Where thick overburden occurs within the permit area, the permittee at a minimum shall:
  (1) restore the approximate original contour and then use the remaining spoil and other waste materials to attain the lowest practicable grade, but not more than the angle of repose;
  (2) meet the requirements of §12.385 and §12.386 of this title (relating to Backfilling and Grading: General Requirements, and to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials); and
  (3) dispose of any excess spoil in accordance with §§12.363-12.366 of this title (relating to Disposal of Excess Spoil: General Grading Requirements, to Disposal of Excess Spoil: Valley Fills, to Disposal of Excess Spoil: Head-of-Hollow Fills, and to Disposal of Excess Spoil: Durable Rock Fills).

Source Note: The provisions of this §12.388 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.