Section 87.144. Backfilling and grading: final slopes

(a) The final graded slopes shall approximate premining slopes, or any lesser slopes approved by the Department based on consideration of soil, climate or other characteristics of the surrounding area.

(b) Postmining final graded slopes need not be uniform, but shall approximate the general nature of the premining topography.

(c) On approval by the Department in order to conserve soil moisture, ensure stability and control erosion on final graded slopes, cut and fill terraces may be allowed if the terraces are compatible with the approved postmining land use and are substitutes for construction of lower grades on the reclaimed lands.

(d) Small depressions may be constructed, if they:

(1) Are approved by the Department to minimize erosion, conserve soil moisture or promote vegetation.

(2) Do not restrict normal access.

(3) Are not inappropriate substitutes for lower grades on the reclaimed lands.

(e) All surface mining activities on slopes above 20°, or on lesser slopes that the Department defines as steep slopes, shall meet § § 87.158 and 87.159 (relating to cessation of operations: permanent; and postmining land use).

(f) All final grading, preparation of overburden before replacement of topsoil and placement of topsoil shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.

The provisions of this § 87.144 adopted December 19, 1990, 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 February 17, 1984, 14 Pa.B. 524, effective August 4, 1984, 14 Pa.B. 2860; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (206838) to (206839).

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).