Section 87.141. Backfilling and grading: general requirements

(a) Disturbed areas shall be returned to their approximate original contour except as specifically exempted in § 87.142 or § 87.175 (relating to backfilling and grading: reaffecting previously mined lands; and variance to contouring). Spoil shall be transported, backfilled, compacted—when advisable to insure stability or to prevent leaching—and graded to eliminate spoil piles and depressions. Excess spoil material shall be disposed under § 87.131 (relating to disposal of excess spoil).

(b) Backfilled material shall be placed to minimize off-site effects and to support the approved postmining land use.

(c) Timing of backfilling and grading shall be concurrent with mining and comply with the following:

(1) Backfilling and grading shall follow coal removal by not more than 60 days unless the approved operation and reclamation plan contains an alternative schedule based on the applicant’s ability to demonstrate through a detailed written analysis under § 87.68(3) (relating to reclamation information) that additional time is necessary.

(2) Backfilling and grading may not be more than 300 horizontal feet from the face of the highwall and no more than 1500 horizontal feet of pit may be open at one time. The Department may, in writing, approve distances in excess of these requirements as part of the approved operation and reclamation plan if the operator demonstrates, through a detailed written analysis under § 87.68(3), that additional distance is needed for reason of multiple seam mining, the size or amount of equipment being used, topography or method of mining.

(d) Backfilling equipment needed to complete the restoration may not be removed from the operation until backfilling and leveling has been completed and approved in writing by the Department. Upon written request by the operator to the Department specifying the need to remove backfilling equipment for protection of backfilling equipment from weather conditions, for required maintenance or for protection from vandalism during strikes, the Department may approve, in writing, the temporary removal if inspection of the site demonstrates that the operation is in compliance with the rules of the EQB and the statutes of the Commonwealth relating to environmental protection and that the request for temporary removal is justified for the reasons specified by the operator. Temporarily removed backfilling equipment shall be returned to the site promptly upon the Department’s direction. Backfilling equipment shall be operable, in use and capable of meeting the requirements of the reclamation plan throughout the life of the mining operation.

The provisions of this § 87.141 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148682) to (148683).

Notation

Cross References

This section cited in 25 Pa. Code § 87.68 (relating to reclamation information); 25 Pa. Code § 87.104 (relating to stream channel diversions); 25 Pa. Code § 87.140 (relating to contemporaneous reclamation); 25 Pa. Code § 87.174 (relating to steep slope operations); 25 Pa. Code § 87.175 (relating to variance to contouring); 25 Pa. Code § 87.180 (relating to prime farmland: soil replacement); and 25 Pa. Code § 89.84 (relating to backfilling and grading).