30 CFR 817.102 - How must I backfill surface excavations and grade and configure the land surface?
(a) You, the permittee or operator, must backfill all surface excavations and grade all disturbed areas in compliance with the plan approved in the permit in accordance with § 784.12(d) of this chapter to -
(1) Restore the approximate original contour as the final surface configuration, except in the following situations:
(vi) The placement, in accordance with § 784.35(b)(3) of this chapter, of what would otherwise be excess spoil on the mined-out area to heights in excess of the premining elevation when necessary to avoid or minimize construction of excess spoil fills on undisturbed land.
(C) You demonstrate, through standard geotechnical analysis, that the spoil or underground development waste has a 1.3 static safety factor for material placed on a solid bench and a 1.5 static safety factor for material not placed on a solid bench.
(F) The regulatory authority determines that disturbance of the existing spoil or underground development waste would increase environmental harm or adversely affect the health or safety of the public.
(ii) Specialized grading, foundation conditions, or roads are required for the approved postmining land use, in which case the final grading may include a terrace of adequate width to ensure the safety, stability, and erosion control necessary to implement the postmining land use.
(i) You may construct or retain small depressions if -
(A) They are needed to retain moisture, minimize erosion, create or enhance wildlife habitat, or assist revegetation;
(C) You demonstrate that they will not result in elevated levels of parameters of concern in discharges from the backfilled and graded area.
(B) They are suitable for the approved postmining land use; and
(C) You demonstrate compliance with the future maintenance provisions of § 800.42(c)(5) of this chapter.
(D) You have obtained all necessary approvals and authorizations under section 404 of the Clean Water Act, 33 U.S.C. 1344, when the impoundment is located in waters subject to the jurisdiction of the Clean Water Act, 33 U.S.C. 1251et seq.
(iv) You may retain modified highwall segments to the extent necessary to replace similar natural landforms removed by the mining operation. The regulatory program must establish the conditions under which these highwall segments may be retained and the modifications that must be made to the highwall to ensure that -
(A) The retained segment resembles similar landforms that existed before any mining and restores the ecological niches that those landforms provided. Nothing in this paragraph authorizes the retention of modified highwall segments in excess of the number, length, and height needed to replace similar landforms that existed before any mining.
(C) The retained segment does not create an increased safety hazard compared to the features that existed before any mining.
(D) The exposure of water-bearing strata, if any, in the retained segment does not adversely impact the hydrologic balance.
(5) Minimize erosion and water pollution, both on and off the site.
(6) Support the approved postmining land use.
(2) Spoil placed outside surface excavations in non-steep slope areas to restore the approximate original contour by blending the spoil into the surrounding terrain, provided that you comply with the following requirements:
(i) You must remove all vegetation and other organic matter from the area upon which you intend to place spoil for blending purposes. You may not burn these materials; you must store, redistribute, use, or bury them in the manner specified in § 817.22(f) of this part.
(c) You must compact spoil and waste materials when necessary to ensure stability or to prevent the formation of acid or toxic mine drainage, but, to the extent possible, you must avoid compacting spoil, soil, and other materials placed in what will be the root zone of the species planted under the revegetation plan approved in the permit in accordance with § 784.12(g) of this chapter.
(1) You must cover all exposed coal seams with material that is noncombustible, nonacid-forming, and nontoxic-forming.
(2) You must handle and dispose of all other combustible materials exposed, used, or produced during mining in accordance with § 817.89 of this part in a manner that will prevent sustained combustion, as approved in the permit in accordance with § 784.12(j) of this chapter.
(3) You must handle all other acid-forming and toxic-forming materials -
(ii) In compliance with § 817.38 of this part;
(iv) In a manner that will minimize adverse effects on plant growth and the approved postmining land use.
(e) You must dispose of any coal mine waste placed in the surface excavation in accordance with §§ 817.81 and 817.83 of this part, except that a long-term static safety factor of 1.3 will apply instead of the 1.5 factor specified in § 817.81(d)(2) of this part.
(f) You must prepare final-graded surfaces in a manner that minimizes erosion and provides a surface for replacement of soil materials that will minimize slippage.
Title 30 published on 2015-10-21
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 30 CFR Part 817 after this date.
- 30 CFR 817.106 — What Special Provisions for Backfilling, Grading, and Surface Configuration Apply to Previously Mined Areas With a Preexisting Highwall?
- 30 CFR 817.107 — What Special Provisions for Backfilling, Grading, and Surface Configuration Apply to Operations on Steep Slopes?
- 30 CFR 701.5 — Definitions.
- 30 CFR 817.74 — What Special Requirements Apply to Disposal of Excess Spoil on a Preexisting Bench?
- 30 CFR 785.16 — What Special Provisions Apply to Proposed Variances From Approximate Original Contour Restoration Requirements for Steep-Slope Mining?
- 30 CFR 784.12 — What Must the Reclamation Plan Include?
- 30 CFR 784.24 — What Requirements Apply to the Postmining Land Use?