{"data":{"id":"us-ky/krs-350.410","jurisdiction":"us-ky","citation":"KRS 350.410","heading":"Restoration of approximate original contour.","body":"Except as provided in KRS 350.450(2)(a) to (e), the permittee, operator, or person shall\nwith respect to all surface coal mining operations backfill, compact (where advisable to\ninsure stability or to prevent leaching of toxic materials), and grade in orde r to restore the\napproximate original contour of the land with all highwalls, spoil piles, and depressions\neliminated (unless small depressions are needed in order to retain moisture to assist\nrevegetation or as otherwise authorized pursuant to this chapte r); provided, however, that\nin surface coal mining which is carried out at the same location over a substantial period\nof time where the operation transects the coal deposit, and the thickness of the coal\ndeposits relative to the volume of the overburden i s large and where the permittee or\noperator demonstrates that the overburden and other spoil and waste materials at a\nparticular point in the permit area or otherwise available from the entire permit area is\ninsufficient, giving due consideration to volumetric expansion, to restore the approximate\noriginal contour, the operator, at a minimum, shall backfill, grade, and compact (where\nadvisable) using all available overburden and other spoil and waste materials to attain the\nlowest practicable grade but not more than the angle of repose, to provide adequate\ndrainage and to cover all acid -forming and other toxic materials, in order to achieve an\necologically sound land use compatible with the surrounding region; and, provided\nfurther, that in surface coal mini ng where the volume of overburden is large relative to\nthe thickness of the coal deposit and where the permittee or operator demonstrates that\ndue to volumetric expansion the amount of overburden and other spoil and waste\nmaterials removed in the course of the mining operation is more than sufficient to restore\nthe approximate original contour, the permittee or operator shall, after restoring the\napproximate contour, backfill, grade, and compact (where advisable) the excess\noverburden and other spoil and wa ste materials to attain the lowest grade but not more\nthan the angle of repose, and to cover all acid -forming and other toxic materials, in order\nto achieve an ecologically sound land use compatible with the surrounding region and\nthat the overburden or spoil shall be shaped and graded in such a way as to prevent slides,\nerosion, and water pollution and shall be revegetated in accordance with the requirements\nof this chapter.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32841","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"32d369496c296ecb00faecb70b80a090db301d673de38cd6711a939905f9cb7d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.405","next":"us-ky/krs-350.415"},"notice":"GroundRules: Original legal text. Not legal advice."}