Where the surface mining activities are reaffecting previously mined lands that have not been restored to approximate original contour, the Department may approve, in writing, terracing or other alternatives to contouring if the operator demonstrates the following:

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, including, but not limited to, bottom rock exposed or affected by the operator in surface mining of steeply inclined coal seams, is eliminated.
5. (5) In eliminating the highwall including, but not limited to, bottom rock exposed or affected in surface mining by the operator of steeply inclined coal seams, the area is backfilled and graded to the most moderate slope possible. The final slopes may not exceed either the angle of repose or 35 degrees, whichever is the lesser.
6. (6) The final slopes are consistent with the approved postmining land use.

Source

The provisions of this § 88.116 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075. Immediately preceding text appears at serial pages (148777) to (148778).

Cross References

This section cited in 25 Pa. Code § 88.115 (relating to backfilling and grading: general requirements); 25 Pa. Code § 88.381 (relating to general requirements); and 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards).