30 CFR 816.106 - Backfilling and grading: Previously mined areas.

§ 816.106 Backfilling and grading: Previously mined areas.
(a) Remining operations on previously mined areas that contain a preexisting highwall shall comply with the requirements of §§ 816.102 through 816.107 of this chapter, except as provided in this section.
(b) The requirements of § 816.102(a) (1) and (2) requiring the elimination of highwalls shall not apply to remining opertions 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. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:
(1) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil in the immediate vicinity of the remining operation shall be included within the permit area.
(2) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability.
(3) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the regulatory authority, that the highwall remnant is stable.
(4) Spoil placed on the outslope during previous mining operations 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]

Title 30 published on 2013-07-01

no entries appear in the Federal Register after this date.

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United States Code
U.S. Code: Title 30 - MINERAL LANDS AND MINING

Title 30 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 30 CFR 816 after this date.

  • 2014-07-25; vol. 79 # 143 - Friday, July 25, 2014
    1. 79 FR 43326 - Petition To Initiate Rulemaking; Use of Explosives on Surface Coal Mining Operations
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement
      Notice; availability of petition to initiate rulemaking and request for comments on the petition.
      Electronic or written comments: We will accept written comments on the proposed rule on or before August 25, 2014.
      30 CFR Parts 816 and 817