(a) Disturbed areas shall be returned to
their approximate original contour except as specifically exempted in §
87.142 or §
87.175 (relating to backfilling
and grading: reaffecting previously mined lands; and variance to contouring).
Spoil shall be transported, backfilled, compacted-when advisable to insure
stability or to prevent leaching-and graded to eliminate spoil piles and
depressions. Excess spoil material shall be disposed under §
87.131 (relating to disposal of
excess spoil).
(b) Backfilled
material shall be placed to minimize off-site effects and to support the
approved postmining land use.
(c)
Timing of backfilling and grading shall be concurrent with mining and comply
with the following:
(1) Backfilling and
grading shall follow coal removal by not more than 60 days unless the approved
operation and reclamation plan contains an alternative schedule based on the
applicant's ability to demonstrate through a detailed written analysis under
§
87.68(3)
(relating to reclamation information) that additional time is
necessary.
(2) Backfilling and
grading may not be more than 300 horizontal feet from the face of the highwall
and no more than 1500 horizontal feet of pit may be open at one time. The
Department may, in writing, approve distances in excess of these requirements
as part of the approved operation and reclamation plan if the operator
demonstrates, through a detailed written analysis under §
87.68(3), that
additional distance is needed for reason of multiple seam mining, the size or
amount of equipment being used, topography or method of
mining.
(d) Backfilling
equipment needed to complete the restoration may not be removed from the
operation until backfilling and leveling has been completed and approved in
writing by the Department. Upon written request by the operator to the
Department specifying the need to remove backfilling equipment for protection
of backfilling equipment from weather conditions, for required maintenance or
for protection from vandalism during strikes, the Department may approve, in
writing, the temporary removal if inspection of the site demonstrates that the
operation is in compliance with the rules of the EQB and the statutes of the
Commonwealth relating to environmental protection and that the request for
temporary removal is justified for the reasons specified by the operator.
Temporarily removed backfilling equipment shall be returned to the site
promptly upon the Department's direction. Backfilling equipment shall be
operable, in use and capable of meeting the requirements of the reclamation
plan throughout the life of the mining operation.