La. Admin. Code tit. 43 § XV-5413

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-5413 - Backfilling and Grading: Thick Overburden

A.Thick Overburden-more than sufficient spoil and other waste materials available from the entire permit area to restore the disturbed area to its approximate original contour.

1. More than sufficient spoil and other waste materials occur where the overburden thickness times the swell factor exceeds 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:

a. closely resemble the surface configuration of the land prior to mining; or

b. blend into and complement the drainage pattern of the surrounding terrain.

B. In surface mining activities where the volume of spoil over the mine plan area is demonstrated to be more than sufficient to achieve the approximate original contour, surface mining activities shall be conducted to meet, at a minimum, the following standards:

1. haul or convey, backfill and grade all spoil and wastes, not required to achieve the approximate original contour of the mine plan area, to the lowest practicable grade, to achieve a static factor of safety of 1.3 and cover all acid-forming and toxic-forming materials;

2. haul or convey, backfill and grade excess spoil and wastes only within the permit area and dispose of such materials in accordance with §§5365-5371;

3. haul or convey, backfill and grade excess spoil and wastes to maintain the hydrologic balance, in accordance with §5319-5347 and to provide long-term stability by preventing slides, erosion and water pollution;

4. haul or convey, backfill, grade and revegetate wastes and excess spoil to achieve an ecologically sound land use approved by the office as compatible with the prevailing land uses in unmined areas surrounding the mine plan area;

5. eliminate all highwalls by backfilling with spoil and suitable waste materials; and

6. meet the revegetation requirements of §5417-5423 for all disturbed areas.

La. Admin. Code tit. 43, § XV-5413

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994), LR 24:2286 (December 1998).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.