Current through Reg. 50, No. 13; March 28, 2025
(a) General.
Each application shall include a general plan for each proposed sedimentation
pond, 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 professional engineer or by
a qualified professional geoscientist with assistance from experts in related
fields such as land surveying and 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 Commission. The Commission shall have approved, in writing, the detailed
design plan for a structure before construction of the structure
begins.
(2) 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 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) shall:
(A) be prepared by or under the direction of
and certified by a qualified 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) Sedimentation ponds.
(1) Sedimentation ponds, whether temporary or
permanent, shall be designed in compliance with the requirements of §
12.514 of this title (relating to
Hydrologic Balance: Sedimentation Ponds). Any sedimentation pond 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 §
12.517 of this title (relating to
Hydrologic Balance: Permanent and Temporary Impoundments).
(2) Each plan shall, at a minimum, comply
with the requirements of the Mine Safety and Health Administration,
30
C.F.R. 77.216-1 and
30
C.F.R. 77.216-2.
(c) Permanent and temporary impoundments.
(1) Permanent and temporary impoundments
shall be designed to comply with the requirements of §
12.517 of this title (relating to
Hydrologic Balance: Permanent and Temporary Impoundments).
(2) 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
C.F.R. 77.216-1 and
30
C.F.R. 77.216-2. The plan required to be
submitted to the District Manager of MSHA under
30
C.F.R. 77.216 shall be submitted to the
Commission as part of the permit application in accordance with subsection (a)
of this section.
(3) An impoundment
not meeting the size or other criteria applicable under §
12.517(a) of
this title (relating to Hydrologic Balance: Permanent and Temporary
Impoundments) shall have a minimum static safety factor of 1.3 for a normal
pool with steady state seepage saturation conditions.
(d) Coal mine waste banks. Coal mine waste
banks shall be designed to comply with the requirements of §§
12.535-12.538 of this title (relating to
Coal Mine Waste Banks: General Requirements, to Coal Mine Waste Banks: Site
Inspection, to Coal Mine Waste Banks: Water-Control Measures, and to Coal Mine
Waste Banks: Construction Requirements).
(e) Coal mine waste dams and embankments.
Coal mine waste dams and embankments shall be designed to comply with the
requirements of §
12.543 and §
12.544 of this title (relating to
Coal Mine Waste: Dams and Embankments: General Requirements, and to Coal Mine
Waste: Dams and Embankments: Site Preparation). 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 a
qualified professional engineer or qualified professional geoscientist,
according to the following:
(1) the number,
location, and depth of 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;
and
(4) consideration shall be
given to the possibility of mudflows, rock-debris falls, or other landslides
into the dam, embankment, or impounded material.
(f) If the structure is 20 feet or higher or
impounds more than 20 acre-feet, 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.