La. Admin. Code tit. 43 § XV-2725

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-2725 - Reclamation Plan: Ponds, Impoundments, Banks, Dams and Embankments

A. General. Each application shall include a general plan and a detailed design plan for each proposed siltation structure, sedimentation pond, water impoundment, and coal processing waste bank, dam or embankment within the proposed mine plan area.

1. Each general plan shall:

a. be prepared by, or under the direction of, and certified by a qualified registered professional engineer, or by a professional geologist with assistance from experts in related fields such as land surveying and 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 office. The office 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 Number 60 (210-VI-TR60, Oct. 1985), Earth Dams and Reservoirs, Technical Release Number 60 (TR-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 Part 51. Copies may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, order Number PB 87-157509/AS. Copies can be inspected at the OSM Headquarters Office, Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 660, 800 North Capitol Street, Washington, D.C. or at the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, D.C. Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, Sec. 77. 216(a) of this chapter shall:

a. be prepared by, or under the direction of, and certified by a qualified registered professional engineer, experienced in the design of similar earth and waste structures, 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 each structure; and

d. describe the timetable and plans to remove each structure, if appropriate.

3. Each detailed design plan for a structure not included in §2725. A.2 shall:

a. be prepared by, or under the direction of, and certified by a qualified registered professional engineer, experienced in the design of similar earth and waste structures; except that all coal processing waste dams and embankments covered by §5375-5395 shall be 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. Sedimentation Ponds. Sedimentation ponds, whether temporary or permanent, shall be designed in compliance with the requirements of §5327 Any sedimentation pond or earthen structure which will remain on the proposed mine plan area as a permanent water impoundment shall also be designed to comply with the requirements of §5333 Each plan shall, at a minimum, comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2.

C. Permanent and Temporary Impoundments. Permanent and temporary impoundments shall be designed to comply with the requirements of §5333 Each plan shall comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2.

1. For impoundments not included in §2725. A 2, engineering design standards shall 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 §5333

D. Coal Processing Waste Banks. Coal processing waste banks shall be designed to comply with the requirements of §5375-5381

E. Coal Processing Waste Dams and Embankments. Coal processing waste dams and embankments shall be designed to comply with the requirements of §5391-5395 Each plan shall comply with the requirements of the Mine Safety and Health 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 engineer or 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 the 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. If the structure meets the 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 §2725. B, C and E 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 alternatively considered in selecting the specific design parameters and construction methods.

La. Admin. Code tit. 43, § XV-2725

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994), LR 24:2283 (December 1998).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.