§ 816.106 - Backfilling and grading: Previously mined areas.

§ 816.106 What special provisions for backfilling, grading, and surface configuration apply to previously mined areas with a preexisting highwall?Backfilling and grading: Previously mined areas.

(a) Remining operations on previously mined areas that contain a preexisting highwall must shall comply with the requirements of §§ 816.102 through 816.107 of this partchapter, except as provided in this section.

(b) The highwall elimination requirements of § 816.102(a) of this part do (1) and (2) requiring the elimination of highwalls shall not apply to remining operations for which you demonstrate in writing, to the regulatory authority's satisfaction, that the where the volume of all reasonably available spoil is demonstrated in writing to the regulatory authority to be insufficient to completely backfill the reaffected or enlarged highwall. Instead, for those operations, you must eliminate the highwall The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

(1) You must use all All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the area. You must include reasonably Reasonably available spoil in the immediate vicinity of the remining operation shall be included within the permit area.

(2) You must grade the backfilled area The backfill shall be graded to a slope that which is compatible with the approved postmining land use and that which provides adequate drainage and long-term stability.

(3) Any highwall remnant must shall be stable and not pose a hazard to the public health and safety or to the environment. You must The operator shall demonstrate, to the satisfaction of the regulatory authority, that the highwall remnant is stable.

(4) You must not disturb spoil Spoil placed on the outslope during previous mining operations if disturbance would shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.

[48 FR 41734, Sept. 16, 1983, as amended at 51 FR 41737, Nov. 18, 1986; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]