10 CSR 40-3.060 - Requirements for the Disposal of Excess Spoil

PURPOSE: This amendment incorporates by reference the federal regulations that sets forth the requirements for the disposal of excess spoil pursuant to sections 444.810 and 444.855.2(22), RSMo.

PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Permanent program performance standards-disposal of excess spoil requirements set forth in 30 CFR Part 780.35, as in effect on January 1, 2018, are incorporated by reference in this rule. Copies may be obtained by contacting the U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000 or online at https://www.gpo.gov. This rule does not incorporate any subsequent amendments or additions.

(A) Spoil not required to achieve the approximate original contour within the area where overburden has been removed shall be hauled or conveyed to and placed in designated disposal areas within a permit area, within a time approved by the director in the permit and plan, if the disposal areas are authorized for those purposes in the approved permit and plan in accordance with sections (1)-(4) of this rule. The spoil shall be placed in a controlled manner to ensure that-

1. Leachate and surface runoff from the fill will not degrade surface or ground waters or exceed the effluent limitations of 10 CSR 40-3.040(2);

2. The fill is stable; and

3. The land mass designated as the disposal area is suitable for reclamation and revegetation compatible with the natural surroundings.

(B) The fill and appurtenant structures shall be designed using recognized professional standards, certified by a registered professional engineer experienced in the design of earth and rock fills and approved in the permit and plan.

(C) All vegetative and organic materials shall be removed from the disposal area and the topsoil shall be removed, segregated, and stored or replaced under 10 CSR 40-3.030(1)-(5). If approved in the permit and plan, 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.

(D) Slope protection shall be provided to minimize surface erosion at the site. Diversion design shall conform with the requirements of 10 CSR 40-3.040(3). All disturbed areas, including diversion ditches that are not riprapped, shall be vegetated upon completion of construction.

(E) If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the commission, the spoil could be placed in compliance with all the requirements of this law and shall be placed, where possible, upon or above, a natural terrace, bench, or berm, if this placement provides additional stability and prevents mass movement.

(F) The spoil shall be hauled or conveyed and placed in horizontal lifts in a controlled manner, not exceeding four feet (4') in thickness; concurrently compacted as necessary to ensure mass stability and prevent mass movement, covered and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and ensure a long-term static safety factor of one and five tenths (1.5). The commission or director may approve a design which incorporates placement of excess spoil in horizontal lifts other than four feet (4') in thickness when it is demonstrated by the operator 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.

(G) The final configuration of the fill must be suitable for postmining land uses approved in accordance with 10 CSR 40-3.130(1), except that no depressions or impoundments shall be allowed on the completed fill.

(H) 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 10 CSR 40-3.040, to prevent sustained combustion and to minimize adverse effects on plant growth and the approved postmining land use.

(I) Terraces may be utilized to control erosion and enhance stability if approved in the permit and plan and consistent with 10 CSR 40-3.110(2)(B).

(J) Where the slope in the disposal area exceeds 1v:2.8h (36%), or a lesser slope as may be designated in the permit or plan based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe buttresses shall be constructed to stabilize the fill. Where the toe of the spoil rests on a downslope, stability analyses including, but not limited to, strength parameters, pore pressures, and long-term seepage conditions, shall be performed to determine the size of rock toe buttresses and keyway cuts and in accordance with 10 CSR 40-6.050(17).

(K) Fill Inspection.

1. A registered professional engineer or other qualified professional specialist under the direction of a registered professional engineer, approved in the permit and plan and experienced in the construction of earth and rockfill embankments, shall inspect the fill for stability at least quarterly throughout construction and during the following critical construction periods:

A. Removal of all organic material and topsoil;

B. Placement of underdrainage systems;

C. Installation of surface drainage systems;

D. Placement and compaction of fill materials; and

E. Revegetation.

2. Within two (2) weeks after each inspection, the registered professional engineer shall provide the director with a certified report stating that the fill has been constructed as specified in the design approved in the permit and plan. The report shall include appearances of instability, structural weakness and other hazardous conditions.

3. Certified report.

A. 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.

B. Where excess durable rock spoil is placed in single or multiple lifts so that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, color photographs shall be taken of the underdrain as the underdrain system is being formed.

C. 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 the report shall be retained at the minesite.

(L) Coal processing wastes shall not be disposed of in head-of-hollow or valley fills and may only be disposed of in other excess spoil fills, if the waste is-

1. Placed in accordance with 10 CSR 40-3.080(4);

2. Demonstrated to be nontoxic- and nonacid-forming; and

3. Demonstrated to be consistent with the design stability of the fill.

(M) If the disposal area contains springs, natural or man-made watercourses, or wet weather seeps, an underdrain system consisting of durable rock shall be constructed from the wet areas in a manner that prevents infiltration of the water into the spoil material. The underdrain system shall be protected by an adequate filter and shall be designed and constructed using standard geotechnical engineering methods.

(N) The foundation and abutments of the fill shall be stable under all conditions of construction and operation. Sufficient foundation investigation and laboratory testing of foundation materials shall be performed in order to determine the design requirements for stability of the foundation. Analyses of foundation conditions shall include the effect of underground mine workings, if any, upon the stability of the structure.

(O) Excess spoil may be returned to underground mine workings, but only in accordance with a disposal program approved in the permit and plan and Mine Safety and Health Administration (MSHA) upon the basis of a plan submitted under 10 CSR 40-6.120(17).

(2) Valley Fills. Valley fills shall meet all of the requirements of section (1) of this rule and the additional requirements of this section.

(A) The fill shall be designed to attain a long-term static safety factor of one and five-tenths (1.5) based upon data obtained from subsurface exploration, geotechnical testing, foundation design, and accepted engineering analyses.

(B) A subdrainage system for the fill shall be constructed in accordance with the following:

1. A system of underdrains constructed of durable rock shall meet the requirements of paragraph (2)(B)4. of this rule and shall-

A. Be installed along the natural drainage system;

B. Extend from the toe to the head of the fill; and

C. Contain lateral drains to each area of potential drainage or seepage;

2. A filter system to insure the proper functioning of the rock underdrain system shall be designed and constructed using standard geotechnical engineering methods;

3. In constructing the underdrains, no more than ten percent (10%) of the rock may be less than twelve inches (12") in size and no single rock may be larger than twenty-five percent (25%) of the width of the drain. Rock used in underdrains shall meet the requirements of paragraph (2)(B)4. of this rule. The minimum size of the main under-drain shall be-

Total Amount of Fill Material	Predominant Type of Fill Material	Minimum Size of Drain in Feet
		Width	Height
Less than 1,000,000 yd3	Sandstone	10	4
Do	Shale	16	8
More than 1,000,000 yd3	Sandstone	16	8
Do	Shale	16	16

4. Underdrains shall consist of nondegradable, nonacid-and nontoxic-forming rock, such as natural sand and gravel, sandstone, limestone, or other durable rock that will not slake in water and will be free of coal, clay, or shale.

(C) Spoil shall be hauled or conveyed and placed in a controlled manner and concurrently compacted, as specified in the permit and plan, in lifts no greater than four feet (4') or less, if required in the permit and plan, to-

1. Achieve the densities designed to ensure mass stability;

2. Prevent mass movement;

3. Avoid contamination of the rock underdrain or rock core; and

4. Prevent formation of voids.

(D) Surface water runoff from the area above the fill shall be diverted away from the fill and into stabilized diversion channels designed to safely pass the runoff from a one hundred- (100-) year, twenty-four- (24-) hour precipitation or longer event specified in the permit and plan. Surface runoff from the fill surface shall be diverted through stabilized channels off the fill which will safely pass the runoff from the one hundred- (100-) year, twenty-four- (24-) hour precipitation event. Diversion design shall comply with the requirements of 10 CSR 40-3.040(3)(F).

(E) The tops of the fill and any terrace constructed to stabilize the face shall be graded no steeper than 1v:20h (5%). The vertical distance between terraces shall not exceed fifty feet (50').

(F) Drainage shall not be directed over the outslope of the fill.

(G) The outslope of the fill shall not exceed 1v:2h (50%). The permit and plan may require a flatter slope to control erosion and insure stability.

(3) Head-of-Hollow Fills. Disposal of spoil in the head-of-hol-low fill shall meet all standards set forth in sections (1) and (2) of this rule and the additional requirements of this section.

(A) The fill shall be designed to completely fill the disposal site to the approximate elevation of the ridgeline. A rock-core chimney drain may be utilized instead of the subdrain and surface diversion system required for valley fills. If the crest of the fill is not approximately at the same elevation as the low point of the adjacent ridgeline, the fill must be designed as specified in section (2) of this rule, with diversion of runoff around the fill. A fill associated with contour mining placed at or near the coal seam, which does not exceed two hundred fifty thousand (250,000) cubic yards, may use the rock-core chimney drain.

(B) The alternative rock-core chimney drain system shall be designed and incorporated into the construction of head-of-hollow fills as follows:

1. The fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of durable rock at least sixteen feet (16') thick which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of subsection (2)(B) of this rule;

2. A filter system to ensure the proper functioning of the rock core shall be designed and constructed using standard geotechnical engineering methods; and

3. The grading may drain surface water away from the outslope of the fill and toward the rock core. The maximum slope of the fill shall be 1v:33h (3%). Instead of the requirements of subsection (1)(G) of this rule, a drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential for impounding more than ten thousand (10,000) cubic feet of water. Terraces on the fill shall be graded with the three percent to five percent (3%-5%) grade toward the fill and a one percent (1%) slope toward the rock core. (C) The drainage control system shall be capable of safely passing the runoff from a one hundred- (100-) year, twenty-four- (24-) hour precipitation event or larger event specified in the permit and plan.

(4) Durable Rock Fills. In lieu of the requirements of sections (2) and (3) of this rule, approval may be given in the permit and plan for alternate methods for disposal of hard rock spoil, including fill placement by dumping in a single lift, on a site-specific basis, provided the services of a registered professional engineer experienced in the design and construction of earth and rockfill embankments are utilized and provided the requirements of this section and of section (1) of this rule are met. For this section, hard rock spoil shall be defined as rockfill consisting of at least eighty percent (80%) by volume of sandstone, limestone or other rocks that do not slake in water. Resistance of the hard rock spoil to slaking shall be determined by using the slake index and slake durability tests in accordance with guidelines and criteria established in the permit and plan.

(A) Spoil is to be transported and placed in a specified and controlled manner which will ensure stability of the fill.

1. The method of spoil placement shall be designed to ensure mass stability and prevent mass movement in accordance with the additional requirements of this section.

2. Loads of noncemented clay shale, clay spoil, or both, in the fill shall be mixed with hard rock spoil in a controlled manner to limit, on a unit basis, concentrations of noncemented clay shale and clay in the fill. The materials shall comprise no more than twenty percent (20%) of the fill volume as determined by tests performed by a registered professional engineer and approved in the permit and plan.

(B) Stability Analyses and Bank Design.

1. Stability analyses shall be made by the registered professional engineer. Parameters used in the stability analyses shall be based on adequate field reconnaissance, subsurface investigations, including borings and laboratory tests.

2. The embankment which constitutes the valley fill or head-of-hollow fill shall be designed with the following factors of safety:

Case	Design Condition	Minimum Factor of Safety
I	End of construction	1.5
II	Earthquake	1.1

(C) The design of a head-of-hollow fill shall include an internal drainage system which will ensure continued free drainage of anticipated seepage from precipitation, springs, or wet weather seeps.

1. Anticipated discharge from springs and seeps and due to precipitation shall be based on records, field investigations, or both, to determine seasonal variation. The design of the internal drainage system shall be based on the maximum anticipated discharge.

2. All granular material used for the drainage system shall be free of clay and consist of durable particles, such as natural sands and gravels, sandstone, limestone, or other durable rock, which will not slake in water.

3. The internal drain shall be protected by a properly designed and constructed filter system using standard geotechnical engineering methods.

(D) Surface water runoff from the areas adjacent to and above the fill shall not be allowed to flow onto the fill and shall be diverted into stabilized channels which are designed to safely pass the runoff from a one hundred- (100-) year, twenty-four- (24-) hour precipitation event. Diversion design shall comply with the requirements of 10 CSR 40-3.040(3)(F).

(E) The top surface of the completed fill shall be graded so that the final slope after settlement will be no steeper than 1v:20h (5%) toward properly designed drainage channels in natural ground along the periphery of the fill. Surface runoff from the top surface of the fill shall not be allowed to flow over the outslope of the fill.

(F) Surface runoff from the outslope of the fill shall be diverted off the fill to properly designed channels which will safely pass a one hundred- (100-) year, twenty-four- (24-) hour precipitation event. Diversion design shall comply with the requirements of 10 CSR 40-3.040(3)(F).

(G) Terraces shall be constructed on the outslope if required for control of erosion or for roads included in the approved postmining land use plan. Terraces shall meet the following requirements:

1. The slope of the outslope between terrace benches shall not exceed 1v:2h (50%);

2. To control surface runoff, each terrace bench shall be graded to a slope of 1v:20h (5%) toward the embankment. Runoff shall be collected by a ditch along the intersection of each terrace bench and the outslope; and

3. Terrace ditches shall have a five percent (5%) slope toward the channels specified in subsection (4)(F) of this rule, unless steeper slopes are necessary in conjunction with approved roads.

Notes

10 CSR 40-3.060

AUTHORITY: sections 444.530 and 444.810, RSMo 2000.* Original rule filed Oct. 12, 1979, effective Feb. 11 , 1980. Amended: Filed Aug. 8, 1980, effective Dec. 11 , 1980. Amended: Filed Dec. 10, 1980, effective April 11 , 1981. Amended: Filed Sept. 15, 1988, effective Jan. 15, 1989. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed Sept. 15, 1994, effective April 30, 1995. Amended: Filed Dec. 17, 2012, effective July 30, 2013. Amended by Missouri Register October 1, 2018/Volume 43, Number 19, effective 11/30/2018

*Original authority: 444.530, RSMo 1979, amended 1983, 1990, 1993, 1995 and 444.810, RSMo 1979, amended 1983, 1993, 1995.