Download as PDF
350.410 Restoration of approximate original contour.
Except as provided in KRS 350.450(2)(a) to (e), the permittee, operator, or person shall
with respect to all surface coal mining operations backfill, compact (where advisable to
insure stability or to prevent leaching of toxic materials), and grade in order to restore the
approximate original contour of the land with all highwalls, spoil piles, and depressions
eliminated (unless small depressions are needed in order to retain moisture to assist
revegetation or as otherwise authorized pursuant to this chapter); provided, however, that
in surface coal mining which is carried out at the same location over a substantial period
of time where the operation transects the coal deposit, and the thickness of the coal
deposits relative to the volume of the overburden is large and where the permittee or
operator demonstrates that the overburden and other spoil and waste materials at a
particular point in the permit area or otherwise available from the entire permit area is
insufficient, giving due consideration to volumetric expansion, to restore the approximate
original contour, the operator, at a minimum, shall backfill, grade, and compact (where
advisable) using all available overburden and other spoil and waste materials to attain the
lowest practicable grade but not more than the angle of repose, to provide adequate
drainage and to cover all acid-forming and other toxic materials, in order to achieve an
ecologically sound land use compatible with the surrounding region; and, provided
further, that in surface coal mining where the volume of overburden is large relative to
the thickness of the coal deposit and where the permittee or operator demonstrates that
due to volumetric expansion the amount of overburden and other spoil and waste
materials removed in the course of the mining operation is more than sufficient to restore
the approximate original contour, the permittee or operator shall, after restoring the
approximate contour, backfill, grade, and compact (where advisable) the excess
overburden and other spoil and waste materials to attain the lowest grade but not more
than the angle of repose, and to cover all acid-forming and other toxic materials, in order
to achieve an ecologically sound land use compatible with the surrounding region and
that the overburden or spoil shall be shaped and graded in such a way as to prevent slides,
erosion, and water pollution and shall be revegetated in accordance with the requirements
of this chapter.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 429, sec. 24, effective July 14, 1992. -- Amended
1980 Ky. Acts ch. 62, sec. 30. -- Created 1978 Ky. Acts ch. 330, sec. 3, effective
May 3, 1978.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
