Surface Mining Reclamation and Enforcement, Interior § 715.14

to public health or safety nor will they premining natural slopes in the area as pose any actual or probable threat of defined in paragraph (a). water flow diminution or pollution. (a) Slope measurements. (1) To deter- (7) The use or uses will not involve mine the natural slopes of the area be- unreasonable delays in reclamation. fore mining, sufficient slopes to ade- (8) Necessary approval of measures to quately represent the land surface con- prevent or mitigate adverse effects on figuration, and as approved by the reg- fish and wildlife has been obtained ulatory authority in accordance with from the regulatory authority and ap- site conditions, must be accurately propriate State and Federal fish and measured and recorded. Each measure- wildlife management agencies. ment shall consist of an angle of incli- (9) Proposals to change premining nation along the prevailing slope ex- land uses of range, fish and wildlife tending 100 linear feet above and below habitat, forest land, hayland, or pas- or beyond the coal outcrop or the area ture to a postmining cropland use, to be disturbed; or, where this is im- where the cropland would require practical, at locations specified by the continous maintenance such as seed- regulatory authority. Where the area ing, plowing, cultivation, fertilzation, has been previously mined, the meas- or other similar practices to be prac- urements shall extend at least 100 feet ticable or to comply with applicable beyond the limits of mining disturb- Federal, State, and local laws, shall be ances as determined by the regulatory reviewed by the regulatory authority authority to be representative of the to assure that— premining configuration of the land. (i) There is a firm written commit- Slope measurements shall take into ac- ment by the permittee or by the land- count natural variations in slope so as owner or land manager to provide suffi- to provide accurate representation of cient crop management after release of the range of natural slopes and shall applicable performance bonds to assure reflect geomorphic differences of the that the proposed postmining cropland area to be disturbed. Slope measure- use remains practical and reasonable; ments may be made from topographic (ii) There is sufficient water avail- maps showing contour lines, having able and committed to maintain crop sufficient detail and accuracy con- production; and sistent with the submitted mining and (iii) Topsoil quality and depth are reclamation plan. shown to be sufficient to support the (2) After the disturbed area has been proposed use. graded, the final graded slopes shall be (10) The regulatory authority has measured at the beginning and end of provided by public notice not less than lines established on the prevailing 45 days nor more than 60 days for inter- slope at locations representative of ested citizens and local, State and Fed- premining slope conditions and ap- eral agencies to review and comment proved by the regulatory authority. on the proposed land use. These measurements must not be made so as to allow unacceptably steep [42 FR 62680, Dec. 13, 1977; 43 FR 2721, Jan. 19, slopes to be constructed. 1978] (b) Final graded slopes. (1) The final graded slopes shall not exceed either § 715.14 Backfilling and grading. the approximate premining slopes as In order to achieve the approximate determined according to paragraph orginal contour, the permittee shall, (a)(1) and approved by the regulatory except as provided in this section, authority or any lesser slope specifed transport, backfill, compact (where ad- by the regulatory based on consider- visable to ensure stability or to pre- ation of soil, climate, or other charac- vent leaching of toxic materials), and teristics of the surrounding area. grade all spoil material to eliminate Postmining final graded slopes need all highwalls, spoil piles, and depres- not be uniform. The requirements of sions. Cut-and-fill terraces may be used this paragraph may be modifed by the only in those situations expressly iden- regulatory authority where the mining tified in this section. The postmining is reaffecting previously mined lands graded slopes must approximate the that have not been restored to the

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standards of this section and sufficient shall apply to surface mining oper- spoil is not available to return to the ations which remove entire coal seams slope determined according to para- in the upper part of a mountain, ridge, graph (a)(1). Where such modifications or hill by removing all of the overbur- are approved, the permittee shall, as a den, and where the requirements for minimum, be required to— achieving the approximate original (i) Retain all overburden and spoil on contour of this section cannot be met. the solid portion of existing or new Final graded top plateau slopes on the benches; and mined area shall be less than 1v:5h so (ii) Backfill and grade to the most as to create a level plateau or gently moderate slope possible to eliminate rolling configuration and the outslopes the highwall which does not exceed the of the plateau shall not exceed 1v:2h, angle of repose or such lesser slopes as except where engineering data substan- is necessary to assure stability. tiates and the regulatory authority (2) On approval by the regulatory au- finds that a minimum static safety fac- thority and in order to conserve soil tor of 1.5 (or higher factors specified by moisture, ensure stability, and control the regulatory authority) will be at- erosion on final graded slopes, cut-and- tained. Although the area need not be fill terraces may be allowed if the ter- restored to approximate original con- races are compatible with the tour, all highwalls, spoil piles, and de- postmining land use approved under pressions except as provided in para- § 715.13, and are appropriate substitutes graphs (d) and (e) of this section shall for construction of lower grades on the be eliminated. All mountaintop re- reclaimed lands. The terraces shall moval operations shall in addition meet the following requirements: meet the provisions of § 716.3 of this (i) Where specialized grading, founda- chapter. tion conditions, or roads are required (d) Small depressions. The requirement for the approved postmining land use, of this section to achieve approximate the final grading may include a terrace original contour does not prohibit con- of adequate width to ensure the safety, struction of small depressions if they stability, and erosion control necessary are approved by the regulatory author- to implement the postmining land use ity to minimize erosion, conserve soil plan. moisture or promote revegetation. (ii) The vertical distance between These depressions shall be compatible terraces shall be as specified by the with the approved postmining land use regulatory authority to prevent exces- and shall not be inappropriate sub- sive erosion and to provide long-term stitutes for construction of lower stability. grades on the reclaimed lands. Depres- (iii) The slope of the terrace outslope sions approved under this section shall shall not exceed 1v:2h (50 percent). Out- have a holding capacity of less than 1 slopes which exceed 1v:2h (50 percent) cubic yard of water or, if it is nec- may be approved if they have a min- essary that they be larger, shall not re- imum static safety factor of more than strict normal access throughout the 1.5 and provide adequate control over area or constitute a hazard. Large, per- erosion and closely resemble the sur- manent impoundments shall be gov- face configuration of the land prior to erned by paragraph (e) of this section mining. In no case may highwalls be and by § 715.17. left as part of terraces. (e) Permanent impoundments. Perma- (iv) Culverts and underground rock nent impoundments may be retained in drains shall be used on the terrace only mined and reclaimed areas provided all when approved by the regulatory au- highwalls are eliminated by grading to thority. appropriate contour and the provisions (3) All operations on steep slopes of for postmining land use (§ 715.13) and 20 degrees or more or on such lesser protection of the hydrologic balance slopes as the regulatory authority de- (§ 715.17) are met. No impoundments fines as a steep slope shall meet the shall be constructed on top of areas in provisions of § 716.2 of this chapter. which excess materials are deposited (c) Mountaintop removal. The require- pursuant to § 715.15 of this part. Im- ments of this paragraph and of § 716.3 poundments shall not be used to meet

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the requirements of paragraph (j) of § 715.17 have been met and that the im- this section. poundments have been approved by the (f) Definition of thin and thick restored regulatory authority as meeting the overburden. The thin overburden provi- requirements of this part and all other sions of paragraph (g) of this section applicable Federal and State regula- may apply only where the final thick- tions. ness is less than 0.8 of the initial thick- (h) Thick overburden. In surface coal ness. The thick overburden provisions mining operations where the volume of of paragraph (h) of this section may spoil is demonstrated to be more than apply only where the final thickness is sufficient to achieve the approximate greater than 1.2 of the initial thick- original contour surface coal mining ness. Initial thickness is the sum of the operations shall be conducted to meet overburden thickness and coal thick- at a minimum the following standards: ness. Final thickness is the product of (1) Transport, backfill, and grade all the overburden thickness times the spoil and wastes not required to bulking factor to be determined for achieve approximate original contour each mine area. The provisions of para- in the surface mining area to the low- graphs (g) and (h) apply only when op- est practicable grade. erations cannot be carried out to com- (2) Deposit, backfill, and grade excess ply with the requirements of paragraph spoil and wastes only within the per- (a) of this section to achieve the ap- mit area and dispose of such materials proximate original contour. in conformance with this part. (g) Thin overburden. In surface coal (3) Transport, backfill, and grade ex- mining operations carried out continu- cess spoil and wastes to maintain the ously in the same limited pit area for hydrologic balance in accordance with more than 1 year from the day coal-re- this part and to provide long-term sta- moval operations begin and where the bility. volume of all available spoil and suit- (4) Transport, backfill, grade, and re- able waste materials is demonstrated vegetate wastes and excess spoil to to be insufficient to achieve approxi- achieve an ecologically sound land use mate original contour, surface coal compatible with the prevailing land mining operations shall be conducted uses in unmined areas surrounding the to meet, at a minimum, the following permit area. standards: (5) Eliminate all highwalls and de- (1) Transport, backfill, and grade, pressions except as stated in paragraph using all available spoil and suitable (e) of this section by backfilling with waste materials from the entire mine spoil and suitable waste materials. area, to attain the lowest practicable (i) Regrading or stabilizing rills and stable grade, which may not exceed the gullies. When rills or gullies deeper angle of repose, and to provide ade- than 9 inches form in areas that have quate drainage and long-term stability been regraded and the topsoil replaced of the regraded areas. but vegetation has not yet been estab- (2) Eliminate highwalls by grading or lished the permittee shall fill, grade, or backfilling to stable slopes not exceed- otherwise stabilize the rills and gullies ing 1v:2h (50 percent), or such lesser and reseed or replant the areas accord- slopes as the regulatory authority may ing to § 715.20. The regulatory authority specify to reduce erosion, maintain the shall specify that rills or gullies of hydrologic balance, or allow the ap- lesser size be stabilized if the rills or proved postmining land use. gullies will be disruptive to the ap- (3) Transport, backfill, grade, and re- proved postmining land use or may re- vegetate to achieve an ecologically sult in additional erosion and sedi- sound land use compatible with the mentation. prevailing land use in unmined areas (j) Covering coal and acid-forming, surrounding the permit area. toxic-forming, combustible, and other (4) Transport, backfill, and grade to waste materials; stabilizing backfilled ma- ensure the impoundments are con- terials; and using waste material for fill— structed only where it has been dem- (1) Cover. All exposed coal seams re- onstrated to the regulatory authority’s maining after mining and any acid- satisfaction that all requirements of forming, toxic-forming, combustible

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materials, or any other waste mate- contour would be hazardous to equip- rials identified by the regulatory au- ment operators then grading, prepara- thority that are exposed, used, or pro- tion or placement in a direction other duced during mining shall be covered than generally parallel to the contour with a minimum of 4 feet of nontoxic may be used. In all cases, grading, and noncombustible material; or, if preparation, or placement shall be con- necessary, treated to neutralize tox- ducted in a manner which minimizes icity in order to prevent water pollu- erosion and provides a surface for re- tion and sustained combustion, and to placement of topsoil which will mini- minimize adverse effects on plant mize slippage. growth and land uses. Where necessary [42 FR 62680, Dec. 13, 1977; 43 FR 2721, Jan. 19, to protect against upward migration of 1978, as amended at 47 FR 18553, Apr. 29, 1982] salts, exposure by erosion, to provide an adequate depth for plant growth, or § 715.15 Disposal of excess spoil. to otherwise meet local conditions, the (a) General requirements. (1) Spoil not regulatory authority shall specify required to achieve the approximate thicker amounts of cover using original contour within the area where nontoxic material. Acid-forming or overburden has been removed shall be toxic-forming material shall not be hauled or conveyed to and placed in buried or stored in proximity to a designated disposal areas within a per- drainage course so as to cause or pose mit area, if the disposal areas are au- a threat of water pollution or other- thorized for such purposes in the ap- wise violate the provisions of § 715.17 of proved permit application in accord- this part. ance with paragraphs (a) through (d) of (2) Stabilization. Backfilled materials this section. The spoil shall be placed shall be selectively placed and com- in a controlled manner to ensure— pacted wherever necessary to prevent (i) That leachate and surface runoff leaching of toxic-forming materials from the fill will not degrade surface or into surface or subsurface waters in ac- ground waters or exceed the effluent cordance with § 715.17 and wherever limitations of § 715.17(a) necessary to ensure the stability of the (ii) Stability of the fill; and backfilled materials. The method of (iii) That the land mass designated as compacting material and the design the disposal area is suitable for rec- specifications shall be approved by the lamation and revegetation compatible regulatory authority before the toxic with the natural surroundings. materials are covered. (2) The fill shall be designed using (3) Use of waste materials as fill. Before recognized professional standards, cer- waste materials from a coal prepara- tified by a registered professional engi- tion or conversion facility or from neer, and approved by the regulatory other activities conducted outside the authority. permit area such as municipal wastes (3) All vegetative and organic mate- are used for fill material, it must be rials shall be removed from the dis- demonstrated to the regulatory au- posal area and the topsoil shall be re- thority by hydrogeological means and moved, segregated, and stored or re- chemical and physical analyses that placed under § 715.16. If approved by the use of these materials will not ad- regulatory authority, organic material versely affect water quality, water may be used as mulch or may be in- flow, and vegetation; will not present cluded in the topsoil to control erosion, hazards to public health and safety; promote growth of vegetation, or in- and will not cause instability in the crease the moisture retention of the backfilled area. soil. (k) Grading along the contour. All (4) Slope protection shall be provided final grading, preparation of overbur- to minimize surface erosion at the site. den before replacement of topsoil, and Diversion design shall conform with placement of topsoil, in accordance the requirements of § 715.17(c). All dis- with § 715.16, shall be done along the turbed areas, including diversion contour to minimize subsequent ero- ditches that are not riprapped, shall be sion and instability. If such grading, vegetated upon completion of construc- preparation or placement along the tion.

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