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Doc Date: tp/~ ~ 02/ p, <br />Section 816.102(e) Continued. <br />• <br />1111111111111111111 <br />Although the slopes at the Kerr Tipple Area are minimal, care will <br />be taken to do all final grading and preparation of the site for <br />topsoil replacement along the contour in order to minimize any <br />erosion or instability of the topsoil. Specifics of the plan for <br />backfilling and grading are set forth in the discussion under Sec- <br />tion 780.18. <br />(~ Section 816.103 <br />(a) Cover. <br />Backfilling and grading: Covering coal and acid- <br />and toxic-forming materials. <br />(1} A person who conducts surface mining activities shall cover, with a <br />minimum of 4 feet of the- best available nontoxic and noncombustible <br />• material, all exposed coal seams remaining after mining, and all acid- <br />forming materials, toxic-forming materials, combustible materials, or <br />any other materials identified by the regulatory authority, as exposed, <br />used, or produced during mining. <br />(2) If necessary, these materials shall be treated to neutralize toxic- <br />ity, in order to prevent water pollution and sustained combustion and <br />minimize adverse effects on plant growth and land uses. <br />(3) Where necessary to protect against upward migration of salts, ex- <br />posure by erosion, formation of acid or toxic seeps, to provide an <br />adequate depth for plant growth, or otherwise to meet local conditions, <br />the regulatory authority shall specify thicker amounts of cover using <br />non-toxic material, or special compaction and isolation from ground <br />Water Contact. <br />(4) Acid-forming or toxic-forming materials shall not be buried or <br />stored in proximity to a drainage course so as to cause or pose a threat <br />of water pollution. <br />816-136 <br />