020-5 Wyo. Code R. §§ 5-7 - Remining
(a) Under the following conditions, the
requirements in Chapter 4, Section
2(b)(iv), requiring the
elimination of highwalls shall not apply to operations which affect land
disturbed by previous coal mining operations which were not reclaimed in
accordance with the requirements of Chapter 4, Section
2(b) (i.e., State Program
requirements):
(i) Where the volume of all
reasonably available spoil is demonstrated in writing to the Administrator to
be insufficient to completely backfill the reaffected or enlarged highwall, and
this condition is documented in writing by the Administrator, the highwall
shall be eliminated to the maximum extent technically practical in accordance
with the following criteria:
(A) All spoil
generated by the remining operation and any other reasonably available spoil
shall be used to backfill the area. Under this Section, "reasonably available
spoil" means spoil located in the immediate vicinity of the remining operation,
which shall be included in the permit area, that is accessible and available
for use and that when rehandled will not cause a hazard to public safety or
significant damage to the environment.
(B) The backfill shall be graded to a slope
which is compatible with the approved postmining land use and which provides
adequate drainage and long-term stability.
(C) Any portion of highwall that remains
after backfilling and grading of the remining permit area shall be stable and
not pose a hazard to the public health and safety or to the environment. The
operator shall demonstrate to the Administrator that the remaining highwall is
stable.
(b)
For revegetation success standards, as a minimum, the vegetative ground cover
shall not be less than the ground cover existing before redisturbance and shall
be adequate to control erosion.
Notes
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