Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 25 - DEPARTMENT OF ENERGY
Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS
Part 816 - Permanent Program Performance Standards-Surface Mining Activities
Section 4VAC25-130-816.71 - Disposal of excess spoil; general requirements
Universal Citation: 4 VA Admin Code 25-130-816-71
Current through Register Vol. 41, No. 3, September 23, 2024
(a) General. Excess spoil shall be placed in designated disposal areas within the permit area, in a controlled manner to-
(1) Minimize the adverse effects of leachate
and surface water runoff from the fill on surface and ground waters;
(2) Ensure mass stability and prevent mass
movement during and after construction; and
(3) Ensure that the final fill is suitable
for reclamation and revegetation compatible with the natural surroundings and
the approved postmining land use.
(b) Design certification.
(1) The fill and appurtenant structures shall
be designed using current, prudent engineering practices and any criteria
established by the division as necessary to achieve the standards of this Part.
A qualified registered professional engineer experienced in the design of earth
and rock fills shall certify the design of the fill and appurtenant
structures.
(2) The fill shall be
designed to attain a minimum long-term static safety factor of 1.5. The
foundation and abutments of the fill must be stable under all conditions of
construction.
(c) Location. The disposal area shall be located on the most moderately sloping and naturally stable areas available, as approved by the division, 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) Sufficient foundation investigations, as
well as any necessary laboratory testing of foundation material, 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.
(2)
Where the slope in the disposal area is in excess of 2.8h:1v (36 percent), or
such lesser slope as may be designated by the division based on local
conditions, keyway cuts (excavations to stable bedrock) or rock toe buttresses
shall be constructed to ensure stability of the fill. Where the toe of the
spoil rests on a downslope, stability analyses shall be performed in accordance
with 4VAC25-130-780.35(c) 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 4VAC25-130-816.22. If approved by the
division, 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)
Excess spoil shall be transported and placed in a controlled manner in
horizontal lifts not exceeding four feet in thickness; concurrently compacted
as necessary to ensure mass stability and to prevent mass movement during and
after construction; graded so that surface and subsurface drainage is
compatible with the natural surroundings; and covered with topsoil or
substitute material in accordance with 4VAC25-130-816.22. The division may
approve a design which incorporates placement of excess spoil in horizontal
lifts greater than four feet in thickness when it is demonstrated by the
permittee and certified by a qualified registered professional engineer that
the design will ensure the stability of the fill and will meet all other
applicable requirements.
(3) 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. The grade of the outslope between terrace
benches shall not be steeper than 2h:1v (50 percent). Terraces, if constructed,
shall be no less than 20 feet in width and the vertical distance between
terraces shall not exceed 50 feet. Terraces on the fill shall be graded with a
minimum 3.0% grade toward the fill and a minimum 1.0% slope toward the drainage
control system.
(4) No permanent
impoundments are allowed on the completed fill. Small depressions may be
allowed by the division if they are needed to retain moisture, minimize
erosion, create and enhance wildlife habitat, or assist revegetation; and if
they are not incompatible with the stability of the fill.
(5) Excess spoil that is acid- or
toxic-forming or combustible shall be adequately covered with nonacid, nontoxic
and noncombustible material, or treated, to control the impact on surface and
ground water in accordance with 4VAC25-130-816.41, to prevent sustained
combustion, and to minimize adverse effects on plant growth and the approved
postmining land use.
(f) Drainage control.
(1) If the disposal area
contains springs, natural or manmade 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 4VAC25-130-816.43.
(3) Underdrains shall consist of durable rock
or pipe, be designed and constructed using current, prudent engineering
practices and any criteria established by the division as necessary to achieve
the standards of this Part. 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-, nontoxic-forming rock
(e.g., natural sand and gravel, sandstone, limestone, or other durable rock)
that does not slake in water or degrade to soil material, and which 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) Inspections. A qualified registered professional engineer, or other qualified professional specialist under the direction of the professional engineer, shall periodically inspect the fill during construction. The professional engineer and 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:
(i) Foundation preparation, including the
removal of all organic material and topsoil;
(ii)placement of under drains and protective
filter systems;
(iii)installation
of final surface drainage systems; and
(iv)the final graded and revegetated fill.
Regular inspections by the engineer or specialist shall also be conducted
during placement and compaction of fill materials.
(2) The qualified registered professional
engineer shall provide a certified report to the division within two weeks
after each inspection that the fill has been constructed and maintained as
designed and in accordance with the approved plan and this chapter. The report
shall include appearances of instability, structural weakness, and other
hazardous conditions.
(3)
(i) 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.
(ii) Where 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
4VAC25-130-816.73, color photographs shall be taken of the underdrain as the
underdrain system is being formed.
(iii) 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 specifically and clearly identify the site.
(4) A copy of each inspection
report shall be retained at or near the mine site.
(i) Coal mine waste. Coal mine waste may be disposed of in excess spoil fills if approved by the division and, if such waste is-
(1) Placed in accordance with
4VAC25-130-816.83;
(2) Nontoxic and
nonacid forming; and
(3) Of the
proper characteristics to be consistent with the design stability of the
fill.
(j) Underground disposal. Excess spoil may be disposed of in underground mine workings, but only in accordance with a plan approved by the division and MSHA under 4VAC25-130-784.25.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
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