(a) A
permit,
permit renewal or revised
permit application will not be approved, unless the
application affirmatively
demonstrates and the
Department finds in writing, on the basis of the
information in the application or from information otherwise available, that
the following apply:
(1) The permit
application is accurate and complete and that the requirements of the act, the
environmental acts and this chapter have been complied with.
(2) The applicant has demonstrated that the
noncoal mining activities can be reasonably accomplished as required by the act
and this chapter under the operation and reclamation plan contained in the
application.
(3) The applicant has
demonstrated that there is no presumptive evidence of potential pollution of
the waters of this Commonwealth.
(4) The proposed
permit area, as defined in
§
77.1 (relating to definitions) for
surface mining activities-unless the requirements of §
77.504 (relating to distance
limitations and areas designated as unsuitable for mining) are demonstrated-is:
(i) Not within 100 feet (30.48 meters) of the
outside right-of-way line of a public highway.
(ii) Not within 300 feet (91.44 meters) of an
occupied dwelling house or commercial or industrial building unless released by
the owner thereof.
(iii) Not within
100 feet (30.48 meters) of the bank of a perennial or intermittent
stream.
(iv) Not within 300 feet
(91.44 meters) of a public building, school or community or institutional
building.
(v) Not within 100 feet
(30.48 meters) of a cemetery.
(vi)
Not within 300 feet (91.44 meters) of a public park.
(vii) Not within 125 feet (38.1 meters) of an
oil or gas well.
(viii) Not within
an area designated as unsuitable for noncoal surface mining activities under
§ 77.504.
(5) Prior
to approval of the
bond under Subchapter D (relating to bonding and insurance
requirements), a right of entry has been obtained if required by law, from the
landowners for the initial incremental
bond phase parcel for land to be
affected by the surface mining activities under §
77.163 (relating to right of
entry).
(6) The applicant or
related party, as indicated by past or continuing violations, has not shown a
lack of ability or intention to comply with the act or the Surface Mining
Conservation and Reclamation Act (52 P. S. §§
1396.1-1396.19b).
(7) A person other than the applicant,
including an independent subcontractor, who is proposed to operate under the
permit is listed in the application and is subject to approval by the
Department prior to engaging in surface mining operations. The person is
jointly and severally liable with the permittee for the violations of the act
as the permittee is charged and in which the person participates.
(8) The applicant has submitted proof that a
violation related to mining by the applicant or by a related party of one or
more of the acts, rules, regulations, permits or licenses of the Department has
been corrected or is in the process of being corrected to the satisfaction of
the Department, whether or not the violation relates to an adjudicated
proceeding, agreement, consent order, or decree, or which resulted in a cease
order or civil penalty assessment.
(9) The proposed postmining
land use of the
permit area meets §
77.462 (relating to postmining
land uses and alternative restoration).
(10) The proposed activities would not affect
the continued existence of endangered or threatened species or result in the
destruction or adverse modification of their known critical habitats as
determined under the Endangered Species
Act of 1973 (16 U.S.C.A. §§
1531-
1544), the Wild Resource
Conservation
Act (
32 P. S. §§
5301-5314), 30 Pa.C.S. (relating to the Fish
and Boat Code) and 34 Pa.C.S. (relating to the Game and Wildlife
Code).
(11) The applicant has
obtained a noncoal license.
(b) No incremental phase approval of the
permit will be granted to conduct mining or reclamation operations, or
permission to expand mining or reclamation operations within a
permit area
which has been limited to a portion or phase of the entire area until the
applicant:
(1) Has filed with the
Department a
bond under §
77.193 (relating to requirement to
file a
bond).
(2) Has met the
requirements of subsection (a)(5)-(8).