KRS 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 orde r 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 chapte r); 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 i s 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 mini ng 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 wa ste 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.