§ 880-X-10C-.54. Backfilling And Grading: Thin Overburden
(1) The provisions of this Rule apply only where the final thickness is less than 0.8 of the initial thickness. Initial thickness is the sum of the overburden thickness and coal thickness prior to removal of coal. Final thickness is the product of the overburden thickness prior to removal of coal, times the bulking factor to be determined for each permit area. The provisions of this Rule apply only when surface mining activities cannot be carried out to comply with Rule 880-X-10C-.53 to achieve the approximate original contour.
(2) In surface mining activities carried out continuously in the same limited pit area for more than 1 year from the day coal-removal operations begin and where the volume of all available spoil and suitable waste materials over the permit area is demonstrated to be insufficient to achieve the approximate original contour of the lands disturbed, surface mining activities shall be conducted to meet, at a minimum, the following standards:
(a) Haul or convey, backfill, and grade, using all available spoil and suitable waste materials from the entire permit area, to attain the lowest practicable stable grade, to achieve a static safety factor of 1.3, and to provide adequate drainage and long-term stability of the regraded areas and cover all acid-forming and toxic-forming materials.
(b) Eliminate highwalls by grading or backfilling to stable slopes not exceeding lv:2h (50 percent), or such lesser slopes as the State Regulatory Authority may specify to reduce erosion, maintain the hydrologic balance, or allow the approved postmining land use.
(c) Haul or convey, backfill, grade, and revegetate in accordance with Rules 880-X-10C-.58 - 880-X-10C-.63, to achieve an ecologically sound land use compatible with the approved postmining land use for the permit area; and
(d) Haul or convey, backfill, and grade, to ensure impoundments are constructed only where --
1. It has been demonstrated to the State Regulatory Authority's satisfaction that all requirements of Rules 880-X-10C-.12 - 880-X-10C-.27 have been met; and
2. The impoundments have been approved by the State Regulatory Authority as suitable for the approved postmining land use and as meeting the requirements of this Rule and all other applicable State and Federal laws and regulations.
Author: Randall C. Johnson(May 20, 1982; Amended: November 14, 1989; effective: March 7, 1991.)
Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 76, 80, 84, 90, 92, 97.
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