25 Pa. Code § 88.115 - Backfilling and grading: general requirements
(a) Disturbed areas shall be returned to
their approximate original contour except as specifically exempted in §
88.116 (relating to backfilling
and grading: reaffecting previously mined lands).
(b) Backfilled material shall be placed to
minimize adverse effects on groundwater, minimize offsite effects, and to
support the approved postmining land use.
(c) Timing of backfilling and grading may not
exceed the following:
(1) If the method of
mining is contour mining or modified block-cut mining, rough backfilling and
grading shall follow coal removal by not more than 60 days or no more than
1,500 linear feet may be opened at any time. The Department may grant
additional time for rough backfilling and grading if the operator can
demonstrate, through a detailed analysis, that additional time is
necessary.
(2) If the method of
mining is open pit mining, rough backfilling and grading shall occur in
accordance with the time schedule approved by the Department, which shall
specifically establish in stated increments the period between removal of coal
and completion of backfilling and grading.
(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. However,
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 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.
Notes
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