30 CFR 816.106 - What special provisions for backfilling, grading, and surface configuration apply to previously mined areas with a preexisting highwall?
(b) The highwall elimination requirements of § 816.102(a) of this part do not apply to remining operations for which you demonstrate in writing, to the regulatory authority's satisfaction, that the volume of all reasonably available spoil is insufficient to completely backfill the reaffected or enlarged highwall. Instead, for those operations, you must eliminate the highwall to the maximum extent technically practical in accordance with the following criteria:
(1) You must use all spoil generated by the remining operation and any other reasonably available spoil to backfill the area. You must include reasonably available spoil in the immediate vicinity of the remining operation within the permit area.
(3) Any highwall remnant must be stable and not pose a hazard to the public health and safety or to the environment. You must demonstrate, to the satisfaction of the regulatory authority, that the highwall remnant is stable.
(4) You must not disturb spoil placed on the outslope during previous mining operations if disturbance would cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.
- 30 CFR 816.102 — How Must I Backfill the Mined Area and Grade and Configure the Land Surface?
- 30 CFR 819.19 — Auger Mining: Backfilling and Grading.
- 30 CFR 773.15 — What Findings Must the Regulatory Authority Make Before Approving a Permit Application?
- 30 CFR 701.5 — Definitions.
- 30 CFR 816.107 — What Special Provisions for Backfilling, Grading, and Surface Configuration Apply to Operations on Steep Slopes?