460:20-27-14 - Reclamation plan: siltation structures, impoundments, banks, dams, and embankments

460:20-27-14. Reclamation plan: siltation structures, impoundments, banks, dams, and embankments

(a) General. Each application shall include a general plan for each proposed siltation structure, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area.

(1) Each general plan shall:

(A) Be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer, with assistance from experts in related fields such as landscape architecture;

(B) Contain a description map, and cross section of the structure and its location;

(C) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure;

(D) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred; and

(E) Contain a certification statement which includes a schedule setting forth the dates that any detailed design plans for structures that are not submitted with the general plan will be submitted to the Department. The Department shall have approved, in writing, the detailed design plan for a structure before construction of the structure begins.

(2) Impoundments meeting the class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VT-TR60, Oct. 1985). "Earth Dams and Reservoirs," Technical Release No. 60 (R-60) shall comply with the requirements of this section for structures that meet or exceed the size or other criteria of the Mine Safety and Health Administration (MSHA). The technical release is hereby incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 51. Copies may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, Order No. P87-157509/AS. Copies can be inspected at the Oklahoma Department of Mines, 2915 N. Classen Blvd., Suite 213, Oklahoma City, OK 73106. Each detailed design plan for a structure that meets or exceeds the size or other criteria of the Mine Safety and Health Administration, 30 CFR 77.216(a), shall:

(A) Be prepared by, or under the direction of, and certified, registered, professional engineer with assistance from experts in related fields such as geology, land surveying, and landscape architecture;

(B) Include any geotechnical investigation, design, and construction requirements for the structure;

(C) Describe the operation and maintenance requirements for such structure; and

(D) Describe the timetable and plans to remove each structure, if appropriate.

(3) Each detailed design plan for a structure that does meet size or other criteria of 30 CFR 77.216(a) or the Class B or C criteria for dams, in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), "Earth Dams and Reservoirs" Technical Release No. 60 (TR-60) shall:

(A) Be prepared by, or under the direction of, and certified by a qualified, registered, professional engineer,

(B) Include any design and construction requirements for the structure, including any required geotechnical information;

(C) Describe the operation and maintenance requirements for each structure; and

(D) Describe the timetable and plans to remove each structure, if appropriate.

(b) Siltation structure. Siltation structure, whether temporary or permanent, shall be designed in compliance with the requirements of Section 460:20-43-12 of this Chapter. Any impoundment or earthen structure which will remain on the proposed permit area as a permanent water impoundment shall be designed to comply with the requirements of Section 460:20-43-14 of this Chapter. Each plan shall, at a minimum, comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216.

(c) Sedimentation ponds: permanent and temporary impoundments.

(1) Permanent and temporary impoundments shall be designed to comply with the requirements of Section 460:20-43-14 of this Chapter. Each plan shall comply with the requirements of the Mine Health Safety Administration, 30 CFR 77.216.

(2) Each plan for an impoundment meeting the size or other criteria of the Mine Safety and Health Administration shall comply with the requirements of 20 CFR 77.216-1 and 77.216-2. The plan required to be submitted to the District Manager of MSHA under 30 CFR 77.216 shall be submitted to the Department as part of the permit application in accordance with Subsection (a) of this section.

(3) For an impoundment not meeting the size or other criteria of 30 CFR 77.216(a) or the Class B or C criteria for dams in TR-60, (210-VI-TR-60, Oct. 1985), "Earth Dams and Reservoirs" or located where failure would not be expected to cause loss of life or serious property damage, the Department may establish through 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 minimum static safety factor of 1.3 specified in Section 460:20-43-14(a)(3)(B) of this Chapter.

(d) Coal processing waste banks. Coal processing waste banks shall be designed to comply with the requirements of Sections 460:20-43-29 through 460:20-43-31 of this Chapter.

(e) Coal processing waste dams and embankments. Coal processing waste dams and embankments shall be designed to comply with the requirements of Sections 460:20-43-29 through 460:20-43-31 of this Chapter. Each plan shall comply with the requirements of the Mine Health Safety Administration, 30 CFR 77.216-1 and 77.216-2, and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineering geologist, according to the following:

(1) The number, location, and depth of borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions.

(2) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered.

(3) All springs, seepage, and ground-water flow observed or anticipated during wet periods in an area of the proposed dam or embankment shall be identified on each plan.

(4) Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(f) Stability analysis. If the structure meets Class B or C criteria for dams in TR-60 or meets the size or other criteria of 30 CFR 77.216(a), each plan under subsection (b), (c), and (e) of this section shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014 Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/14/2019)

Amended at 12 Ok Reg 117, eff 9-29-94 through 7-14-95 (emergency); Amended at 12 Ok Reg 3592, eff 10-12-95; Amended at 16 Ok Reg 3526, eff 9-13-99

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