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Understanding Approximate Original Contour in Land Reclamation Law
Definition & Meaning
The term approximate original contour refers to the surface shape and configuration of land after it has been mined and subsequently reclaimed. This involves backfilling and grading the mined area so that the restored land closely resembles its natural state before mining. The reclaimed area should blend with the surrounding landscape, including drainage patterns, and eliminate any highwalls or spoil piles. In some cases, water impoundments may be allowed if they comply with specific regulations.
Table of content
Legal Use & context
This term is primarily used in environmental and land use law, particularly in the context of mining operations. It plays a crucial role in regulations governing land reclamation to ensure that mining activities do not permanently alter the landscape. Legal practitioners may encounter this term when dealing with compliance issues related to mining permits or environmental impact assessments. Users can manage related legal forms through platforms like US Legal Forms, which provide templates for necessary documentation.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A mining company in Pennsylvania completes its operations and backfills the site, ensuring the land contours match the pre-mining landscape. This includes creating gentle slopes and restoring vegetation.
Example 2: (hypothetical example) A coal mining operation in West Virginia must submit a reclamation plan that demonstrates how they will achieve the approximate original contour of the land, including any necessary water management strategies.
Relevant laws & statutes
Major statutes related to the approximate original contour include:
30 USCS § 1291: Defines the term and its implications for land reclamation.
30 USCS § 1265(b)(8): Addresses the conditions under which water impoundments may be permitted.
State-by-state differences
State
Regulatory Authority
Reclamation Requirements
Pennsylvania
Department of Environmental Protection
Must restore land to approximate original contour.
West Virginia
Department of Environmental Protection
Specific guidelines for water impoundments and contour restoration.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Original Contour
The natural shape of the land before any mining.
Approximate original contour allows for some deviations.
Land Reclamation
The process of restoring land after mining.
Approximate original contour is a specific goal within reclamation.
Common misunderstandings
What to do if this term applies to you
If you are involved in mining operations or land reclamation, ensure you understand the requirements for achieving approximate original contour. Consider using US Legal Forms to access templates for necessary permits and compliance documents. If your situation is complex, seeking professional legal advice may be beneficial.
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