Ohio Administrative Code
Title 1501:13 - Division of Mineral Resources Management - Coal
Chapter 1501:13-9 - Identification of Mine Area: Environmental Integrity; Postmining Use of Land
Section 1501:13-9-07 - Disposal of excess spoil
Universal Citation: OH Admin Code 1501:13-9-07
Current through all regulations passed and filed through September 16, 2024
(A) The objective of this rule is to ensure mass stability and protection from erosion and minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters, using current, recognized engineering standards and practices as evaluated and approved by the chief.
(B) Design certification. The fill and appurtenant structures shall be designed using current, prudent engineering practices and shall meet the design criteria established in this rule. An engineer experienced in the design of earth and rock fills shall certify the design of the fill and appurtenant structures.
(C) Location. If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the chief, the spoil could be placed in compliance with the requirements of Chapter 1513. of the Revised Code and these rules, 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) The foundation and abutments of the fill
must be stable under all conditions of construction.
(2) Sufficient foundation investigations, as
well as any necessary laboratory testing of foundation material, as deemed
needed by the certifying engineer, 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.
The chief may require additional foundation investigations and laboratory
testing.
(3) Where the slope along
the profile in the disposal area is in excess of 2.8 h:1v, keyway cuts or rock
toe buttresses shall be constructed to ensure stability of the fill. Where the
toe of the spoil rests on a downslope in excess of 2.8 h:1v, stability analyses
shall be performed in accordance with paragraph (N)(3) of rule
1501:13-4-05
or paragraph (P)(3) of rule
1501:13-4-14
of the Administrative Code 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 rule
1501:13-9-03 of
the Administrative Code. If approved by the chief, 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) All backfilling and grading requirements
shall be met by placements of spoil. Face slopes shall not exceed 2h:1v. The
grade of the outslope between terrace benches shall not be steeper than
2h:1v.
(3)
(a) Excess spoil shall be:
(i) Transported and placed in a controlled
manner in horizontal lifts not exceeding four feet in thickness;
(ii) Concurrently compacted as necessary to
ensure mass stability and to prevent mass movement during and after
construction;
(iii) Graded so that
surface and subsurface drainage is compatible with natural surroundings;
and
(iv) Covered with topsoil or
substitute material in accordance with rule
1501:13-9-03 of
the Administrative Code.
(b) The chief may approve a design which
incorporates placement of excess spoil in horizontal lifts other than four feet
in thickness when it is demonstrated by the operator and certified by an
engineer that the design will ensure the stability of the fill and will meet
all other applicable requirements.
(4) The fill shall be designed to attain a
minimum long-term static safety factor of 1.5.
(5) 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.
(6) No permanent impoundments
shall be allowed on the completed fill. Small depressions may be allowed by the
chief if they are needed to retain moisture, minimize erosion, create and
enhance wildlife habitat, or assist revegetation, and are not incompatible with
stability of the fill.
(7) Excess
spoil that is acid- or toxic-forming or combustible shall be disposed of in
accordance with paragraph (J) of rule
1501:13-9-04
of the Administrative Code.
(F) Drainage control.
(1) If the disposal area contains springs,
natural or man-made 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 paragraphs (F) and (I) of rule
1501:13-9-04
of the Administrative Code.
(3)
Underdrains shall consist of durable rock or pipe and be designed and
constructed using current, prudent engineering practices. The underdrain system
shall be designed to carry the anticipated seepage of water due to rainfall
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- and
nontoxic-forming rock such as natural sand and gravel, sandstone or limestone,
that does not slake in water or degrade to soil material, and that 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) Excess spoil may be used outside the permit area to reclaim unreclaimed mined lands adjacent to the permit area under a reclamation contract executed pursuant to section 1513.27 or 1513.37 of the Revised Code, provided that:
(1) If the unreclaimed lands
are abandoned mined lands, they are eligible for reclamation under section
1513.27 or
1513.37 of the Revised
Code;
(2) The excess spoil is
placed in an environmentally and technically sound manner and will constitute
sound engineering practices; and
(3) The excess spoil is placed where it will
not destroy or degrade features of environmental value.
(I) Inspections. An engineer, or other qualified professional specialist under the direction of the engineer, shall periodically inspect the fill during construction. The engineer or 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:
(a) Foundation preparation, including the
removal of organic material and topsoil;
(b) Placement of underdrains and protective
filter systems;
(c) Installation of
final surface drainage systems; and
(d) The final graded and revegetated
fill.
(2) Regular
inspections by the engineer or specialist shall also be conducted during
placement and compaction of fill materials.
(3) The engineer shall provide a certified
report to the chief promptly after each inspection certifying that the fill has
been constructed and maintained as designed and in accordance with the approved
plan, Chapter 1513. of the Revised Code and these rules. Each report shall
include appearances of instability, structural weakness, and other hazardous
conditions. The report after inspection of the final graded and revegetated
fill shall certify, in addition, that the fill is expected to remain stable
with the required safety factor.
(4) Photographs.
(a) 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.
(b) When 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 paragraph (N) of this rule,
color photographs shall be taken of the underdrain as the underdrain system is
being formed.
(c) 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 identify the site specifically and
clearly.
(5) A copy of
each inspection report shall be retained at or near the mine site.
(J) Coal mine waste. Coal mine waste may be disposed of in excess spoil fills if approved by the chief and if such waste is:
(1) Placed in accordance with
rule
1501:13-9-09
of the Administrative Code;
(2)
Nontoxic- and nonacid-forming; and
(3) Of the proper characteristics to be
consistent with the design stability of the fill.
(K) Underground disposal. Excess spoil may be disposed of in underground mine workings, but only in accordance with a plan approved by the chief and MSHA under paragraphs (N) and (O) of rule 1501:13-4-14 of the Administrative Code.
(L) Valley fills and head-of-hollow fills. Valley fills and head-of-hollow fills shall meet the requirements of paragraphs (A) to (J) of this rule and the additional requirements of paragraph (L) of this rule.
(1) Drainage control.
(a) The top surface of the completed fill
shall be graded so 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.
(b) 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 paragraphs (F) and (I) of rule
1501:13-9-04
of the Administrative Code and, in addition, to pass safely the runoff from a
one-hundred-year, six-hour precipitation event.
(2) Rock-core chimney drains. A rock-core
chimney drain may be used in a head-of-hollow fill, instead of the underdrain
and surface diversion system normally required, as long as the fill is not
located in an area containing intermittent or perennial streams. A rock-core
chimney drain may be used in a valley fill if the fill does not exceed two
hundred fifty thousand 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:
(a) The fill shall have, along the vertical
projection of the main buried stream channel or rill, a vertical core of
durable rock at least sixteen 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 paragraph (F)(3) of this
rule.
(b) A filter system to ensure
the proper long-term functioning of the rock core shall be designed and
constructed using current, prudent engineering practices.
(c) 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. A drainage pocket may be
maintained at the head of the fill during and after construction, to intercept
surface runoff and discharge the runoff through or over the rock drain, if
stability of the fill is not impaired. In no case shall this pocket or sump
have a potential capacity for impounding more than ten thousand cubic feet of
water. Terraces on the fill shall be graded with a one per cent slope toward
the rock core.
(M) Durable rock fills. The chief may approve an alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met:
(1) Except as provided in paragraph (M)
of this rule, the requirements of paragraphs (A) to (J) of this rule
are met;
(2) The excess spoil
consists of at least eighty per cent, by volume, durable, nonacid- and
nontoxic-forming rock such as natural sand and gravel, sandstone or limestone,
that does not slake in water or degrade to soil material, and that is free of
coal, clay, or other nondurable 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 so that no more than twenty
per cent of the fill volume, as determined by tests performed by an engineer
and approved by the chief, is not durable rock;
(3) An engineer certifies that the design
will ensure the stability of the fill and meet all other applicable
requirements;
(4) The fill is
designed to attain a minimum long-term static safety factor of 1.5 and an
earthquake safety factor of 1.1;
(5) 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; and
(6) 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 paragraphs
(F) and (I) of rule
1501:13-9-04
of the Administrative Code and to safely pass the runoff from a
one-hundred-year, six-hour precipitation event.
(N) Preexisting benches. The chief may approve the disposal of excess spoil through placement on preexisting benches, provided that the following conditions are met:
(1) Except as provided in paragraph (N) of
this rule, the requirements of paragraphs (A) ,
(B), and (E) to (J) of this rule are met;
(2) Excess spoil shall be placed only on the
solid portion of the preexisting bench;
(3) The fill shall be designed, using
current, prudent engineering practices, to attain a long-term static safety
factor of 1.3 for all portions of the fill;
(4) The preexisting bench shall be backfilled
and graded to:
(a) Achieve the most moderate
slope possible which does not exceed the angle of repose; and
(b) Eliminate the highwall to the maximum
extent technically practical; and
(5) 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 chief provided that:
(a) The gravity transport courses are
determined on a site-specific basis by the operator as part of the permit
application and approved by the chief to minimize hazards to health and safety
and to ensure that damage will be minimized between benches, outside the set
course, and downslope of the lower bench should excess spoil accidentally
move;
(b) 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;
(c) 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; and
(d)
Excess spoil shall not be allowed on the downslope below the upper bench except
on designated gravity transport courses which have been properly prepared
according to rules 1501:13-9-03 and
1501:13-9-14 of the Administrative Code. 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 division 1501:13 of the Administrative
Code.
Effective: 1/17/2016
Five Year
Review (FYR) Dates: 11/02/2015 and
01/16/2021
Promulgated
Under: 119.03
Statutory
Authority: 1513.02
Rule
Amplifies: 1513.16
Prior
Effective Dates: 8/28/78, 5/1/80, 8/16/82 (Emer), 10/27/82, 6/30/83, 1/15/87,
10/21/88, 1/1/93
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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