710.
Introduction.
711. General
Requirements. Each permit application will include descriptions of:
711.100. Existing hydrologic resources as
given under R645-301-720.
711.200.
Proposed operations and potential impacts to the hydrologic balance as given
under R645-301-730.
711.300. The
methods and calculations utilized to achieve compliance with hydrologic design
criteria and plans given under R645-301-740.
711.400. Applicable hydrologic performance
standards as given under R645-301-750.
711.500. Reclamation activities as given
under R645-301-760.
712.
Certification. All cross sections, maps and plans required by R645-301-722 as
appropriate, and R645-301-731.700 will be prepared and certified according to
R645-301-512.
713. Inspection.
Impoundments will be inspected as described under R645-301-514.300.
720. Environmental Description.
721. General Requirements. Each permit
application will include a description of the existing, premining hydrologic
resources within the proposed permit and adjacent areas that may be affected or
impacted by the proposed coal mining and reclamation operation.
722. Cross Sections and Maps. The application
will include cross sections and maps showing:
722.100. Location and extent of subsurface
water, if encountered, within the proposed permit or adjacent areas. For
UNDERGROUND COAL MINING AND RECLAMATION ACTIVITIES, location and extent will
include, but not limited to areal and vertical distribution of aquifers, and
portrayal of seasonal differences of head in different aquifers on
cross-sections and contour maps;
722.200. Location of surface water bodies
such as streams, lakes, ponds and springs, constructed or natural drains, and
irrigation ditches within the proposed permit and adjacent areas;
722.300. Elevations and locations of
monitoring stations used to gather baseline data on water quality and quantity
in preparation of the application;
722.400. Location and depth, if available, of
water wells in the permit area and adjacent area; and
722.500. Sufficient slope measurements or
contour maps to adequately represent the existing land surface configuration of
proposed disturbed areas for UNDERGROUND COAL MINING AND RECLAMATION ACTIVITIES
and the proposed permit area for SURFACE COAL MINING AND RECLAMATION ACTIVITIES
will be measured and recorded to take into account natural variations in slope,
to provide accurate representation of the range of natural slopes and reflect
geomorphic differences of the area to be disturbed.
723. Sampling and Analysis. All water quality
analyses performed to meet the requirements of R645-301-723 through
R645-301-724.300, R645-301-724.500, R645-301-725 through R645-301-731, and
R645-301-731.210 through R645-301-731.223 will be conducted according to the
methodology in the current edition of "Standard Methods for the Examination of
Water and Wastewater" or the methodology in 40 CFR Parts
136 and
434. Water
quality sampling performed to meet the requirements of R645-301-723 through
R645-301-724.300, R645-301-724.500, R645-301-725 through R645-301-731, and
R645-301-731.210 through R645-301-731.223 will be conducted according to either
methodology listed above when feasible. "Standard Methods for the Examination
of Water and Wastewater" is a joint publication of the American Public Health
Association, the American Water Works Association, and the Water Pollution
Control Federation and is available from the American Public Health
Association, 1015 Fifteenth Street, NW, Washington, D. C. 20036.
724. Baseline Information. The application
will include the following baseline hydrologic, geologic and climatologic
information, and any additional information required by the Division.
724.100. Ground Water Information. The
location and ownership for the permit and adjacent areas of existing wells,
springs and other ground-water resources, seasonal quality and quantity of
ground water, and usage. Water quality descriptions will include, at a minimum,
total dissolved solids or specific conductance corrected to 25 degrees C, pH,
total iron and total manganese. Ground-water quantity descriptions will
include, at a minimum, approximate rates of discharge or usage and depth to the
water in the coal seam, and each water-bearing stratum above and potentially
impacted stratum below the coal seam.
724.200. Surface water information. The name,
location, ownership and description of all surface- water bodies such as
streams, lakes and impoundments, the location of any discharge into any
surface-water body in the proposed permit and adjacent areas, and information
on surface-water quality and quantity sufficient to demonstrate seasonal
variation and water usage. Water quality descriptions will include, at a
minimum, baseline information on total suspended solids, total dissolved solids
or specific conductance corrected to 25 degrees C, pH, total iron and total
manganese. Baseline acidity and alkalinity information will be provided if
there is a potential for acid drainage from the proposed mining operation.
Water quantity descriptions will include, at a minimum, baseline information on
seasonal flow rates.
724.300.
Geologic Information. Each application will include geologic information in
sufficient detail, as given under R645-301-624, to assist in:
724.310. Determining the probable hydrologic
consequences of the operation upon the quality and quantity of surface and
ground water in the permit and adjacent areas, including the extent to which
surface- and ground- water monitoring is necessary; and
724.320. Determining whether reclamation as
required by the R645 Rules can be accomplished and whether the proposed
operation has been designed to prevent material damage to the hydrologic
balance outside the permit area.
724.400. Climatological
Information.
724.410. When
requested by the Division, the permit application will contain a statement of
the climatological factors that are representative of the proposed permit area,
including:
724.411. The average
seasonal precipitation;
724.412.
The average direction and velocity of prevailing winds; and
724.413. Seasonal temperature
ranges.
724.420. The Division may
request such additional data as deemed necessary to ensure compliance with the
requirements of R645-301 and R645-302.
724.500. Supplemental information. If the
determination of the PHC required by R645-301-728 indicates that adverse
impacts on or off the proposed permit area may occur to the hydrologic balance,
or that acid-forming or toxic-forming material is present that may result in
the contamination of ground-water or surface-water supplies, then information
supplemental to that required under R645-301-724.100 and R645-301-724.200 will
be provided to evaluate such probable hydrologic consequences and to plan
remedial and reclamation activities. Such supplemental information may be based
upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing
strata, flood flows, or analysis of other water quality or quantity
characteristics.
724.700. Each
permit application that proposes to conduct coal mining and reclamation
operations within a valley holding a stream or in a location where the permit
area or adjacent area includes any stream will meet the requirements of
R645-302-320.
725.
Baseline Cumulative Impact Area Information.
725.100. Hydrologic and geologic information
for the cumulative impact area necessary to assess the probable cumulative
hydrologic impacts of the proposed coal mining and reclamation operation and
all anticipated coal mining and reclamation operations on surface- and
ground-water systems as required by R645-301-729 will be provided to the
Division if available from appropriate federal or state agencies.
725.200. If this information is not available
from such agencies, then the applicant may gather and submit this information
to the Division as part of the permit application.
725.300. The permit will not be approved
until the necessary hydrologic and geologic information is available to the
Division.
726. Modeling.
The use of modeling techniques, interpolation or statistical techniques may be
included as part of the permit application, but actual surface- and
ground-water information may be required by the Division for each site even
when such techniques are used.
727.
Alternative Water Source Information. If the probable hydrologic consequences
determination required by R645-301-728 indicates that the proposed SURFACE COAL
MINING AND RECLAMATION ACTIVITY may proximately result in contamination,
diminution, or interruption of an underground or surface source of water within
the proposed permit or adjacent areas which is used for domestic, agricultural,
industrial or other legitimate purpose, then the application will contain
information on water availability and alternative water sources, including the
suitability of alternative water sources for existing premining uses and
approved postmining land uses.
728.
Probable Hydrologic Consequences (PHC) Determination.
728.100. The permit application will contain
a determination of the PHC of the proposed coal mining and reclamation
operation upon the quality and quantity of surface and ground water under
seasonal flow conditions for the proposed permit and adjacent areas.
728.200. The PHC determination will be based
on baseline hydrologic, geologic and other information collected for the permit
application and may include data statistically representative of the
site.
728.300. The PHC
determination will include findings on:
728.310. Whether adverse impacts may occur to
the hydrologic balance;
728.320.
Whether acid-forming or toxic-forming materials are present that could result
in the contamination of surface- or ground-water supplies;
728.330. What impact the proposed coal mining
and reclamation operation will have on:
728.331. Sediment yield from the disturbed
area;
728.332. Acidity, total
suspended and dissolved solids and other important water quality parameters of
local impact;
728.333. Flooding or
streamflow alteration;
728.334.
Ground-water and surface-water availability; and
728.335. Other characteristics as required by
the Division; and
728.340. Whether
the proposed SURFACE COAL MINING AND RECLAMATION ACTIVITY will proximately
result in contamination, diminution or interruption of an underground or
surface source of water within the proposed permit or adjacent areas which is
used for domestic, agricultural, industrial or other legitimate purpose;
Or
728.350. Whether the UNDERGROUND
COAL MINING AND RECLAMATION ACTIVITIES conducted after October 24, 1992 may
result in contamination, diminution or interruption of State-appropriated Water
in existence within the proposed permit or adjacent areas at the time the
application is submitted.
728.400.
An application for a permit revision will be reviewed by the Division to
determine whether a new or updated PHC determination will be
required.
729. Cumulative
Hydrologic Impact Assessment (CHIA).
729.100.
The Division will provide an assessment of the probable cumulative hydrologic
impacts of the proposed coal mining and reclamation operation and all
anticipated coal mining and reclamation operations upon surface- and
ground-water systems in the cumulative impact area. The CHIA will be sufficient
to determine, for purposes of permit approval whether the proposed coal mining
and reclamation operation has been designed to prevent material damage to the
hydrologic balance outside the permit area. The Division may allow the
applicant to submit data and analyses relevant to the CHIA with the permit
application.
729.200. An
application for a permit revision will be reviewed by the Division to determine
whether a new or updated CHIA will be required.
730. Operation Plan.
731. General Requirements. The permit
application will include a plan, with maps and descriptions, indicating how the
relevant requirements of R645-301-730, R645-301-740, R645-301-750 and
R645-301-760 will be met. The plan will be specific to the local hydrologic
conditions. It will contain the steps to be taken during coal mining and
reclamation operations through bond release to minimize disturbance to the
hydrologic balance within the permit and adjacent areas; to prevent material
damage outside the permit area; to support approved postmining land use in
accordance with the terms and conditions of the approved permit and performance
standards of R645-301-750; to comply with the Clean Water Act (
33 U.S.C.
1251 et seq.); and to meet applicable federal
and Utah water quality laws and regulations. The plan will include the measures
to be taken to: avoid acid or toxic drainage; prevent to the extent possible
using the best technology currently available, additional contributions of
suspended solids to streamflow; provide water treatment facilities when needed;
and control drainage. For the purposes of SURFACE COAL MINING AND RECLAMATION
ACTIVITIES the plan will include measures to be taken to protect or replace
water rights and restore approximate premining recharge capacity. The plan will
specifically address any potential adverse hydrologic consequences identified
in the PHC determination prepared under R645-301-728 and will include
preventative and remedial measures.
The Division may require additional preventative, remedial or
monitoring measures to assure that material damage to the hydrologic balance
outside the permit area is prevented. Coal mining and reclamation operations
that minimize water pollution and changes in flow will be used in preference to
water treatment.
731.100.
Hydrologic-Balance Protection.
731.110. Ground-Water Protection. In order to
protect the hydrologic balance, coal mining and reclamation operations will be
conducted according to the plan approved under R645-301-731 and the
following:
731.111. Ground-water
quality will be protected by handling earth materials and runoff in a manner
that minimizes acidic, toxic or other harmful infiltration to ground-water
systems and by managing excavations and other disturbances to prevent or
control the discharge of pollutants into the ground water; and
731.112. For the purposes of SURFACE COAL
MINING AND RECLAMATION ACTIVITIES ground-water quantity will be protected by
handling earth materials and runoff in a manner that will restore approximate
premining recharge capacity of the reclaimed area as a whole, excluding coal
mine waste disposal areas and fills, so as to allow the movement of water to
the ground-water system.
731.120.
Surface-Water Protection. In order to protect the hydrologic balance, coal
mining and reclamation operations will be conducted according to the plan
approved under R645-301-731 and the following:
731.121. Surface-water quality will be
protected by handling earth materials, ground-water discharges and runoff in a
manner that minimizes the formation of acidic or toxic drainage; prevents, to
the extent possible using the best technology currently available, additional
contributions of suspended solids to streamflow outside the permit area; and,
otherwise prevent water pollution. If drainage control, restabilization and
revegetation of disturbed areas, diversion of runoff, mulching or other
reclamation and remedial practices are not adequate to meet the requirements of
R645-301-731.100 through R645-301-731.522, R645-301-731.800 and R645-301-751,
the operator will use and maintain the necessary water treatment facilities or
water quality controls; and
731.122. Surface-water quantity and flow
rates will be protected by handling earth materials and runoff in accordance
with the steps outlined in the plan approved under R645-301-731.
731.200. Water Monitoring.
731.210. Ground-Water Monitoring.
Ground-water monitoring will be conducted according to the plan approved under
R645-301-731.200 and the following:
731.211. The permit application will include
a ground-water monitoring plan based upon the PHC determination required under
R645-301-728 and the analysis of all baseline hydrologic, geologic and other
information in the permit application. The plan will provide for the monitoring
of parameters that relate to the suitability of the ground water for current
and approved postmining land uses and to the objectives for protection of the
hydrologic balance set forth in R645-301-731. It will identify the quantity and
quality parameters to be monitored, sampling frequency and site locations. It
will describe how these data may be used to determine the impacts of the
operation upon the hydrologic balance. At a minimum, total dissolved solids or
specific conductance corrected to 25 degrees C, pH, total iron, total manganese
and water levels will be monitored;
731.212. Ground-water will be monitored and
data will be submitted at least every three months for each monitoring
location. Monitoring submittals will include analytical results from each
sample taken during the approved reporting period. When the analysis of any
ground-water sample indicates noncompliance with the permit conditions, then
the operator will promptly notify the Division and immediately take the actions
provided for in R645-300-145 and R645-301-731;
731.213. If an applicant can demonstrate by
the use of the PHC determination and other available information that a
particular water-bearing stratum in the proposed permit and adjacent areas is
not one which serves as an aquifer which significantly ensures the hydrologic
balance within the cumulative impact area, then monitoring of that stratum may
be waived by the Division;
731.214.
Ground-water monitoring will proceed through mining and continue during
reclamation until bond release. Consistent with the procedures of R645-303-220
through R645-303-228, the Division may modify the monitoring requirements
including the parameters covered and the sampling frequency if the operator
demonstrates, using the monitoring data obtained under R645-301-731.214 that:
731.214.1. The coal mining and reclamation
operation has minimized disturbance to the prevailing hydrologic balance in the
permit and adjacent areas and prevented material damage to the hydrologic
balance outside the permit area; water quantity and quality are suitable to
support approved postmining land uses and the SURFACE COAL MINING AND
RECLAMATION ACTIVITY has protected or replaced the water rights of other users;
or
731.214.2. Monitoring is no
longer necessary to achieve the purposes set forth in the monitoring plan
approved under R645-301-731.211.
731.215. Equipment, structures and other
devices used in conjunction with monitoring the quality and quantity of ground
water on-site and off-site will be properly installed, maintained and operated
and will be removed by the operator when no longer needed.
731.220. Surface-Water Monitoring.
Surface-water monitoring will be conducted according to the plan approved under
R645-301-731.220 and the following:
731.221. The permit application will include
a surface-water monitoring plan based upon the PHC determination required under
R645-301-728 and the analysis of all baseline hydrologic, geologic and other
information in the permit application. The plan will provide for the monitoring
of parameters that relate to the suitability of the surface water for current
and approved postmining land uses and to the objectives for protection of the
hydrologic balance as set forth in R645-301-731 as well as the effluent
limitations found in R645-301-751;
731.222. The plan will identify the surface
water quantity and quality parameters to be monitored, sampling frequency and
site locations. It will describe how these data may be used to determine the
impacts of the operation upon the hydrologic balance:
731.222.1. At all monitoring locations in
streams, lakes and impoundments, that are potentially impacted or into which
water will be discharged and at upstream monitoring locations, the total
dissolved solids or specific conductance corrected to 25 degrees C, total
suspended solids, pH, total iron, total manganese and flow will be monitored;
and
731.222.2. For point-source
discharges, monitoring will be conducted in accordance with 40 CFR Parts
122
and
123, R645-301-751 and as required by the Utah Division of Environmental
Health for National Pollutant Discharge Elimination System (NPDES)
permits;
731.223.
Surface-water monitoring data will be submitted at least every three months for
each monitoring location. Monitoring submittals will include analytical results
from each sample taken during the approved reporting period. When the analysis
of any surface water sample indicates noncompliance with the permit conditions,
the operator will promptly notify the Division and immediately take the actions
provided for in R645-300-145 and R645-301-731. The reporting requirements of
this paragraph do not exempt the operator from meeting any National Pollutant
Discharge Elimination System (NPDES) reporting requirements;
731.224. Surface-water monitoring will
proceed through mining and continue during reclamation until bond release.
Consistent with R645-303-220 through R645-303-228, the Division may modify the
monitoring requirements, except those required by the Utah Division of
Environmental Health, including the parameters covered and sampling frequency
if the operator demonstrates, using the monitoring data obtained under
R645-301-731.224 that:
731.224.1. The
operator has minimized disturbance to the hydrologic balance in the permit and
adjacent areas and prevented material damage to the hydrologic balance outside
the permit area; water quantity and quality are suitable to support approved
postmining land uses and the SURFACE COAL MINING AND RECLAMATION ACTIVITY has
protected or replaced the water rights of other users; or
731.224.2. Monitoring is no longer necessary
to achieve the purposes set forth in the monitoring plan approved under
R645-301-731.221.
731.225. Equipment, structures and other
devices used in conjunction with monitoring the quality and quantity of surface
water on-site and off-site will be properly installed, maintained and operated
and will be removed by the operator when no longer needed.
731.300. Acid- and Toxic-Forming
Materials.
731.310. Drainage from
acid- and toxic-forming materials and underground development waste into
surface water and ground water will be avoided by:
731.311. Identifying and burying and/or
treating, when necessary, materials which may adversely affect water quality,
or be detrimental to vegetation or to public health and safety if not buried
and/or treated; and
731.312.
Storing materials in a manner that will protect surface water and ground water
by preventing erosion, the formation of polluted runoff and the infiltration of
polluted water. Storage will be limited to the period until burial and/or
treatment first become feasible, and so long as storage will not result in any
risk of water pollution or other environmental damage.
731.320. Storage, burial or treatment
practices will be consistent with other material handling and disposal
provisions of R645 Rules.
731.400.
Transfer of Wells. Before final release of bond, exploratory or monitoring
wells will be sealed in a safe and environmentally sound manner in accordance
with R645-301-631, R645-301-738, and R645-301-765. With the prior approval of
the Division, wells may be transferred to another party for further use.
However, at a minimum, the conditions of such transfer will comply with Utah
and local laws and the permittee will remain responsible for the proper
management of the well until bond release in accordance with R645-301-529,
R645-301-551, R645-301-631, R645-301-738, and R645-301-765.
731.500. Discharges.
731.510. Discharges into an underground
mine.
731.511. Discharges into an
underground mine are prohibited, unless specifically approved by the Division
after a demonstration that the discharge will:
731.511.1. Minimize disturbance to the
hydrologic balance on the permit area, prevent material damage outside the
permit area and otherwise eliminate public hazards resulting from coal mining
and reclamation operations;
731.511.2. Not result in a violation of
applicable water quality standards or effluent limitations;
731.511.3. Be at a known rate and quality
which will meet the effluent limitations of R645-301-751 for pH and total
suspended solids, except that the pH and total suspended solids limitations may
be exceeded, if approved by the Division; and
731.511.4. Meet with the approval of
MSHA.
731.512.
Discharges will be limited to the following:
731.512.1. Water;
731.512.2. Coal processing waste;
731.512.3. Fly ash from a coal fired
facility;
731.512.4. Sludge from an
acid-mine-drainage treatment facility;
731.512.5. Flue-gas desulfurization
sludge;
731.512.6. Inert materials
used for stabilizing underground mines; and
731.512.7. Underground mine development
wastes.
731.513. Water
from the underground workings of an UNDERGROUND COAL MINING AND RECLAMATION
ACTIVITY may be diverted into other underground workings according to the
requirements of R645-301-731.100 through R645-301-731.522 and
R645-301-731.800.
731.520. Gravity
Discharges from UNDERGROUND COAL MINING AND RECLAMATION ACTIVITIES.
731.521. Surface entries and accesses to
underground workings will be located and managed to prevent or control gravity
discharge of water from the mine. Gravity discharges of water from an
underground mine, other than a drift mine subject to R645-301-731.522, may be
allowed by the Division if it is demonstrated that the untreated or treated
discharge complies with the performance standards of R645-301 and R645-302 and
any additional NPDES permit requirements.
731.522. Notwithstanding anything to the
contrary in R645-301-731.521, the surface entries and accesses of drift mines
first used after January 21, 1981 and located in acid-producing or
iron-producing coal seams will be located in such a manner as to prevent any
gravity discharge from the mine.
731.530. State-appropriated water supply. The
permittee will promptly replace any State-appropriated water supply that is
contaminated, diminished or interrupted by UNDERGROUND COAL MINING AND
RECLAMATION ACTIVITIES conducted after October 24, 1992, if the affected water
supply was in existence before the date the Division received the permit
application for the activities causing the loss, contamination or interruption.
The baseline hydrologic and geologic information required in R645-301-700. will
be used to determine the impact of mining activities upon the water
supply.
731.600. Stream Buffer
Zones.
731.610. No land within 100
feet of a perennial stream or an intermittent stream or an ephemeral stream
that drains a watershed of at least one square mile will be disturbed by coal
mining and reclamation operations, unless the Division specifically authorizes
coal mining and reclamation operations closer to, or through, such a stream.
The Division may authorize such activities only upon finding that:
731.611. Coal mining and reclamation
operations will not cause or contribute to the violation of applicable Utah or
federal water quality standards and will not adversely affect the water
quantity and quality or other environmental resources of the stream;
and
731.612. If there will be a
temporary or permanent stream channel diversion, it will comply with
R645-301-742.300.
731.620. The area
not to be disturbed will be designated as a buffer zone, and the operator will
mark it as specified in R645-301-521.260.
731.700. Cross Sections and Maps. Each
application will contain for the proposed permit area:
731.710. A map showing the locations of water
supply intakes for current users of surface water flowing into, out of and
within a hydrologic area defined by the Division, and those surface waters
which will receive discharges from affected areas in the proposed permit
area;
731.720. A map showing the
locations of each water diversion, collection, conveyance, treatment, storage
and discharge facility to be used. The map will be prepared and certified
according to R645-301-512;
731.730.
A map showing locations and elevations of each station to be used for water
monitoring during coal mining and reclamation operations. The map will be
prepared and certified according to R645-301-512;
731.740. A map showing the locations of each
existing and proposed sedimentation pond, impoundment and coal processing waste
bank, dam or embankment. The map will be prepared and certified according to
R645-301-512;
731.750. Cross
sections for each existing and proposed sedimentation pond, impoundment and
coal processing waste bank, dam or embankment. The cross sections will be
prepared and certified according to R645-301-512.200; and
731.760. Other relevant cross sections and
maps required by the Division depending on the structures and facilities
located in the permit area.
731.800. Water Rights and Replacement. Any
person who conducts SURFACE COAL MINING AND RECLAMATION ACTIVITIES will replace
the water supply of an owner of interest in real property who obtains all or
part of his or her supply of water for domestic, agricultural, industrial, or
other legitimate use from an underground or surface source, where the water
supply has been adversely impacted by contamination, diminution, or
interruption proximately resulting from the surface mining activities. Baseline
hydrologic information required in R645-301-624.100 through R645-301-624.200,
R645-301-625, R645-301-626, R645-301-723 through R645-301-724.300,
R645-301-724.500, R645-301-725 through R645-301-731, and R645-301-731.210
through R645-301-731.223 will be used to determine the extent of the impact of
mining upon ground water and surface water.
732. Sediment Control Measures.
732.100. Siltation Structures. Siltation
structures will be constructed and maintained to comply with R645-301-742.214.
Any siltation structure that impounds water will be constructed and maintained
to comply with R645-301-512.240, R645-301-514.300, R645-301-515.200,
R645-301-533.100 through R645-301-533.600, R645-301-733.220 through
R645-301-733.224, and R645-301-743.
732.200. Sedimentation Ponds.
732.210. Sedimentation ponds whether
temporary or permanent, will be designed in compliance with the requirements of
R645-301-356.300, R645-301-356.400, R645-301-513.200, R645-301-742.200 through
R645-301-742.240, and R645-301-763. Any sedimentation pond or earthen structure
which will remain on the proposed permit area as a permanent water impoundment
will also be constructed and maintained to comply with the requirements of
R645-301-743, R645-301-533.100 through R645-301-533.600, R645-301-512.240,
R645-301-514.310 through R645-301-514.321 and R645-301-515.200.
732.220. Each plan will, at a minimum, comply
with the MSHA requirements given under R645-301-513.100 and
R645-301-513.200.
732.300.
Diversions. All diversions will be constructed and maintained to comply with
the requirements of R645-301-742.100 and R645-301-742.300.
732.400. Road Drainage. All roads will be
constructed, maintained and reconstructed to comply with
R645-301-742.400.
732.410. The
permit application will contain a description of measures to be taken to obtain
Division approval for alteration or relocation of a natural drainageway under
R645-301-358, R645-301-512.250, R645-301-527.100, R645-301-527.230,
R645-301-534.100, R645-301-534.200, R645-301-534.300, R645-301-542.600,
R645-301-742.410, R645-301-742.420, R645-301-752.200, and
R645-301-762.
732.420. The permit
application will contain a description of measures, other than use of a rock
headwall, to be taken to protect the inlet end of a ditch relief culvert, for
Division approval under R645-301-358, R645-301-512.250, R645-301-527.100,
R645-301-527.230, R645-301-534.100, R645-301-534.200, R645-301-534.300,
R645-301-542.600, R645-301-742.410, R645-301-742.420, R645-301-752.200, and
R645-301-762.
733.
Impoundments.
733.100. General Plans. Each
permit application will contain a general plan and detailed design plans for
each proposed water impoundment within the proposed permit area. Each general
plan will:
733.110. Be prepared and
certified as described under R645-301-512;
733.120. Contain maps and cross
sections;
733.130. Contain a
narrative that describes the structure;
733.140. Contain the results of a survey as
described under R645-301-531;
733.150. Contain preliminary hydrologic and
geologic information required to assess the hydrologic impact of the structure;
and
733.160. 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 Division. The Division will have
approved, in writing, the detailed design plan for a structure before
construction of the structure begins.
733.200. Permanent and Temporary
Impoundments.
733.210. Permanent
and temporary impoundments will be designed to comply with the requirements of
R645-301-512.240, R645-301-514.300, R645-301-515.200, R645-301-533.100 through
R645-301-533.600, R645-301-733.220 through R645-301-733.226, R645-301-743.240,
and R645-301-743. Each plan for an impoundment meeting the size or other
criteria of the Mine Safety and Health Administration will comply with the
requirements of
30
CFR
77.216-1 and
30
CFR
77.216-2. The plan required to be
submitted to the District Manager of MSHA under
30
CFR
77.216 will be submitted to the Division
as part of the permit application package. For impoundments not included in
R645-301-533.610 the Division 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
R645-301-533.110.
733.220. A
permanent impoundment of water may be created, if authorized by the Division in
the approved permit based upon the following demonstration:
733.221. The size and configuration of such
impoundment will be adequate for its intended purposes;
733.222. The quality of impounded water will
be suitable on a permanent basis for its intended use and, after reclamation,
will meet applicable Utah and federal water quality standards, and discharges
from the impoundment will meet applicable effluent limitations and will not
degrade the quality of receiving water below applicable Utah and federal water
quality standards;
733.223. The
water level will be sufficiently stable and be capable of supporting the
intended use;
733.224. Final
grading will provide for adequate safety and access for proposed water
users;
733.225. The impoundment
will not result in the diminution of the quality and quantity of water utilized
by adjacent or surrounding landowners for agricultural, industrial,
recreational or domestic uses; and
733.226. The impoundment will be suitable for
the approved postmining land use.
733.230. The Division may authorize the
construction of temporary impoundments as part of coal mining and reclamation
operations.
733.240. If any
examination or inspection discloses that a potential hazard exists, the person
who examined the impoundment will promptly inform the Division according to
R645-301-515.200.
734.
Discharge Structures. Discharge structures will be constructed and maintained
to comply with R645-301-744.
735.
Disposal of Excess Spoil. Areas designated for the disposal of excess spoil and
excess spoil structures will be constructed and maintained to comply with
R645-301-745.
736. Coal Mine Waste.
Areas designated for the disposal of coal mine waste and coal mine waste
structures will be constructed and maintained to comply with
R645-301-746.
737. Noncoal Mine
Waste. Noncoal mine waste will be stored and final disposal of noncoal mine
waste will comply with R645-301-747.
738. Temporary Casing and Sealing of Wells.
Each well which has been identified in the approved permit application to be
used to monitor ground water conditions will comply with R645-301-748 and be
temporarily sealed before use and for the purposes of SURFACE COAL MINING AND
RECLAMATION ACTIVITIES protected during use by barricades, or fences, or other
protective devices approved by the Division. These devices will be periodically
inspected and maintained in good operating condition by the operator conducting
SURFACE COAL MINING AND RECLAMATION ACTIVITIES.
740. Design Criteria and Plans.
741. General Requirements. Each permit
application will include site-specific plans that incorporate minimum design
criteria as set forth in R645-301-740 for the control of drainage from
disturbed and undisturbed areas.
742. Sediment Control Measures.
742.100. General Requirements.
742.110. Appropriate sediment control
measures will be designed, constructed and maintained using the best technology
currently available to:
742.111.
Prevent, to the extent possible, additional contributions of sediment to stream
flow or to runoff outside the permit area;
742.112. Meet the effluent limitations under
R645-301-751; and
742.113. Minimize
erosion to the extent possible.
742.120. Sediment control measures include
practices carried out within and adjacent to the disturbed area. The
sedimentation storage capacity of practices in and downstream from the
disturbed areas will reflect the degree to which successful mining and
reclamation techniques are applied to reduce erosion and control sediment.
Sediment control measures consist of the utilization of proper mining and
reclamation methods and sediment control practices, singly or in combination.
Sediment control methods include, but are not limited to:
742.121. Retaining sediment within disturbed
areas;
742.122. Diverting runoff
away from disturbed areas;
742.123.
Diverting runoff using protected channels or pipes through disturbed areas so
as not to cause additional erosion;
742.124. Using straw dikes, riprap, check
dams, mulches, vegetative sediment filters, dugout ponds and other measures
that reduce overland flow velocities, reduce runoff volumes or trap
sediment;
742.125. Treating with
chemicals; and
742.126. For the
purposes of UNDERGROUND COAL MINING AND RECLAMATION ACTIVITIES, treating mine
drainage in underground sumps.
742.200. Siltation Structures. Siltation
structures shall be designed in compliance with the requirements of
R645-301-742.
742.210. General
Requirements.
742.211. Additional
contributions of suspended solids and sediment to streamflow or runoff outside
the permit area will be prevented to the extent possible using the best
technology currently available.
742.212. Siltation structures for an area
will be constructed before beginning any coal mining and reclamation operations
in that area and, upon construction, will be certified by a qualified
registered professional engineer to be constructed as designed and as approved
in the reclamation plan.
742.213.
Any siltation structure which impounds water will be designed, constructed and
maintained in accordance with R645-301-512.240, R645-301-514.300,
R645-301-515.200, R645-301-533.100 through R645-301-533.600, R645-301-733.220
through R645-301-733.224, and R645-301-743.
742.214. For the purposes of UNDERGROUND COAL
MINING AND RECLAMATION ACTIVITIES, any point-source discharge of water from
underground workings to surface waters which does not meet the effluent
limitations of R645-301-751 will be passed through a siltation structure before
leaving the permit area.
742.220.
Sedimentation Ponds.
742.221.
Sedimentation ponds, when used, will:
742.221.1. Be used individually or in
series;
742.221.2. Be located as
near as possible to the disturbed area and out of perennial streams unless
approved by the Division; and
742.221.3. Be designed, constructed, and
maintained to:
742.221.31. Provide
adequate sediment storage volume;
742.221.32. Provide adequate detention time
to allow the effluent from the ponds to meet Utah and federal effluent
limitations;
742.221.33. Contain or
treat the 10-year, 24-hour precipitation event ("design event") unless a lesser
design event is approved by the Division based on terrain, climate, or other
site-specific conditions and on a demonstration by the operator that the
effluent limitations of R645-301-751 will be met;
742.221.34. Provide a nonclogging dewatering
device adequate to maintain the detention time required under
R645-301-742.221.32.
742.221.35.
Minimize, to the extent possible, short circuiting;
742.221.36. Provide periodic sediment removal
sufficient to maintain adequate volume for the design event;
742.221.37. Ensure against excessive
settlement;
742.221.38. Be free of
sod, large roots, frozen soil, and acid- or toxic forming coal-processing
waste; and
742.221.39. Be compacted
properly.
742.222.
Sedimentation ponds meeting the size or other qualifying criteria of the MSHA,
30
CFR
77.216(a) will comply
with all the requirements of that section, and will have a single spillway or
principal and emergency spillways that in combination will safely pass a
100-year, 6-hour precipitation event or greater event as demonstrated to be
necessary by the Division.
742.223.
Sedimentation ponds not meeting the size or other qualifying criteria of the
MSHA,
30
CFR
77.216(a) will provide a
combination of principal and emergency spillways that will safely discharge a
25-year, 6-hour precipitation event or greater event as demonstrated to be
needed by the Division. Such ponds may use a single open channel spillway if
the spillway is:
742.223.1. Of nonerodible
construction and designed to carry sustained flows; or
742.223.2. Earth- or grass-lined and designed
to carry short-term infrequent flows at non-erosive velocities where sustained
flows are not expected.
742.224. In lieu of meeting the requirements
of R645-301-742.223.1 and 742.223.2 the Division may approve a temporary
impoundment as a sedimentation pond that relies primarily on storage to control
the runoff from the design precipitation event when it is demonstrated by the
operator and certified by a qualified registered professional engineer in
accordance with R645-301-512.200 that the sedimentation pond will safely
control the design precipitation event. The water will be removed from the pond
in accordance with current, prudent, engineering practices and any sediment
pond so used will not be located where failure would be expected to cause loss
of life or serious property damage.
742.225. An exception to the sediment pond
location guidance in R645-301-742.224 may be allowed where:
742.225.1. Impoundments meeting the NRCS
Class B or C criteria for dams in TR-60, or the size or other criteria of 30
CFR Sec.
77.216(a) shall be designed to control the precipitation of the
probable maximum precipitation of a 6-hour event, or greater event specified by
the Division.
742.225.2.
Impoundments not included in R645-301-742.225.1 shall be designed to control
the precipitation of the 100-year 6-hour event, or greater event if specified
by the Division.
742.230. Other Treatment
Facilities.
742.231. Other
treatment facilities will be designed to treat the 10-year, 24-hour
precipitation event unless a lesser design event is approved by the Division
based on terrain, climate, other site-specific conditions and a demonstration
by the operator that the effluent limitations of R645-301-751 will be
met.
742.232. Other treatment
facilities will be designed in accordance with the applicable requirements of
R645-301-742.220.
742.240.
Exemptions. Exemptions to the requirements of R645-301-742.200 and R645-301-763
may be granted if the disturbed drainage area within the total disturbed area
is small and the operator demonstrates that siltation structures and alternate
sediment control measures are not necessary for drainage from the disturbed
areas to meet the effluent limitations under R645-301-751 or the applicable
Utah and federal water quality standards for the receiving waters.
742.300. Diversions.
742.310. General Requirements.
742.311. With the approval of the Division,
any flow from mined areas abandoned before May 3, 1978, and any flow from
undisturbed areas or reclaimed areas, after meeting the criteria of
R645-301-356.300, R645-301-356.400, R645-301-513.200, R645-301-742.200 through
R645-301-742.240, and R645-301-763 for siltation structure removal, may be
diverted from disturbed areas by means of temporary or permanent diversions.
All diversions will be designed to minimize adverse impacts to the hydrologic
balance within the permit and adjacent areas, to prevent material damage
outside the permit area and to assure the safety of the public. Diversions will
not be used to divert water into underground mines without approval of the
Division in accordance with R645-301-731.510.
742.312. The diversion and its appurtenant
structures will be designed, located, constructed, maintained and used to:
742.312.1. Be stable;
742.312.2. Provide protection against
flooding and resultant damage to life and property;
742.312.3. Prevent, to the extent possible
using the best technology currently available, additional contributions of
suspended solids to streamflow outside the permit area; and
742.312.4. Comply with all applicable local,
Utah, and federal laws and regulations.
742.313. Temporary diversions will be removed
when no longer needed to achieve the purpose for which they were authorized.
The land disturbed by the removal process will be restored in accordance with
R645-301 and R645-302. Before diversions are removed, downstream
water-treatment facilities previously protected by the diversion will be
modified or removed, as necessary, to prevent overtopping or failure of the
facilities. This requirement will not relieve the operator from maintaining
water-treatment facilities as otherwise required. A permanent diversion or a
stream channel reclaimed after the removal of a temporary diversion will be
designed and constructed so as to restore or approximate the premining
characteristics of the original stream channel including the natural riparian
vegetation to promote the recovery and the enhancement of the aquatic
habitat.
742.314. The Division may
specify additional design criteria for diversions to meet the requirements of
R645-301-742.300.
742.320.
Diversion of Perennial and Intermittent Streams and Ephemeral Streams that
Drain a Watershed of at Least One Square Mile.
742.321. Diversion of streams within the
permit area may be approved by the Division after making the finding relating
to stream buffer zones under R645-301-731.600. This applies to perennial and
intermittent streams and ephemeral streams that drain a watershed of at least
one square mile.
742.322. The
design capacity of channels for temporary and permanent stream channel
diversions will be at least equal to the capacity of the unmodified stream
channel immediately upstream and downstream from the diversion.
742.323. The requirements of
R645-301-742.312.2 will be met when the temporary and permanent diversion for
perennial and intermittent streams and ephemeral streams that drain a watershed
of at least one square mile are designed so that the combination of channel,
bank and floodplain configuration is adequate to pass safely the peak runoff of
a 10-year, 6-hour precipitation event for a temporary diversion and a 100-year,
6-hour precipitation event for a permanent diversion.
742.324. The design and construction of all
stream channel diversions of perennial and intermittent streams and ephemeral
streams that drain a watershed of at least one square mile will be certified by
a qualified registered professional engineer as meeting the performance
standards of R645-301 and R645-302 and any design criteria set by the
Division.
742.330. Diversion of
Miscellaneous Flows.
742.331.
Miscellaneous flows, which consist of all flows except for perennial and
intermittent streams and ephemeral streams that drain a watershed of at least
one square mile, may be diverted away from disturbed areas if required or
approved by the Division. Miscellaneous flows will include ground-water
discharges and ephemeral streams that drain a watershed of less than one square
mile.
742.332. The design,
location, construction, maintenance, and removal of diversions of miscellaneous
flows will meet all of the performance standards set forth in
R645-301-742.310.
742.333. The
requirements of R645-301-742.312.2 will be met when the temporary and permanent
diversions for miscellaneous flows are designed so that the combination of
channel, bank and floodplain configuration is adequate to pass safely the peak
runoff of a 2-year, 6-hour precipitation event for a temporary diversion and a
10-year, 6-hour precipitation event for a permanent diversion.
742.400. Road Drainage.
742.410. All Roads.
742.411. To ensure environmental protection
and safety appropriate for their planned duration and use, including
consideration of the type and size of equipment used, the design and
construction or reconstruction of roads will incorporate appropriate limits for
surface drainage control, culvert placement, culvert size, and any necessary
design criteria established by the Division.
742.412. No part of any road will be located
in the channel of an intermittent or perennial stream or an ephemeral stream
that drains a watershed of at least one square mile unless specifically
approved by the Division in accordance with applicable parts of R645-301-731
through R645-301-742.300.
742.413.
Roads will be located to minimize downstream sedimentation and
flooding.
742.420. Primary
Roads.
742.421. To minimize
erosion, a primary road is to be located, insofar as practical, on the most
stable available surfaces.
742.422.
Stream fords by primary roads are prohibited unless they are specifically
approved by the Division as temporary routes during periods of
construction.
742.423. Drainage
Control.
742.423.1. Each primary road will be
designed, constructed or reconstructed and maintained to have adequate drainage
control, using structures such as, but not limited to, bridges, ditches, cross
drains, and ditch relief drains. The drainage control system will be designed
to pass the peak runoff safely from a 10-year, 6-hour precipitation event, or
an alternative event of greater size as demonstrated to be needed by the
Division.
742.423.2. Drainage pipes
and culverts will be constructed to avoid plugging or collapse and erosion at
inlets and outlets.
742.423.3.
Drainage ditches will be designed to prevent uncontrolled drainage over the
road surface and embankment. Trash racks and debris basins will be installed in
the drainage ditches where debris from the drainage area may impair the
functions of drainage and sediment control structures.
742.423.4. Natural stream channels will not
be altered or relocated without the prior approval of the Division in
accordance with R645-301-731.100 through R645-301-731.522, R645-301-731.600,
R645-301-731.800, R645-301-742.300, and R645-301-751.
742.423.5. Except as provided in
R645-301-742.422, drainage structures will be used for stream channel
crossings, made using bridges, culverts or other structures designed,
constructed and maintained using current, prudent engineering
practice.
743.
Impoundments.
743.100. General Requirements.
The requirements of R645-301-743 apply to both temporary and permanent
impoundments. Impoundments meeting the Class B or C criteria for dams in the
U.S. Department of Agriculture, Natural Resources Conservation Service
Technical Release No. 60 (210-VI-TR60, Oct. 1985), "Earth Dams and Reservoirs,"
shall comply with the, "Minimum Emergency Spillway Hydrologic Criteria," table
in TR-60 and the requirements of this section. 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 may be inspected
at the Division of Oil Gas and Mining Offices, 1594 West North Temple, Salt
Lake City, Utah 84114 or at the Division of Administrative Rules, Archives
Building, Capitol Hill Complex, Salt Lake City, Utah 84114-1021.
743.110. Impoundments meeting the criteria of
the MSHA,
30
CFR
77.216(a) will comply
with the requirements of 77.216 and R645-301-512.240, R645-301-514.300,
R645-301-515.200, R645-301-533.100 through R645-301-533.600, R645-301-733.220
through R645-301-733.224, and R645-301-743. The plan required to be submitted
to the District Manager of MSHA under
30
CFR
77.216 will also be submitted to the
Division as part of the permit application.
743.120. The design of impoundments will be
prepared and certified as described under R645-301-512. Impoundments will have
adequate freeboard to resist overtopping by waves and by sudden increases in
storage volume. Impoundments meeting the NRCS Class B or C criteria for dams in
TR-60 shall comply with the freeboard hydrograph criteria in the "Minimum
Emergency Spillway Hydrologic Criteria" table in TR-60.
743.130. Impoundments will include either a
combination of principal and emergency spillways or a single spillway as
specified in 743.131 which will be designed and constructed to safely pass the
design precipitation event or greater event specified in R645-301-743.200 or
R645-301-743.300.
743.131. The
Division may approve a single-open channel spillway that is:
743.131.1. Of nonerodible construction and
designed to carry sustained flows; or
743.131.2. Earth-or grass lined and designed
to carry short-term, infrequent flows at non-erosive velocities where sustained
flows are not expected.
743.131.3
Except as specified in R645-301-742.224 the required design precipitation event
for an impoundment meeting the spillway requirements of R645-301-743.130
is:
743.131.4 For an impoundment
meeting the NRCS Class B or C criteria for dams in TR-60, the emergency
spillway hydrograph criteria in the "Minimum Emergency Spillway Hydrologic
Criteria" table in TR-60, or greater event as specified by the
Division.
743.131.5 For an
impoundment meeting or exceeding the size or other criteria of 30 CFR Sec.
77.216(a), a 100-year 6-hour event, or greater event as specified by the
Division.
743.131.6 For an
impoundment not included in R645-301-743.131.4 or 743.131.5, a 25-year 6-hour
event, or greater event as specified by the Division.
743.132 In lieu of meeting the requirements
of 743.131 the Division may approve an impoundment which meets the requirements
of the sediment pond criteria of R645-301-742.224 and 742.225.
743.140. Impoundments will be inspected as
described under R645-301-514.300.
743.200. The design precipitation event for
the spillways for a permanent impoundment meeting the size or other criteria of
MSHA rule
30
CFR
77.216(a) is a 100-year,
6-hour precipitation event, or such larger event as demonstrated to be needed
by the Division.
743.300. The
design precipitation event for the spillways for an impoundment not meeting the
size or other criteria of MSHA rule
30
CFR
77.216(a) is a 25-year,
6-hour precipitation event, or such larger event as demonstrated to be needed
by the Division.
744.
Discharge Structures.
744.100. Discharge from
sedimentation ponds, permanent and temporary impoundments, coal processing
waste dams and embankments, and diversions will be controlled, by energy
dissipators, riprap channels and other devices, where necessary to reduce
erosion to prevent deepening or enlargement of stream channels, and to minimize
disturbance of the hydrologic balance.
744.200. Discharge structures will be
designed according to standard engineering design
procedures.
745. Disposal
of Excess Spoil.
745.100. General
Requirements.
745.110. Excess spoil
will be placed in designated disposal areas within the permit area, in a
controlled manner to:
745.111.
Minimize the adverse effects of leachate and surface water runoff from the fill
on surface and ground waters;
745.112. Ensure permanent impoundments are
not located on the completed fill. Small depressions may be allowed by the
Division if they are needed to retain moisture or minimize erosion, create and
enhance wildlife habitat or assist revegetation, and if they are not
incompatible with the stability of the fill; and
745.113. Adequately cover or treat excess
spoil that is acid- and toxic-forming with nonacid nontoxic material to control
the impact on surface and ground water in accordance with R645-301-731.300 and
to minimize adverse effects on plant growth and the approved postmining land
use.
745.120. Drainage control. If
the disposal area contains springs, natural or manmade water courses, or wet
weather seeps, the fill design will include diversions and underdrains as
necessary to control erosion, prevent water infiltration into the fill and
ensure stability.
745.121.
Diversions will comply with the requirements of R645-301-742.300.
745.122. Underdrains will consist of durable
rock or pipe, be designed and constructed using current, prudent engineering
practices and meet any design criteria established by the Division. The
underdrain system will 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 will be protected from piping and
contamination by an adequate filter. Rock underdrains will 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 materials and which is free of coal, clay or other nondurable
material. Perforated pipe underdrains will be corrosion resistant and will have
characteristics consistent with the long-term life of the fill.
745.200. Valley Fills and Head-of-Hollow
Fills.
745.210. Valley fills and
head-of-hollow fills will meet the applicable requirements of R645-301-211,
R645-301-212, R645-301-412.300, R645-301-512.210, R645-301-514.100,
R645-301-528.310, R645-301-535.100 through R645-301-535.130, R645-301-535.500,
R645-301-536.300, R645-301-542.720, R645-301-553.240, and R645-301-745.100 and
the requirements of R645-301-745.200 and R645-301-535.200.
745.220. Drainage Control.
745.221. The top surface of the completed
fill will be graded such 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.
745.222. Runoff from areas above the fill and
runoff from the surface of the fill will be diverted into stabilized diversion
channels designed to meet the requirements of R645-301-742.300 and to safely
pass the runoff from a 100-year, 6-hour precipitation event.
745.300. Durable Rock Fills. The Division may
approve disposal of excess durable rock spoil provided the following conditions
are satisfied:
745.310. Except as
provided in R645-301-745.300, the requirements of R645-301-211, R645-301-212,
R645-301-412.300, R645-301-512.210, R645-301-514.100, R645-301-528.310,
R645-301-535.100 through R645-301-535.130, R645-301-535.500, R645-301-536.300,
R645-301-542.720, R645-301-553.240, and R645-301-745.100 are met;
745.320. 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
745.330. 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 R645-301-742.300 and to safely pass the runoff from a 100-year, 6-hour
precipitation event.
745.400.
Preexisting Benches. The Division may approve the disposal of excess spoil
through placement on preexisting benches, provided that the requirements of
R645-301-211, R645-301-212, R645-301-412.300, R645-301-512.210,
R645-301-512.220, R645-301-514.100, R645-301-535.100, R645-301-535.112 through
R645-301-535.130, R645-301-535.300 through R645-301-536.300, R645-301-542.720,
R645-301-553.240, R645-301-745.100, R645-301-745.300, and R645-301-745.400 and
the requirements of R645-301-535.400 are met.
746. Coal Mine Waste.
746.100. General Requirements.
746.110. All coal mine waste will be placed
in new or existing disposal areas within a permit area which are approved by
the Division.
746.120. Coal mine
waste will be placed in a controlled manner to minimize adverse effects of
leachate and surface water runoff on surface and ground water quality and
quantity.
746.200. Refuse
Piles.
746.210. Refuse piles will
meet the requirements of R645-301-512.230, R645-301-515.200, R645-301-528.320,
R645-301-536 through R645-301-536.200, R645-301-536.500, R645-301-542.730, and
R645-301-746.100 and the additional requirements of R645-301-210,
R645-301-513.400, R645-301-514.200, R645-301-528.322, R645-301-536.900,
R645-301-553.250, and R645-301-746.200 and the requirements of the MSHA,
30 CFR
77.214 and
77.215.
746.211. If the disposal area contains
springs, natural or manmade water courses, or wet weather seeps, the design
will include diversions and underdrains as necessary to control erosion,
prevent water infiltration into the disposal facility and ensure
stability.
746.212. Uncontrolled
surface drainage may not be diverted over the outslope of the refuse pile.
Runoff from areas above the refuse pile and runoff from the surface of the
refuse pile will be diverted into stabilized diversion channels designed to
meet the requirements of R645-301-742.300 to safely pass the runoff from a
100-year, 6-hour precipitation event. Runoff diverted from undisturbed areas
need not be commingled with runoff from the surface of the refuse
pile.
746.213. Underdrains will
comply with the requirements of R645-301-745.122.
746.220. Surface Area
Stabilization.
746.221. Slope
protection will be provided to minimize surface erosion at the site. All
disturbed areas, including diversion channels that are not riprapped or
otherwise protected, will be revegetated upon completion of
construction.
746.222. No permanent
impoundments will be allowed on the completed refuse pile. 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 stability of the refuse pile.
746.300. Impounding structures. New and
existing impounding structures constructed of coal mine waste or intended to
impound coal mine waste will meet the requirements of R645-301-512.230,
R645-301-515.200, R645-301-528.320, R645-301-536 through R645-301-536.200,
R645-301-536.500, R645-301-542.730, and R645-301-746.100.
746.310. Coal mine waste will not be used for
construction of impounding structures unless it has been demonstrated to the
Division that the use of coal mine waste will not have a detrimental effect on
downstream water quality or the environment due to acid seepage through the
impounding structure. The potential impact of acid mine seepage through the
impounding structure will be discussed in detail.
746.311. Each impounding structure
constructed of coal mine waste or intended to impound coal mine waste will be
designed, constructed and maintained in accordance with R645-301-512.240,
R645-301-513.200, R645-301-514.310 through R645-301-514.330, R645-301-515.200,
R645-301-533.100 through R645-301-533.500, R645-301-733.230, R645-301-733.240,
R645-301-743.100, and R645-301-743.300. Such structures may not be retained
permanently as part of the approved postmining land use.
746.312 Each impounding structure constructed
of coal mine waste or intended to impound coal mine waste that meets the
criteria of
30
CFR
77.216(a) will have
sufficient spillway capacity to safely pass, adequate storage capacity to
safely contain, or a combination of storage capacity and spillway capacity to
safely control the probable maximum precipitation of a 6-hour precipitation
event, or greater event as demonstrated to be needed by the Division.
746.320. Spillways and outlet works will be
designed to provide adequate protection against erosion and corrosion. Inlets
will be protected against blockage.
746.330. Drainage control. Runoff from areas
above the disposal facility or runoff from the surface of the facility that may
cause instability or erosion of the impounding structure will be diverted into
stabilized diversion channels designed to meet the requirements of
R645-301-742.300 and designed to safely pass the runoff from a 100-year, 6-
hour design precipitation event.
746.340. Impounding structures constructed of
or impounding coal mine waste will be designed and operated so that at least 90
percent of the water stored during the design precipitation event will be
removed within a 10- day period following that event.
746.400. Return of Coal Processing Waste to
Abandoned Underground Workings. Each permit application to conduct UNDERGROUND
COAL MINING AND RECLAMATION ACTIVITIES will, if appropriate, include a plan of
proposed methods for returning coal processing waste to abandoned underground
workings as follows:
746.410. The
plan will describe the source of the hydraulic transport mediums, method of
dewatering the placed backfill, retainment of water underground, treatment of
water if released to surface streams and the effect on the hydrologic
regime;
746.420. The plan will
describe each permanent monitoring well to be located in the backfilled areas,
the stratum underlying the mined coal and gradient from the backfilled area;
and
746.430. The requirements of
R645-301-513.300, R645-301-528.321, R645-301-536.700, R645-301-746.410 and
R645-746.420 will also apply to pneumatic backfilling operations, except where
the operations are exempted by the Division from requirements specifying
hydrologic monitoring.
747. Disposal of Noncoal Mine Waste.
747.100. Noncoal mine waste, including but
not limited to grease, lubricants, paints, flammable liquids, garbage,
machinery, lumber and other combustible materials generated during coal mining
and reclamation operations will be placed and stored in a controlled manner in
a designated portion of the permit area or state-approved solid waste disposal
area.
747.200. Placement and storage
of noncoal mine waste within the permit area will ensure that leachate and
surface runoff do not degrade surface or ground water.
747.300. Final disposal of noncoal mine waste
within the permit area will ensure that leachate and drainage does not degrade
surface or underground water.
748. Casing and Sealing of Wells. Each water
well will be cased, sealed, or otherwise managed, as approved by the Division,
to prevent acid or other toxic drainage from entering ground or surface water,
to minimize disturbance to the hydrologic balance, and to ensure the safety of
people, livestock, fish and wildlife, and machinery in the permit and adjacent
area. If a water well is exposed by coal mining and reclamation operations, it
will be permanently closed unless otherwise managed in a manner approved by the
Division. Use of a drilled hole or borehole or monitoring well as a water well
must comply with the provision of R645-301-731.100 through R645-301-731.522 and
R645-301-731.800.
750. Performance
Standards.
All coal mining and reclamation operations will be conducted
to minimize disturbance to the hydrologic balance within the permit and
adjacent areas, to prevent material damage to the hydrologic balance outside
the permit area and support approved postmining land uses in accordance with
the terms and conditions of the approved permit and the performance standards
of R645-301 and R645-302. For the purposes of SURFACE COAL MINING AND
RECLAMATION ACTIVITIES, operations will be conducted to assure the protection
or replacement of water rights in accordance with the terms and conditions of
the approved permit and the performance standards of R645-301 and
R645-302.
751. Water
Quality Standards and Effluent Limitations. Discharges of water from areas
disturbed by coal mining and reclamation operations will be made in compliance
with all Utah and federal water quality laws and regulations and with effluent
limitations for coal mining promulgated by the U.S. Environmental Protection
Agency set forth in 40 CFR Part
434.
752. Sediment Control Measures. Sediment
control measures must be located, maintained, constructed and reclaimed
according to plans and designs given under R645-301-732, R645-301-742 and
R645-301-760.
752.100. Siltation structures
and diversions will be located, maintained, constructed and reclaimed according
to plans and designs given under R645-301-732, R645-301-742 and
R645-301-763.
752.200. Road
Drainage. Roads will be located, designed, constructed, reconstructed, used,
maintained and reclaimed according to R645-301-732.400, R645-301-742.400 and
R645-301-762 and to achieve the following:
752.210. Control or prevent erosion,
siltation and the air pollution attendant to erosion by vegetating or otherwise
stabilizing all exposed surfaces in accordance with current, prudent
engineering practices;
752.220.
Control or prevent additional contributions of suspended solids to stream flow
or runoff outside the permit area;
752.230. Neither cause nor contribute to,
directly or indirectly, the violation of effluent standards given under
R645-301-751;
752.240. Minimize the
diminution to or degradation of the quality or quantity of surface- and ground-
water systems; and
752.250. Refrain
from significantly altering the normal flow of water in streambeds or drainage
channels.
753.
Impoundments and Discharge Structures. Impoundments and discharge structures
will be located, maintained, constructed and reclaimed to comply with
R645-301-733, R645-301-734, R645-301-743, R645-301-745 and
R645-301-760.
754. Disposal of
Excess Spoil, Coal Mine Waste and Noncoal Mine Waste. Disposal areas for excess
spoil, coal mine waste and noncoal mine waste will be located, maintained,
constructed and reclaimed to comply with R645-301-735, R645-301-736,
R645-301-745, R645-301-746, R645-301-747 and R645-301-760.
755. Casing and Sealing of Wells. All wells
will be managed to comply with R645-301-748 and R645-301-765. Water monitoring
wells will be managed on a temporary basis according to R645-301-738.
760. Reclamation.
761. General Requirements. Before abandoning
a permit area or seeking bond release, the operator will ensure that all
temporary structures are removed and reclaimed, and that all permanent
sedimentation ponds, diversions, impoundments and treatment facilities meet the
requirements of R645-301 and R645-302 for permanent structures, have been
maintained properly and meet the requirements of the approved reclamation plan
for permanent structures and impoundments. The operator will renovate such
structures if necessary to meet the requirements of R645-301 and R645-302 and
to conform to the approved reclamation plan.
762. Roads. A road not to be retained for use
under an approved postmining land use will be reclaimed immediately after it is
no longer needed for coal mining and reclamation operations, including:
762.100. Restoring the natural drainage
patterns;
762.200. Reshaping all
cut and fill slopes to be compatible with the postmining land use and to
complement the drainage pattern of the surrounding terrain.
763. Siltation Structures.
763.100. Siltation structures will be
maintained until removal is authorized by the Division and the disturbed area
has been stabilized and revegetated. In no case will the structure be removed
sooner than two years after the last augmented seeding.
763.200. When the siltation structure is
removed, the land on which the siltation structure was located will be regraded
and revegetated in accordance with the reclamation plan and R645-301-358,
R645-301-356, and R645-301-357. Sedimentation ponds approved by the Division
for retention as permanent impoundments may be exempted from this
requirement.
764.
Structure Removal. The application will include the timetable and plans to
remove each structure, if appropriate.
765. Permanent Casing and Sealing of Wells.
When no longer needed for monitoring or other use approved by the Division upon
a finding of no adverse environmental or health and safety effects, or unless
approved for transfer as a water well under R645-301-731.100 through
R645-301-731.522 and R645-301-731.800, each well will be capped, sealed,
backfilled, or otherwise properly managed, as required by the Division in
accordance with R645-301-529.400, R645-301-551, R645-301-631.100, and
R645-301-748. Permanent closure measures will be designed to prevent access to
the mine workings by people, livestock, fish and wildlife, machinery and to
keep acid or other toxic drainage from entering ground or surface
waters.