Current through Register Vol. 41, No. 3, September 23, 2024
(a) Disturbed areas shall be backfilled and
graded to:
(1) Achieve the approximate
original contour, except as provided in subsection (k) of this
section;
(2) Eliminate all
highwalls, spoil piles, and depressions, except as provided in subsection (h)
(small depressions) and in subdivision (k)(2) (previously mined highwalls) of
this section;
(3) Achieve a
postmining slope that does not exceed either the angle of repose or such lesser
slope as is necessary to achieve a minimum long-term static safety factor of
1.3 and to prevent slides;
(4)
Minimize erosion and water pollution both on and off the site; and
(5) Support the approved postmining land
use.
(b) Spoil, except
as provided in subsection (l) of this section, and except excess spoil disposed
of in accordance with 4VAC25-130-817.71 through 4VAC25-130-817.75, shall be
returned to the mined-out surface area.
(c) Spoil and waste materials shall be
compacted where advisable to ensure stability or to prevent leaching of toxic
materials.
(d) Spoil may be placed
on the area outside the mined-out surface area in nonsteep slope areas to
restore the approximate original contour by blending the spoil into the
surrounding terrain if the following requirements are met:
(1) All vegetative and organic material shall
be removed from the area.
(2) The
topsoil on the area shall be removed, segregated, stored, and redistributed in
accordance with 4VAC25-130-817.22.
(3) The spoil shall be backfilled and graded
on the area in accordance with the requirements of this section.
(e) Disposal of coal processing
waste and underground development waste in the mined-out surface area shall be
in accordance with 4VAC25-130-817.81 and 4VAC25-130-817.83 as provided in
subdivisions (1) and (2) of this subsection, except that a long-term static
safety factor of 1.3 shall be achieved.
(1)
Disposal of coal processing waste and underground development waste in the
mined-out area to backfill disturbed areas shall be in accordance with
4VAC25-130-817.81.
(2) Disposal of
coal processing waste and underground development waste in the mined-out area
as a refuse pile and not to backfill disturbed areas shall be in accordance
with 4VAC25-130-817.81 and 4VAC25-130-817.83. The division may approve a
variance to 4VAC25-130-817.83 (a) (2) if the applicant demonstrates that the
area above the refuse pile is small and that appropriate measures will be taken
to direct or convey runoff across the surface area of the pile in a controlled
manner.
(f) Exposed coal
seams, acid- and toxic-forming materials, and combustible materials exposed,
used, or produced during mining shall be covered with a minimum of four feet of
nontoxic and noncombustible materials, or treated, to control the impact on
surface and ground water in accordance with 4VAC25-130-817.41, to prevent
sustained combustion, and to minimize adverse effects on plant growth and the
approved postmining land use. Acid- and toxic-forming materials shall not be
buried or stored in proximity to any drainage course.
(g) Cut-and-fill terraces may be allowed by
the division where:
(1) Needed to conserve
soil moisture, ensure stability, and control erosion on final-graded slopes, if
the terraces are compatible with the approved postmining land use; or
(2) Specialized grading, foundation
conditions, or roads are required for the approved postmining land use, in
which case the final grading may include a terrace of adequate width to ensure
the safety, stability, and erosion control necessary to implement the
postmining land-use plan.
(h) Small depressions may be constructed if
they are needed to retain moisture, minimize erosion, create and enhance
wildlife habitat, or assist revegetation.
(i) Permanent impoundments may be approved if
they meet the requirements of 4VAC25-130-817.49 and 4VAC25-130-817.56 and if
they are suitable for the approved postmining land use.
(j) Preparation of final-graded surfaces
shall be conducted in a manner that minimizes erosion and provides a surface
for replacement of topsoil that will minimize slippage.
(k) The postmining slope may vary from the
approximate original contour when approval is obtained from the division for:
(1) A variance from approximate original
contour requirements in accordance with 4VAC25-130-785.16; or
(2) Incomplete elimination of highwalls in
previously mined areas in accordance with 4VAC25-130-817.106.
(l) Regrading of settled and
revegetated fills to achieve approximate original contour at the conclusion of
underground mining activities shall not be required if the conditions of
subdivision (l)(1) or (l)(2) of this section are met.
(1)
(i)
Settled and revegetated fills shall be composed of spoil or non-acid- or
non-toxic-forming underground development waste.
(ii) The spoil or underground development
waste shall not be located so as to be detrimental to the environment, to the
health and safety of the public, or to the approved postmining land
use.
(iii) Stability of the spoil
or underground development waste shall be demonstrated through standard
geotechnical analysis to be consistent with backfilling and grading
requirements for material on the solid bench (1.3 static safety factor) or
excess spoil requirements for material not placed on a solid bench (1.5 static
safety factor).
(iv) The surface of
the spoil or underground development waste shall be vegetated according to
4VAC25-130-817.116, and surface runoff shall be controlled in accordance with
4VAC25-130-817.43.
(2)
If it is determined by the division that disturbance of the existing spoil or
underground development waste would increase environmental harm or adversely
affect the health and safety of the public, the division may allow the existing
spoil or underground development waste pile to remain in place. The division
may require stabilization of such spoil or underground development waste in
accordance with the requirements of subdivisions (l)(1)(i)-(l)(1)(iv) of this
section.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
