Current through Vol. 42, No. 1, September 16, 2024
(a)
General. Each application shall include a general plan for each
proposed siltation structure, water impoundment, and coal processing waste
bank, dam, or embankment within the proposed permit area.
(1) Each general plan shall:
(A) Be prepared by, or under the direction
of, and certified by a qualified, registered, professional engineer, with
assistance from experts in related fields such as landscape
architecture;
(B) Contain a
description, map, and cross section of the structure and its
location;
(C) Contain preliminary
hydrologic and geologic information required to assess the hydrologic impact of
the structure;
(D) Contain a survey
describing the potential effect on the structure from subsidence of the
subsurface strata resulting from past underground mining operations if
underground mining has occurred; and
(E) Contain a certification statement which
includes a schedule setting forth the dates when any detailed design plans for
structures that are not submitted with the general plan will be submitted to
the Department. The Department shall have approved, in writing, the detailed
design plan for a structure before construction of the structure
begins.
(2) 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-VT-TR60,
Oct. 1985), "Earth Dams and Reservoirs," Technical Release No. 60 (TR-60) shall
comply with the requirements of this section for structures that meet or exceed
the size or other criteria of the Mine Safety and Health Administration (MSHA).
The technical release is hereby incorporated by reference. This incorporation
by reference was approved by the Director of the Federal Register in accordance
with
5
U.S.C. 552(a) and
1 CFR Part 51. Copies may be
obtained from the National Technical Information Service (NTIS), 5285 Port
Royal Road, Springfield, Virginia 22161, order No. PB 87-157509/AS. Copies can
be inspected at the Oklahoma Department of Mines, 2915 N. Classen Blvd., Suite
213, Oklahoma City, OK 73106. Each detailed design plan for a structure that
meets or exceeds the size or other criteria of the Mine Safety and Health
Administration,
30
CFR 77.216(a) shall:
(A) Be prepared by, or under the direction
of, and certified by a qualified registered professional engineer with
assistance from experts in related fields such as geology, land surveying, and
landscape architecture;
(B) Include
any geotechnical investigation, design, and construction requirements for the
structure;
(C) Describe the
operation and maintenance requirements for each structure; and
(D) Describe the timetable and plans to
remove each structure, if appropriate.
(3) Each detailed design plan for a structure
that does not meet the size or other criteria of
30
CFR 77.216(a) or 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" Technical Release No. 60 (TR-60) shall:
(A) Be prepared by, or under the direction
of, and certified by a qualified, registered, professional engineer;
(B) Include any design and construction
requirements for the structure, including any required geotechnical
information;
(C) Describe the
operation and maintenance requirements for each structure; and
(D) Describe the timetable and plans to
remove each structure, if appropriate.
(b)
Siltation structures.
(1) Siltation structures, whether temporary
or permanent, shall be designed in compliance with the requirements of Section
460:20-45-12 of this Chapter. Any
impoundment or earthen structure which will remain on the proposed permit area
as a permanent water impoundment shall also be designed to comply with the
requirements of Section
460:20-45-24 of this
Chapter.
(2) Each plan shall, at a
minimum, comply with the requirements of the Mine Safety and Health
Administration,
30
CFR 77.216-1 and
77.216-2.
(c)
Permanent and temporary
impoundments. Permanent and temporary impoundments shall be designed to
comply with the requirements of Section
460:20-45-14 of this Chapter.
Each plan shall comply with the requirements of the Mine Safety and Health
Administration,
30
CFR 77.216-1 and
77.216-2.
(1) Each plan for an impoundment meeting the
size or other criteria of the Mine Safety and Health Administration shall
comply with the requirements of
30
CFR 77.216- 1 and
77.216-2.
The plan required to be submitted to the District Manager of MSHA under
30
CFR 77.216 shall be submitted to the
Department as part of the permit application in accordance with Subsection (a)
of this section.
(2) For an
impoundment not meeting the size or other criteria of
30
CFR 77.216(a) or the Class B
or C criteria for dams in TR-60 (210-VI-TR60, Oct. 1985), "Earth Dams and
Reservoirs," or located where failure would not be expected to cause loss of
life or serious property damage, the Department may establish through the State
program approval process engineering design standards that ensure stability
comparable to a 1.3 minimum static safety factor in lieu of engineering tests
to establish compliance with the minimum static safety factor of 1.3 specified
in 460:20-45-14(a)(3)(B)
of this Chapter.
(d)
Coal processing waste banks. Coal processing waste banks shall be
designed to comply with the requirements of Sections
460:20-45-29 through
460:20-45-31 of this
Chapter.
(e)
Coal processing
waste dams and embankments. Coal processing waste banks shall be
designed to comply with the requirements of Sections
460:20-45-29 through
460:20-45-31 of this Chapter.
Each plan shall comply with the requirements of the Mine Safety and Health
Administration,
30
CFR 77.216-1 and
77.216-2,
and shall contain the results of a geotechnical investigation of the proposed
dam or embankment foundation area, to determine the structural competence of
the foundation which will support the proposed dam or embankment structure and
the impounded material. The geotechnical investigation shall be planned and
supervised by an engineer or engineering geologist, according to the following:
(1) The number, location and depth of the
borings and test pits shall be determined using current prudent engineering
practice for the size of the dam or embankment, quantity of material to be
impounded, and subsurface conditions.
(2) The character of the overburden and
bedrock, the proposed abutment sites, and any adverse geotechnical conditions
which may affect the particular dam, embankment, or reservoir site shall be
considered.
(3) All springs,
seepage, and ground-water flow observed or anticipated during wet periods in
the area of the proposed dam or embankment shall be identified on each
plan.
(4) Consideration shall be
given to the possibility of mudflows, rock-debris falls, or other landslides
into the dam, embankment, or impounded material
(f)
Stability analysis. If the
structure meets Class B or C criteria for dams in TR-60 or the size or other
criteria of
30
CFR 77.216(a) then each plan
under Subsections (b), (c), and (e) of this Section shall include a stability
analysis of each structure. The stability analysis shall include, but not be
limited to, strength parameters, pore pressures, and long-term seepage
conditions. The plan shall also contain a description of each engineering
design assumption and calculation with a discussion of each alternative
considered in selecting the specific design parameters and construction
methods.
Amended at 12 Ok Reg
117, eff 9-29-94 through 7-14-95 (emergency); Amended at 12 Ok Reg 3592, eff
10-12-95; Amended at 16 Ok Reg 3526, eff
9-13-99
