§ 816.105 - Backfilling and grading: Thick overburden.

§ 816.105 What special provisions for backfilling, grading, and surface configuration apply to sites with thick overburden?Backfilling and grading: Thick overburden.

(a) Applicability. This section applies only where the thickness of all overburden strata multiplied by the swell factor for those strata plus the thickness of any waste materials to be returned to the mined-out area Definition. Thick overburden means more than sufficient spoil and other waste materials available from the entire permit area to restore the disturbed area to its approximate original contour. More than sufficient spoil and other waste materials occur where the overburden thickness times the swell factor exceeds the combined thickness of the overburden strata and the coal seam or seams in place to the extent that there is more material than can be used to restore the approximate original contour. Specifically, the amount of material to be returned to the mined-out area is so large that it is not possible to achieve a surface configuration that closely resembles coal bed prior to removing the coal, so that after backfilling and grading the surface configuration of the reclaimed area would not:

(1) Closely resemble the surface configuration of the

mined

land prior to

any mining

mining; or

(2) Blend into and complement the drainage pattern of the surrounding terrain.

(b) Performance standards. Where thick overburden as described in paragraph (a) of this section occurs within the permit area, you must backfill all mined areas and grade all disturbed areas in accordance with the plan approved in the permit under § 780.12(d) of this chapter. At a minimum, you must -

(1) Backfill the mined-out area to the

the permittee at a minimum shall:

(1) Restore the approximate original contour and then place use the remaining spoil and other waste materials on top of the backfilled area to the extent possible, as determined in accordance with the excess spoil minimization requirements of § 780.35(b) of this chapter.

(2) Grade the backfilled area to the

attain the lowest practicable grade

that is ecologically sound, consistent with the postmining land use, and compatible with the surrounding region. No slope may exceed the

, but not more than the angle of repose

.

;

(

3

2)

Comply with

Meet the requirements of

paragraphs

§§ 816.102 (a)(2) through (

f

j) of

§ 816.102 of

this part

.

; and

(

4

3) Dispose of any excess spoil in accordance with

§

§§ 816.71

or §

through 816.74 of this part.

(5) Ensure that the final surface configuration blends into and complements the drainage pattern of the surrounding terrain to the extent possible.

[56 FR 65635, Dec. 17, 1991, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]