---
kind: "range"
citation: "30 C.F.R. §§ 816.104–816.106"
title: "30"
from: "816.104"
to: "816.106"
count: 3
url: "https://uscodex.org/cfr/30/816.104..816.106"
---

# §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)](/cfr/30/816.102.md?p=a-2..a-j) of this part.

# §816.105. Backfilling and grading: Thick overburden.

- (a) **Definition.** Thick overburden means more than sufficient spoil and other waste materials available from the entire permit area to restore the disturbed area to its approximate original contour. 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:
  - (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 thick overburden occurs within the permit area, the permittee at a minimum shall:
  - (1) Restore the approximate original contour and then use the remaining spoil and other waste materials to attain the lowest practicable grade, but not more than the angle of repose;
  - (2) Meet the requirements of [§§ 816.102 (a)(2) through (j)](/cfr/30/816.102.md?p=a-2..a-j) of this part; and
  - (3) Dispose of any excess spoil in accordance with [§§ 816.71 through 816.74](/cfr/30/816.71..816.74.md) of this part.

# §816.106. Backfilling and grading: Previously mined areas.

- (a) Remining operations on previously mined areas that contain a preexisting highwall shall comply with the requirements of [§§ 816.102 through 816.107](/cfr/30/816.102..816.107.md) of this chapter, except as provided in this section.
- (b) The requirements of [§ 816.102(a)](/cfr/30/816.102.md?p=a) (1) and (2) requiring the elimination of highwalls shall not apply to remining operations where the volume of all reasonably available spoil is demonstrated in writing to the regulatory authority to be insufficient to completely backfill the reaffected or enlarged highwall. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:
  - (1) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil in the immediate vicinity of the remining operation shall be included within the permit area.
  - (2) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability.
  - (3) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the regulatory authority, that the highwall remnant is stable.
  - (4) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.