(a)  No later than 30 working days or 60 calendar days, whichever is less after coal combustion by‑product placement has ceased, the final cover shall be applied over the coal combustion by‑product placement area.

(b)  The final surface of the structural fill shall be graded and provided with drainage systems that:

(1)           Minimize erosion of cover materials; and

(2)           Promote drainage of area precipitation, minimize infiltration and prevent ponding of surface water on the structural fill.

(c)  Other erosion control measures, such as temporary mulching, seeding, or silt barriers shall be installed to ensure no visible coal combustion by‑product migration to adjacent properties until the beneficial end use of the project is realized.

(d)  The constructor or operator shall submit a certification to the Division signed and sealed by a registered professional engineer or signed by the Secretary of the Department of Transportation or his designee certifying that all requirements in the Rules of this Section have been met.  The report shall be submitted within 30 days of application of the final cover.

(e)  The Division and the Department of Transportation shall agree on specific closure criteria that apply to Department of Transportation projects.


History Note:        Authority G.S. 130A‑294;

Eff. January 4, 1994.