§ 77.594. Final slopes.
Final slopes for reclamation of noncoal surface mines shall conform with the following requirements:
(1) If there is sufficient overburden material to achieve approximate original contour and no alternative reclamation is approved under § 77.593 (relating to alternatives to contouring):
(i) The postmining slopes shall approximate the premining slopes or slopes approved by the Department based on consideration of soil, rock formation, climate or other characteristics of the area.
(ii) Final postmining slopes are not required to be uniform but shall approximate the general nature of the premining topography.
(2) If terracing is approved for postmining reclamation, the final overall slope shall be 35° or less unless otherwise approved under subparagraph (v).
(i) If a water impoundment is part of the reclamation, the slope shall extend to 50 feet (15.2 meters) below the post reclamation water level at a maximum slope of 35° to serve as a safety bench for safe exit from the impoundment. The underwater safety bench may be reduced to a lesser depth—a minimum 25-foot (7.6 meters) width shall be maintained in all cases—if the operator demonstrates to the Department’s satisfaction that there will be an overflow at a defined elevation or that the seasonal water table fluctuation will not require a 50-foot (15.2 meters) depth. For purposes of safe exit from an impoundment in unconsolidated materials, the Department may require an underwater safety bench be sloped at less than 35° from the horizontal.
(ii) Benches developed below the lower level of the reclamation safety bench are not required to be restored.
(iii) Removal of benches below the safety bench requires approval from the Department in writing under § 77.573 (relating to stability analysis).
(iv) The Department may require a slope of less than 35° if stability concerns require a lesser slope.
(v) A slope greater than 35° may be approved if the operator demonstrates that the slope will not result in a safety or stability hazard and that one of the following exists:
(A) No practical alternative to a lesser slope exists, such as unusual geologic conditions.
(B) The slope area which is greater than 35° is offset by a lesser slope elsewhere at the site resulting in a more beneficial postmining land use as approved by the Department.
Source The provisions of this § 77.594 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619. Immediately preceding text appears at serial pages (198762) to (198763).
Cross References This section cited in 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); 25 Pa. Code § 77.109 (relating to noncoal exploration activities); and 25 Pa. Code § 77.595 (relating to concurrent reclamation).
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