Current through Register Vol. 54, No. 44, November 2, 2024
Section 88.115 - Backfilling and grading: general requirements(a) Disturbed areas shall be returned to their approximate original contour except as specifically exempted in § 88.116 (relating to backfilling and grading: reaffecting previously mined lands).(b) Backfilled material shall be placed to minimize adverse effects on groundwater, minimize offsite effects, and to support the approved postmining land use.(c) Timing of backfilling and grading may not exceed the following:(1) If the method of mining is contour mining or modified block-cut mining, rough backfilling and grading shall follow coal removal by not more than 60 days or no more than 1,500 linear feet may be opened at any time. The Department may grant additional time for rough backfilling and grading if the operator can demonstrate, through a detailed analysis, that additional time is necessary.(2) If the method of mining is open pit mining, rough backfilling and grading shall occur in accordance with the time schedule approved by the Department, which shall specifically establish in stated increments the period between removal of coal and completion of backfilling and grading.(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. However, 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 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 §88.115 adopted December 19, 1980, 10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective 8/10/1985, 15 Pa.B. 2872; amended June 25, 1993, effective 6/26/1993, 23 Pa.B. 3075. This section cited in 25 Pa. Code § 88.1 (relating to definitions); 25 Pa. Code § 88.381 (relating to general requirements); and 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards).