When the surface mining activities are affecting lands that had previously been mined to prior current practices and standards, the Department may approve, in writing, terracing as an alternative to contouring of the areas if the operator demonstrates that:

1. (1) The area proposed to be affected cannot be reclaimed to approximate original contour.
2. (2) Reaffecting the area is likely to produce an environmental benefit.
3. (3) Overburden and spoil is retained on the solid portion of existing or new benches.
4. (4) The highwall is eliminated.
5. (5) The area is backfilled and graded to the most moderate slope possible in eliminating the highwall. The final slopes shall achieve a minimum static safety factor of 1.3.
6. (6) The final slopes are consistent with the approved postmining land use.

Source

The provisions of this § 87.142 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148683) to (148684).

Cross References

This section cited in 25 Pa. Code § 87.68 (relating to reclamation information); 25 Pa. Code § 87.104 (relating to stream channel diversions); 25 Pa. Code § 87.140 (relating to contemporaneous reclamation); 25 Pa. Code § 87.141 (relating to backfilling and grading: general requirements); 25 Pa. Code § 87.174 (relating to steep slope operations); 25 Pa. Code § 87.175 (relating to variance to contouring); 25 Pa. Code § 87.180 (relating to prime farmland: soil replacement); and 25 Pa. Code § 89.84 (relating to backfilling and grading).