§ 817.95 - Stabilization of surface areas.

§ 817.95 How must I protect Stabilization of surface areas from wind and water erosion?.

(a) You must protect and stabilize all All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion.

(b)

(1) You must fill, regrade, or otherwise stabilize rills

Rills and gullies

that

which form in areas that have been regraded and

upon which soil or soil substitute materials have been redistributed. This requirement applies only to rills and gullies that - (i) Disrupt

topsoiled and which either

(1) disrupt the approved postmining land use or the reestablishment of the vegetative cover

;

, or

(

ii

2)

Cause

cause or contribute to a violation of

applicable state or tribal

water quality standards

or effluent limitations, including, but not limited to, water quality standards established under the authority of section 303(c) of the Clean Water Act, 33 U.S.C. 1313(c), and effluent limitations established in any National Pollutant Discharge Elimination System permit issued for the operation under section 402 of the Clean Water Act, 33 U.S.C. 1342, or its state or tribal counterpart;

(iii) Cause or contribute to a violation of applicable state or tribal water quality standards for groundwater; or

(iv) Result in material damage to the hydrologic balance outside the permit area.

(2) You must reapply soil materials to the filled or regraded rills and gullies when necessary to reestablish a vegetative cover. You must then replant those areas.

for receiving streams; shall be filled, regraded, or otherwise stabilized; topsoil shall be replaced; and the areas shall be reseeded or replanted.

[48 FR 1163, Jan. 10, 1983, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]