Current through Vol. 42, No. 1, September 16, 2024
Reclamation efforts, including but not limited to
backfilling, grading, topsoil replacement, and revegetation, on all land that
is disturbed by surface mining activities shall occur as contemporaneously as
practicable with mining operations, except when such mining operations are
conducted in accordance with a variance for concurrent surface and underground
mining activities issued under Section
460:20-33-8 of this
Chapter.
(1)
Timing of
backfilling and grading.
(A)
Contour mining. Rough backfilling and grading shall follow coal
removal by not more than 60 days or 1,500 linear feet. The Department may grant
additional time for rough backfilling and grading if the permittee can
demonstrate, through a detailed written analysis under Section
460:20-27-10(b)(3),
that additional time is necessary.
(B)
Open pit mining with thin
overburden. Rough backfilling and grading shall occur in accordance with
the time schedule approved by the Department, on the basis of the materials
submitted under Section
460:20-27-10(b)(3),
which shall specifically establish in stated increments the period between
removal of coal and completion of backfilling and grading.
(C)
Area strip mining. Rough
backfilling and grading shall be completed within 180 days following coal
removal and shall not be more than four spoil ridges behind the pit being
worked, the spoil from the active pit being considered the first ridge. The
Department may grant additional time for rough backfilling and grading, if the
permittee can demonstrate, through a detailed written analysis under Section
460:20-27-10(b)(3),
that additional time is necessary.
(2)
Annual reporting. Every
twelve months after permit issuance and until final bond release, the permittee
must submit to the Department a map or maps, signed and dated by a licensed
professional engineer or licensed land surveyor, showing:
(A) The current permit boundaries;
(B) The cumulative disturbed acres;
(C) The cumulative acres that have been
backfilled and graded to the approved postmining contours;
(D) The cumulative acres
retopsoiled;
(E) The cumulative
acres where permanent vegetation has been established; and
(F) A map legend detailing the data used to
create the map or maps.
