25 Pa. Code § 87.73 - Dams, ponds, embankments and impoundments
(a) An application shall contain a general
plan and a detailed design for each temporary and permanent dam, pond,
embankment and impoundment, and coal refuse dam or embankment within the
proposed permit area.
(b) The
general plan shall contain the following:
(1)
A description, map and cross section of the structure and its
location.
(2) Preliminary
hydrologic and geologic information required to assess the hydrologic impact of
the structure.
(3) 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.
(4) A certification statement which includes
a schedule setting forth the dates that detailed design plans for structures
that are not submitted with the initial application. The detailed design of the
structure shall be approved by the Department, in writing, before construction
of the structure begins.
(c) The detailed design plan for a structure
shall:
(1) Be prepared by, or under the
direction of, and certified by a qualified registered professional engineer
with assistance, as necessary, from experts in related fields such as geology,
land surveying and landscape architecture, when a permit under Chapter 105
(relating to dam safety and waterway management) is required or when
impoundments meet or exceed MSHA size classification or other criteria of
30 CFR
77.216(a) (relating to water
sediment or slurry impoundment and impounding structures; general). When a
permit under Chapter 105 is not required or when impoundments do not meet or
exceed the MSHA size classification or other criteria of
30 CFR
77.216(a) (relating to water
sediment or slurry impoundment and impounding structures; general), the
detailed design plan shall be prepared by, or under the direction of, and
certified by a qualified registered professional engineer or qualified
registered land surveyor.
(2)
Include design and construction requirements for each structure, including
required geotechnical information.
(3) Describe the operation and maintenance
requirements for each structure.
(4) Describe the timetable and plans to
remove each structure, if appropriate. An impounding structure constructed of
coal refuse or used to impound coal refuse may not be retained permanently as
part of the approved postmining land use, unless it develops into a fill
meeting the construction requirements of §
90.122 (relating to coal refuse
disposal).
(5) Include a stability
analysis if the structure is more than 20 feet in height as measured from the
upstream toe of the embankment to the crest of the emergency spillway or has a
storage volume of more than 20 acre feet.
(d) The detailed design of sedimentation
ponds shall include the information required by §
87.108 (relating to hydrologic
balance: sedimentation ponds).
(e)
The detailed design of a coal processing waste dam or embankment shall include
the information required by Chapter 90 (relating to coal refuse
disposal).
Notes
The provisions of this § 87.73 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1-1396.19a); The Clean Streams Law (35 P. S. §§ 691.1-691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
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