880-X-10I-.01 Scope. This Rule sets forth special additional environmental protection performance, reclamation, and design standards for surface coal mining and reclamation operations conducted on steep slopes meaning any slope of 20 degrees or more as defined in Rule 880-X-2A-.06.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 80, 84, 85, 90.

880-X-10I-.02 Objective. The objective of this Rule is to ensure adequate environmental protection during surface coal mining and reclamation operations on steep slopes.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 80, 84, 85, 90.

880-X-10I-.03 Applicability.

(1) Any surface coal mining and reclamation operations on steep slopes shall meet the requirements of this Rule.

(2) The standards of this Rule do not apply to mining conducted on a flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominately flat area, or to operations covered by Rule 880-X-10H.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 80, 84, 85, 90.

880-X-10I-.04 Steep Slopes: Performance Standards. Surface coal mining and reclamation operations subject to this Rule shall comply with requirements of Rules 880-X-10C-.53 through 880-X-10C-.56 and the following, except to the extent a variance is approved under Rule 880-X-10I-.05.

(1) The following materials shall not be placed on the downslope:

(a) Spoil.

(b) Waste materials of any type.

(c) Debris, including that from clearing and grubbing.

(d) Abandoned or disabled equipment.

(2) Land above the highwall shall not be disturbed unless the Regulatory Authority finds that this disturbance will facilitate compliance with the environmental protection standards of this subchapter and the disturbance is limited to that necessary to facilitate compliance.

(3) Woody materials shall not be buried in the backfilled area unless the Regulatory Authority determines that the proposed method for placing woody material within the backfill will not deteriorate the stable condition of the backfilled area.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §9-16-71, et seq.

History: Original Filed November 14, 1989, effective: March 7, 1991.

880-X-10I-.05 Steep Slopes: Limited Variances. Persons may be granted variances from the approximate original contour requirements of Rule 880-X-10I-.04(b) for steep slope surface coal mining and reclamation operations, if the following standards are met and a permit incorporating the variance is approved under Rule 880-X-8J-.07:

(a) The highwall shall be completely backfilled with spoil material, in a manner which results in a static factor of safety of at least 1.3 using standard geotechnical analyses.

(b) The watershed control of the area within which the mining occurs shall be improved by reducing the peak flow from precipitation and reducing the total suspended solids or other pollutants in the surface water discharge during precipitation. The total volume of flow during every season of the year shall not vary in a way that adversely affects the ecology of any surface water or any existing or planned public or private use of surface or ground water.

(c) Land above the highwall may be disturbed only to the extent that the State Regulatory Authority deems appropriate and approves as necessary to facilitate compliance with the provisions of this Rule and if the State Regulatory Authority finds that the disturbance is necessary to --

1. Blend the solid highwall and the backfilled material;

2. Control surface runoff; or

3. Provide access to the area above the highwall.

(d) The landowner of the permit area has requested, in writing, as part of the permit application under Rule 880-X-8J-.07 that the variance be granted.

(e) The operations are conducted in full compliance with a permit issued in accordance with Rule 880-X-8J-.07.

(f) Only the amount of spoil as is necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of the Act and these regulations shall be placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with Rules 880-X-10C-.36 or 880-X-10D-.33 and Rules 880-X-10C-.52, 880-X-10C-.53 or 880-X-10D-.48 - 880-X-10D-.49.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 80, 84, 85, 90.