SECTION 460:20-45-40. Backfilling and grading: thick overburden

  The provisions of this section apply only where the final thickness is greater than 1.2 of the initial thickness. Initial thickness is the sum of the overburden thickness and coal thickness prior to removal of coal. In surface coal mining where the thickness of the overburden is large relative to the thickness of the coal deposit and where the operator demonstrates that the volume of the spoil and other waste materials is more than sufficient to restore the disturbed area to approximate original contour, the operator shall, at a minimum, after restoring to approximate original contour:

(1)   Use the spoil and waste materials to attain the lowest practicable grade, but not more than the angle of repose;

(2)   Meet the requirements of Sections 460:20-43-38(a) (2) through 460:20-43-38(j); and

(3)   Dispose of any excess spoil in accordance with Sections 460:20-43-24 through 460:20-43-27.