The permittee or operator shall place all excess spoil material resulting from surface coal mining and reclamation operations pursuant to this chapter in the following manner: (1) Spoil is transported and placed in a controlled manner in position for concu rrent compaction (where advisable) and in such a way as to assure mass stability and to prevent mass movement; (2) The areas of disposal are within the bonded permit areas and all organic matter shall be removed immediately prior to spoil placement; (3) Appropriate surface and internal drainage systems and diversion ditches are used so as to prevent spoil erosion and movement; (4) The disposal area does not contain springs, natural watercourses, or wet -weather seeps unless lateral drains are constructed from the wet area to the main underdrains in such a manner that filtration of the water into the spoil pile will be prevented; (5) If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the cabinet, t he spoil could be placed in compliance with all the requirements of this chapter and shall be placed, where possible, upon, or above, a natural terrace, bench, or berm, if the placement provides additional stability and prevents mass movement; (6) Where the toe of the spoil rests on a downslope, a rock toe buttress of sufficient size to prevent mass movement is constructed; (7) The final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses; (8) Design of the spoil disposal area is certified by a qualified registered professional engineer in conformance with professional standards; and (9) All other provisions of this chapter are met.
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