1. (1) Definition. Thin overburden means insufficient spoil and other waste materials available from the entire permit area to restore the disturbed area to its approximate original contour. Insufficient spoil and other waste materials occur where the overburden thickness times the swell factor, plus the thickness of other available waste materials, is less than the combined thickness of the overburden and coal bed prior to removing the coal, so that after backfilling and grading the surface configuration of the reclaimed area would not:

   1. (a) Closely resemble the surface configuration of the land prior to mining; or
   2. (b) Blend into and complement the drainage pattern of the surrounding terrian.

2. (2) Performance standards. Where thin overburden occurs within the permit area, the permittee at a minimum shall:

   1. (a) Use all spoil and other waste materials available from the entire permit area to attain the lowest particable grade, but not more than the angle of repose; and
   2. (b) Meet the requirements of 880-X-10C-.53(1)(b) through (10).

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 76, 80, 84, 90, 92, 97.

Editor’s Note: On December 4, 1998, the Office of Surface Mining approved this rulemaking adopted by the commission on July 16, 1998. The effective date of this rule will be January 3, 1999.

History: May 20, 1982; Amended: November 14, 1989; effective: March 7, 1991. Repealed and Replaced: Filed July 27, 1998; effective August 31, 1998; operative January 3, 1999.