§ 87.174. Steep slope operations.
(a) Each person who conducts or intends to conduct surface mining and reclamation operations on steep slopes shall comply with this subchapter and this section, except to the extent a variance is approved under § 87.175 (relating to variance to contouring).
(b) Debris, from clearing and grubbing of haul road construction, abandoned or disabled equipment, spoil material, waste mineral matter or other waste material may not be placed on the downslope below the bench or mining cut, except for material used to construct road embankment in accordance with § § 87.160, 87.166 and 87.172 (relating to haul roads and access roads; haul roads and access roads: restoration; and other transportation facilities).
(c) The disturbed area shall be returned to approximate original contours by completely covering the highwall with compacted spoil and grading the area in accordance with § § 87.141, 87.142 and 87.144—87.146. The person who conducts the surface mining and reclamation operation shall demonstrate to the Department, using standard geotechnical analysis, that the minimum static factor of safety for the stability of all portions of the reclaimed land is at least 1.3.
(d) Land above the highwall may not be disturbed unless the Department finds that the disturbance facilitates compliance with this subchapter.
(e) Material in excess of that required by the grading and backfilling provisions of subsection (b) shall be disposed of in accordance with the requirements of § 87.131 (relating to disposal of excess spoil).
(f) Woody materials may not be buried in the backfilled area unless the applicant demonstrates that the proposed method for disposal of the woody materials will not deteriorate the stability of the backfilled area as required by subsection (b). Wood may be chipped and used as mulch if the requirements of § 87.153 (relating to revegetation: mulching) are met.
Source The provisions of this § 87.174 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (206854) to (206855).
Cross References This section cited in 25 Pa. Code § 87.81 (relating to steep slope operations).
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