C.F.R. » Title 30 » CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER K—PERMANENT PROGRAM PERFORMANCE STANDARDS › PART 816—PERMANENT PROGRAM PERFORMANCE STANDARDS—SURFACE MINING ACTIVITIES

30 C.F.R. § 816.104

Backfilling and grading: Thin overburden

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(a) Definition. Thin overburden means insufficient spoil and other waste materials available from the entire permit area to restore the disturbed area to its approximate original contour. Insufficient spoil and other waste materials occur where the overburden thickness times the swell factor, plus the thickness of other available waste materials, is less than the combined thickness of the overburden and coal bed prior to removing the coal, so that after backfilling and grading the surface configuration of the reclaimed area would not:

(1) Closely resemble the surface configuration of the land prior to mining; or

(2) Blend into and complement the drainage pattern of the surrounding terrain.

(b) Performance standards. Where thin overburden occurs within the permit area, the permittee at a minimum shall:

(1) Use all spoil and other waste materials available from the entire permit area to attain the lowest practicable grade, but not more than the angle of repose; and

(2) Meet the requirements of §§ 816.102(a)(2) through (j) of this part.

[56 FR 65635, Dec. 17, 1991, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]
Notes of Decisions
Cited in 2 cases, 1988–1988 · leading case: Nat'l Wildlife Fed'n v. Donald P. Hodel, Sec'y of the Interior, 839 F.2d 694 (D.C. Cir. 1988).
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Nat'l Wildlife Fed'n v. Donald P. Hodel, Sec'y of the Interior, 839 F.2d 694 (D.C. Cir. 1988). · cites it 4× “30 C.F.R. § 816.104 and § 816.105 (1982).”
Illinois South Proj., Inc. v. Donald P. Hodel, Sec'y of the Interior, 844 F.2d 1286 (7th Cir. 1988). “§ 1265 (b)(3), and the Secretary's regulations, 30 C.F.R. §§ 816.104 -.105, recognize this and allow variations on the original contour in these situations.”
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