SECTION 460:20-43-42. Backfilling and grading: steep slopes

(a)   Surface mining activities on steep slopes shall be conducted so as to meet the requirements of Sections 460:20-43-38, through 460:20-43-41, and the requirements of this Section except where mining is conducted on flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominantly flat area or where operations are conducted in accordance with Subchapter 51 of this Chapter.

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

(1)   Spoil.

(2)   Waste materials of any type.

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

(4)   Abandoned or disabled equipment.

(c)   Land above the highwall shall not be disturbed unless the Department finds that this disturbance will facilitate compliance with the environmental protection standards of the permanent program performance standards and the disturbance is limited to that necessary to facilitate compliance.

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