CFR > Title 30 - Mineral Resources > CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR > SUBCHAPTER K—PERMANENT PROGRAM PERFORMANCE STANDARDS (parts 810 to 828) > PART 816—PERMANENT PROGRAM PERFORMANCE STANDARDS—SURFACE MINING ACTIVITIES > 816.104—Backfilling and grading: Thin overburden.

816.104—Backfilling and grading: Thin overburden.

(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.

Code of Federal Regulations

[56 FR 65635, Dec. 17, 1991]