Current through Register Vol. 48, No. 3, March 22, 2024
A. Minimum standards
for final slopes in all excavations in soil, sand, gravel, or other
unconsolidated materials.
The final slopes in all excavations in soil, sand, gravel and
other unconsolidated materials shall be at such an angle as to minimize the
possibility of slides and be consistent with the future use of the land and
shall not be steeper than 3H:1V, unless approved by the Department.
B. Minimum safety standards for
excavations.
(1) Provisions for safety to
persons and to adjoining property must be provided in all excavations. If
deemed necessary by the Department, other appropriate provisions may be
required, including but not limited to, fences, guardrails, sloping, warning
signs and other protective measures.
(2) Safety to adjoining property shall be
provided by adequate setback, slope angles, or other provisions as deemed
necessary by the Department. If necessary to provide safety, mine operators may
be required to leave a minimum undisturbed buffer zone between the mine
excavation and contiguous property line or highway right-of-way, unless other
safety provisions are approved by the Department.
C. Minimum standards for the configuration of
overburden and spoil banks.
In open cast mining operations, all overburden and spoil shall be
left in a configuration which is in accordance with accepted conservation
practices and which is suitable for the proposed subsequent use of the land.
Side slopes of spoil banks, peaks, ridges, and refuse shall not be steeper than
3H:1V, unless approved by the Department.
D. Minimum standards for pools of water,
streams, lakes, ponds and marshlands.
(1) In
no event shall any provision of the Act be construed to allow small pools of
water that are, or are likely to become noxious, odious, or foul to collect or
remain on the mined land. Lakes, ponds, wetlands or marshlands shall be
considered adequately reclaimed lands when approved by the
Department.
(2) Suitable drainage
ditches, conduits, or surface gradient shall be constructed to avoid collection
of noxious, odious, or foul pools of water.
(3) Those portions of the reclamation plan
involving lakes and ponds shall be approved if:
(a) A supply of water sufficient to maintain
the approximate design pool elevation in accordance with the reclamation plan
is available. In all cases, a sufficient water supply shall be available to
maintain a minimum water depth of four (4) feet on at least fifty (50) percent
of the surface area of the lake or pond unless the lake or pond is to be used
for aquaculture;
(b) Side slopes no
steeper than 3H:1V extending to the anticipated average water level except for
excavations in rock or where other special considerations are approved by the
Department;
(c) Structures
impounding a lake or pond conform to standards set forth in requirements
promulgated under the Dams and Reservoirs Safety Act or designed by a
professional engineer;
(d) All
waters shall conform to standards set forth by the South Carolina Department of
Health and Environmental Control for surface waters in South Carolina. The
specified standards will not be considered violated when values outside the
established limits are caused by natural conditions and when no significant
environmental harm would result;
(e) Waters designated for fishing lakes shall
have at least twenty (20) percent of the total surface area less than six (6)
feet deep, with an average minimum depth of three (3) feet;
(f) Water designated for use in water contact
sports shall meet the following conditions: all areas within five feet of the
lowest expected water level shall be cleared of all stumps, logs, and other
debris, and there shall be no sudden dropoffs or deep holes. A three-foot deep
shelf around the shore line is permissible for control of aquatic
vegetation;
(g) Water designated to
be used as waterfowl areas shall have a means of controlling the water level so
that at least fifty (50) percent of the area can be either drained or flooded,
unless otherwise approved by the Department;
(h) Water areas designated for other uses,
such as for aesthetics, irrigation, stock watering, aquaculture, marshlands, or
wetlands, shall be considered adequately reclaimed upon approval by the
Department.
(4) Stream
banks are adequately reclaimed when returned to the approximate original slope
and vegetated. Such reclamation shall be done in a manner so as not to
adversely affect downstream areas.
E. Minimum standards for cropland.
Slopes and the condition of the surface must be such that
commonly used farm machinery can cultivate, maintain, and harvest the area
safely. Conservation practices essential for controlling erosion and sediment
must be established, unless waived by the Department.
F. Minimum standards for grassland.
The operator shall establish on a continuing basis the vegetative
cover and soil stability appropriate to the area. Conservation practices
essential for controlling both on-site and off-site erosion and siltation must
be established. A minimum of seventy-five (75) percent vegetative ground cover,
with no substantial bare spots, must be established and maintained into the
second growing season. Where the Department finds that because of special soil
conditions it is not feasible to establish a minimum of seventy-five (75)
percent ground cover, it may approve a reclamation plan consistent with the
original soil condition.
G.
Minimum standards for woodland.
(1) The
operator shall establish on a continuing basis the vegetative cover and soil
stability appropriate to the area. Conservation practices essential for
controlling both on-site and off-site erosion and siltation must be
established.
(2) Areas reclaimed to
woodland must be planted or seeded with respect to species selection, spacing,
and ground preparation, according to the recommendations of the South Carolina
Commission of Forestry or a registered forester.
(a) Survival meeting the recommendations of
the South Carolina Commission of Forestry or a registered forester with no
substantial bare spots must be achieved through one full growing
season;
(b) Ground cover or other
conservation practices shall be required in areas where erosion will be active
until the trees or shrubs establish a ground cover from their own litter.
Ground cover may be annual or perennial vegetation, or mulching. The
requirement for ground cover may be omitted in sandy areas if the reclaimed
area has a closed drainage system as long as temporary measures are used to
prevent significant erosion and siltation within such areas.
H. Minimum standards
for managed wildlife habitat.
Successful reclamation of this type requires highly specialized
studies and the operator should work closely with the Department or other
conservation agencies in planning and installing such a project. Approval of
reclamation of this type will be considered on a case-by-case basis.
I. Minimum standards for
reclamation involving a sanitary landfill or other waste disposal.
The Department will refer this type of reclamation over to the
South Carolina Department of Health and Environmental Control for permitting,
administration and enforcement of operational and monitoring requirements. When
the Department receives notice that the South Carolina Department of Health and
Environmental Control's requirements have been met, the Department will then
release all or the appropriate portion of the operator's surety bond or other
security, provided that the operator has established on a continuing basis the
vegetative or other ground cover necessary to control or prevent erosion, the
soil stability, and the water and safety conditions, appropriate to the area as
required by these regulations.
J. Other reclamation.
Mined land can be reclaimed to many other uses. The Department
shall encourage and work with operators desiring to reclaim land to
unconventional and innovative post-mining uses of affected lands. Such
reclamation may be for recreational, developmental, educational or other
uses.
K. Notwithstanding
any other provision in this regulation or any other applicable regulation
issued pursuant to Section
48-20-210
of the Act, the criteria for completed reclamation under an approved
reclamation plan, as it pertains to any surety, shall be that criteria set
forth in the regulations in effect at the time of the issuance of the mining
permit and approved reclamation plan or that criteria in effect at the time of
approval of any modification of the mining permit or reclamation plan provided
the surety has consented hereto.
