Section 8-3 - Special Alternative Standards for Existing Special Bituminous Surface Coal Mines (a) This Section applies to those portions of existing special bituminous coal mines which: - (i) Were approved for operation before January 1, 1972, including the orderly expansion of the mine pit to the extent authorized by the Administrator;
- (ii) Have actually been producing coal since January 1, 1972;
- (iii) Are committed to a mode of operation that warrants an exception to some of the provisions of the Act because of past duration of mining; and
- (iv) Involve the mining of more than one seam, and mining was initiated before August 3, 1977, on the deepest coal seam contemplated to be mined in the current operation.
(b) Operations subject to this Section shall, at a minimum, comply with the following requirements for backfilling and grading the mine pit area and spoil piles: - (i) Highwalls may remain, if demonstrated to be stable, and benches may be constructed on the highwall.
- (ii) Spoil piles shall be graded and contoured to blend with the adjacent topography, be consistent with the approved postmining land use, and provide for drainage. Terracing and overall slope design of spoil piles shall be approved by the Administrator. The slopes on the spoil pile shall not exceed 17 degrees or if steeper will comply with all applicable reclamation requirements and be consistent with the approved postmining land use.
- (iii) The exposed pit floors shall be sloped and graded to provide access.
- (iv) Where permanent water impoundments are proposed as part of the reclamation plan, the water quality and quantity shall be reasonably demonstrated to be adequate for the postmining use. If, upon review of the application, water quality and quantity are not demonstrated to be of sufficient quality or quantity for the postmining use, the applicant shall be so notified in writing and shall submit further documentation in support of the proposed plan to reasonably satisfy the Administrator. If upon review by the Administrator of the further documentation the applicant has not reasonably demonstrated that the water quality and quantity will be sufficient for the postmining land use, the applicant shall provide an alternate plan.