b) 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;
(c) The water level will be sufficiently stable and be capable of
supporting the intended use;
(d) Final grading will provide for adequate safety and access for
proposed water users. For impoundments where the vertical portion of a highwall
remains, the vertical portion shall be located at least eight feet below the
low-water line;
(e) 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;
(f) The impoundment will be suitable for the approved postmining
land use;
(g) The reduced portion of any highwall shall have a final slope
appropriate for the postmining land use and shall have a minimum static safety
factor of 1.3; and
(h) The face of the reduced portion of any highwall shall be
vegetated with species appropriate for the postmining land use.
(3) Temporary
impoundments. The chief may authorize the construction of temporary
impoundments as part of a mining operation.
(4) Sumps.
(a) Definitions. "Sump" means an excavated temporary
impoundment:
(i) Used as:
(a) A secondary structure
which discharges into a sedimentation pond, provided the sedimentation pond, in
combination with the sump and any other sediment control measures used,
achieves the applicable state and federal effluent limitations; or
(b) A primary structure
to control the runoff from roads or small drainage exemption areas provided by
paragraph (B)(3) of this rule; and
(ii) That has a volume
which is compatible with its role within the complete sediment control
system.
(b) Sumps are exempt from the requirements of paragraphs (H)(1)
to (H)(3) of this rule.
(c) Sump designs shall include size and spillway information and
shall address the stability of the structure with respect to public health and
safety.
(d) Sumps shall be constructed and maintained to prevent, to the
extent possible, additional contributions of suspended solids to runoff outside
the permit area.
(e) Before a sump becomes full of sediment, the sediment shall be
removed, and the original sump capacity restored.
(I) Discharge structures. Discharges from
sedimentation ponds, permanent and temporary impoundments, mine waste disposal
areas, 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 disturbances to
the hydrologic balance. Discharge structures shall be designed according to
standard engineering design procedures.
(J) Acid-forming and toxic-forming spoil.
Drainage from acid-forming and toxic-forming mine waste materials and spoils
into ground and surface water shall be avoided by:
(1) Identifying, burying,
and treating where necessary spoil or other materials that, in the judgment of
the chief, may be detrimental to vegetation or may adversely affect water
quality if not treated or buried;
(2) Preventing water from
coming into contact with acid-forming and toxic-forming materials in accordance
with paragraph (J) of rule 1501:13-9-14 of the Administrative Code, and other
measures as required by the chief; and
(3) Burying or otherwise
treating all acid-forming or toxic-forming spoil within thirty days after it is
first exposed on the mine site, or within a lesser period designated by the
chief. Temporary storage of the spoil may be approved by the chief upon finding
that burial or treatment within thirty days is not feasible and will not result
in any material risk of water pollution or other environmental damage. Storage
shall be limited to the period until burial or treatment becomes feasible.
Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable
material and protected from erosion and contact with surface
water.
(K) Ground-water protection.
(1) Backfilled materials
shall be placed so as to minimize contamination of ground-water systems with
acid, toxic, or otherwise harmful mine drainage, minimize adverse effects of
mining on ground-water systems outside the permit area, and to support approved
postmining land uses.
(2) To control the
effects of mine drainage, pits, cuts, and other mine excavations or
disturbances shall be located, designed, constructed, and utilized in such
manner as to prevent or control discharge of acid, toxic, or otherwise harmful
mine drainage waters into ground-water systems and to prevent adverse impacts
on such ground-water systems or on approved postmining land uses.
(L) Protection of ground-water recharge
capacity. Other than underground mining operations, all coal mining operations
shall be conducted in a manner that facilitates reclamation which will restore
approximate premining recharge capacity, through restoration of the capability
of the reclaimed areas as a whole, excluding coal processing waste and
underground development waste disposal areas and fills, to transmit water to
the ground-water system. The recharge capacity shall be restored to a condition
which:
(1) Supports the approved
postmining land use;
(2) Minimizes
disturbances to the prevailing hydrologic balance in the permit and adjacent
areas; and
(3) Provides a rate of
recharge that approximates the premining recharge rate.
(M) Surface water protection. In order to
protect the hydrologic balance, mining operations shall be conducted according
to the plan approved under paragraph (E) of rule 1501:13-4-05 or paragraph (E)
of rule 1501:13-4-14 of the Administrative Code, 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 rule, then the operator 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 paragraph (E) of
rule 1501:13-4-05 or paragraph (E) of rule 1501:13-4-14 of the Administrative
Code.
(N) Surface and ground-water
monitoring.
(1) Ground-water
monitoring.
(a) Surface mining operators shall monitor ground-water levels
and the quality of ground water at least quarterly or more frequently as
prescribed by the chief, in accordance with the ground-water monitoring plan
approved under paragraph (F)(1) of rule 1501:13-4-05 of the Administrative
Code, to determine the effects of the coal mining operations on the recharge
capacity of reclaimed lands and on the quality and quantity of water in
ground-water systems in the permit and adjacent areas.
(i) Monitoring shall
include measurements from a sufficient number of wells and springs that are
adequate to reflect changes in ground-water quality and quantity resulting from
those operations.
(ii) Monitoring shall be
adequate to plan for modification of coal mining operations, if necessary, to
minimize disturbance of the prevailing hydrologic balance.
(iii) As specified and
approved by the chief, the person who conducts surface mining operations shall
conduct additional hydrologic tests, including drilling, infiltration tests,
and aquifer tests and shall submit the results to the chief, to demonstrate
compliance with paragraphs (K) to (N) of this rule.
(b) Underground mining operators shall monitor, at least
quarterly or more frequently as prescribed by the chief, the quality and
quantity of ground water in the permit and adjacent areas in accordance with
the ground-water monitoring plan approved under paragraph (F)(1) of rule
1501:13-4-14 of the Administrative Code. Monitoring of an area shall begin one
year before the area is mined, shall continue during mining, and shall continue
for at least one year after the area is mined, unless the chief determines that
monitoring for a shorter period will allow accurate assessment of the impacts
on the ground water of the area.
(c) Ground-water monitoring shall result in quarterly or more
frequent reports to the chief, submitted within two weeks following the close
of the quarter, to include analytical results from each sample taken during the
quarter. Any sample results which indicate a permit violation shall be reported
immediately to the chief, and the operator shall immediately take the actions
provided in the approved mining plan pursuant to paragraph (H) of rule
1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of
rule 1501:13-4-14 of the Administrative Code.
(2) Surface-water
monitoring.
(a) All surface and underground mining operators shall monitor
pond discharges for the national pollutant discharge elimination system (NPDES)
permit quarterly in accordance with the monitoring plan submitted under either
paragraph (F)(2) of rule 1501:13-4-05 or paragraph (F)(2) of rule 1501:13-4-14
of the Administrative Code and approved by the chief. Monitoring
shall:
(i) Be adequate to
measure and record accurately water quantity and quality of the discharges from
the permit area;
(ii) Include notification
to the chief of all analytical results of sample collections indicating
non-compliance with a permit condition or applicable standard within five days
of receipt of such results. If there is a failure to comply with an effluent
limitation set forth in a NPDES permit, the person who conducts coal mining
operations shall forward the analytical results concurrently with the written
notice of non-compliance; and
(iii) Result in quarterly
reports to the chief submitted within two weeks following the close of the
quarter, to include analytical results from each sample taken during the
quarter. Any sample results which indicate a permit violation will be reported
immediately to the chief, and the operator shall immediately take the actions
provided in the approved mining plan pursuant to paragraph (H) of rule
1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of
rule 1501:13-4-14 of the Administrative Code.
(b) The chief may require additional surface-water monitoring to
be conducted quarterly on the permit or adjacent areas in accordance with the
monitoring plans submitted under paragraph (F)(2) of rule 1501:13-4-05 or
paragraph (F)(2) of rule 1501:13-4-14 of the Administrative Code and approved
by the chief. The chief shall determine the nature of the data and reporting
requirements. Monitoring shall:
(i) Be adequate to
measure and record accurately water quantity and quality;
(ii) Include notification
to the chief of all analytical results of sample collections indicating
non-compliance with a permit condition within five days of receipt of such
results; and
(iii) Result in quarterly
reports to the chief, submitted within two weeks following the close of the
quarter, to include analytical results from each sample taken during the
quarter. Any sample results which indicate a permit violation will be reported
immediately to the chief, and the operator shall immediately take the actions
provided in the approved mining plan pursuant to paragraph (H) of rule
1501:13-5-01 and either paragraph (E) of rule 1501:13-4-05 or paragraph (E) of
rule 1501:13-4-14 of the Administrative Code.
(3) Duration of and
modifications to monitoring.
(a) Monitoring for ground water and surface water shall be
conducted throughout mining and reclamation until final performance security
release unless the chief determines, pursuant to paragraph (N)(3)(b)(ii) of
this rule, that monitoring is no longer necessary.
(b) Any modification of the monitoring requirements of paragraph
(N) of this rule, including the parameters covered and the sampling frequency,
shall be made by means of a permit revision pursuant to paragraph (E) of rule
1501:13-4-06 of the Administrative Code. A permit revision may be obtained
pursuant to this paragraph if the operator demonstrates, using the monitoring
data of this rule, 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 paragraph (F) of rule 1501:13-4-05 or paragraph (F) of rule
1501:13-4-14 of the Administrative Code.
(O) Transfer of wells. Before final
release of performance security, exploratory or monitoring wells shall be
sealed in a safe and environmentally sound manner in accordance with rule
1501:13-9-02 of the Administrative Code. With the prior approval of the chief,
wells may be transferred to another party for further use. At a minimum, the
conditions of such transfer shall comply with state and local law and the
permittee shall remain responsible for the proper management of the well in
accordance with rule 1501:13-9-02 of the Administrative Code until performance
security release.
(P) Water rights and
replacement.
(1) Any person who
conducts coal mining operations shall:
(a) Replace the water supply of an owner of interest in real
property who obtains all or part of his or her supply of water for domestic,
agricultural, industrial, or other legitimate use from an underground or
surface source, where the water supply has been affected by contamination,
diminution, or interruption proximately resulting from the coal mining
operations; and
(b) Reimburse the owner for the reasonable cost of obtaining a
water supply from the time of the contamination, diminution or interruption by
the operation until the water supply is replaced.
(2) The hydrologic
information required in paragraphs (B) to (G) of rule 1501:13-4-04 or
paragraphs (B) to (G) of rule 1501:13-4-13 of the Administrative Code shall, at
a minimum, be used to determine the extent of the impact of mining on ground
and surface water.
(Q) Discharge of water into underground
mines.
(1) Discharges into an
underground mine are prohibited, unless specifically approved by the chief
after a demonstration that the discharge will:
(a) Minimize disturbance to the hydrologic balance on the permit
area, prevent material damage outside the permit area and otherwise eliminate
public hazards resulting from surface mining operations;
(b) Not result in a violation of applicable water quality
standards or effluent limitations;
(c) Be at a known rate and quality which shall meet the effluent
limitations of this rule for pH and total suspended solids, except that the pH
and total suspended solids limitations may be exceeded, if approved by the
chief; and
(d) Meet with the approval of MSHA.
(2) Discharges shall be
limited to the following:
(a) Water;
(b) Coal processing waste;
(c) Fly ash from a coal-fired facility;
(d) Sludge from an acid-mine-drainage treatment
facility;
(e) Flue-gas desulfurization sludge;
(f) Inert material used for stabilizing underground mines;
and
(g) Underground mine development wastes.
(R) Postmining rehabilitation of
sedimentation ponds, diversions, impoundments and treatment facilities. Before
abandoning a permit area or seeking performance security release, the operator
shall ensure that all temporary structures are removed and reclaimed, and that
all permanent sedimentation ponds, diversions, impoundments, and treatment
facilities meet the requirements of these rules for permanent structures, have
been maintained properly, and meet the requirements of the approved reclamation
plan for permanent structures and impoundments. The operator shall renovate
such structure if necessary to meet requirements of these rules and to conform
to the approved reclamation plan.
(S) For dates of federal rules and
federal laws referenced in this rule, see rule 1501:13-1-14 of the
Administrative Code.