Where thin overburden occurs within the permit area, the permittee, at a minimum, shall:
  (1) use all spoil and other waste materials available from the entire permit area to attain the lowest practicable grade, but not more than the angle of repose; and
  (2) meet the requirements of §12.385 and §12.386 of this title (relating to Backfilling and Grading: General Grading Requirements, and to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials).

Source Note: The provisions of this §12.387 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 29, 1998, 23 TexReg 13041.