Laserfiche WebLink
/ <br />NOV CV -2011 -005 <br />Part 1- Failure to place all underground development waste in existing disposal areas approved by the <br />Division within the permit area. <br />Part 2 — Failure to dispose of noncoal wastes in a State - approved disposal site operated in accordance <br />with local, State, and Federal requirements. <br />Part 3 — Failure to conduct all surface coal mining and reclamation operations only as described in the <br />approved application. <br />Part 4 — Failure to comply with the terms and conditions of the permit, all applicable performance <br />standards of the Act, and the requirements of the Rules. <br />Statutory and Regulatory Basis for NOV <br />Statutory Sections - 34- 33- 120(2) (n), 34- 33- 121(2) (d) <br />Rule 2.07.7(7) — (7) The permittee shall conduct all surface coal mining and reclamation operations only as <br />described in the approved application, except as otherwise directed by the Division in the permit. <br />Rule 2.07.7(8) — (8) The permittee shall comply with the terms and conditions of the permit, all applicable <br />performance standards of the Act, and the requirements of these Rules. <br />Rule 4.10.1(1) — <br />(1) All coal mine waste shall be transported and placed in new and existing disposal areas approved by <br />the Division for this purpose. These areas shall be within a permit area. The disposal area shall be <br />designed, constructed, inspected and maintained: <br />(a) In accordance with 4.09.1, 4.09.2, 4.10, and 4.11; and <br />(b) To prevent combustion. <br />(2) Coal mine waste materials from activities located outside a permit area, such as those activities at <br />other mines or abandoned mine waste piles may be disposed of in the permit area only if approved by <br />the Division. Approval shall be based on a showing by the person who conducts surface coal mining <br />operations in the permit area, using hydrologic, geotechnical, physical, and chemical analysis, that <br />disposal of these materials does not: <br />(a) Adversely affect water quality, water flow, or vegetation; <br />(b) Create public health hazards; or <br />(c) Cause instability in the disposal areas. <br />Rule 4.11.4(2) — Final disposal of noncoal wastes shall be in a designated disposal site in the permit area or <br />in a State - approved solid waste disposal area outside the permit area. Disposal sites located within the <br />permit area shall be constructed to ensure that leachate and surface runoff do not degrade surface or <br />ground water, fires are prevented, and that the area remains stable and suitable for reclamation compatible <br />with the natural surroundings. Wastes shall be routinely compacted and covered to prevent combustion <br />and wind -born waste. When the disposal is completed a minimum of 2 feet of soil cover shall be placed <br />over the site, slopes stabilized, and revegetation accomplished in accordance with 4.15. The Division may <br />