1. (a) 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 the coal bed prior to removing the coal, so that after backfilling and grading the surface configuration of the reclaimed area would not:

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

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

   1. (1) Use all spoil and waste materials available from the entire permit area to attain the lowest practicable grade, but no more than the angle of repose; and
   2. (2) Meet the requirements of Sections 460:20-43-24 (a) (2) through (j) of this Chapter.

Amended at 14 Ok Reg 3496, eff 8-11-97