Subject to valid existing rights as defined in §
86.1 (relating to definitions),
surface mining operations except those which existed on August 3, 1977, are not
permitted:
(1) On lands within the
boundaries of the National Park System, the National Wildlife Refuge System,
the National System of Trails, the National Wilderness Preservation System, the
Wild and Scenic Rivers System, including study rivers designated under section
5(a) of the Wild and Scenic Rivers Act (16 U.S.C.A. §
1276(a)) or study rivers or
study river corridors as established in guidelines under that act and National
Recreation Areas designated by act of Congress.
(2) On Federal lands within the boundaries of
a National forest. Surface mining operations may be permitted on the lands, if
the Secretary of the United States Department of Interior and the Secretary
find that there are no significant recreational, timber, economic or other
values incompatible with surface mining operations and the surface mining
operations and impacts are incident to an underground coal mine.
(3) Which will adversely affect a
publicly-owned park or a place included on the National Register of Historic
Places, unless approved jointly by the Department and the Federal, State or
local governmental agency with jurisdiction over the park or places.
(4) On lands within the State park system.
Surface mining activities may be permitted if the Department of Conservation
and Natural Resources and the Department find that significant land and water
conservation benefits will result when remining of previously mined land is
proposed.
(5) On lands within State
forest picnic areas, State forest natural areas and State forest wild areas.
Surface mining operations may be permitted on State forest lands other than
picnic areas, natural areas and wild areas, if the Department of Conservation
and Natural Resources and the Department find that one or more of the following
apply:
(i) There will be no significant
adverse impact to natural resources, including timber, water, wildlife,
recreational and aesthetic values.
(ii) Significant land and water conservation
benefits will result when remining of previously mined lands is
proposed.
(6) On lands
within the game land system of this Commonwealth. Surface mining operations may
be permitted by the Department if the Game Commission consents and finds that
one or more of the following apply:
(i) There
will be no significant long-term adverse impacts to aquatic or terrestrial
wildlife populations and their habitats.
(ii) Significant wildlife habitat and land
and water conservation benefits will result when remining of previously mined
lands is proposed.
(7) On
lands within the authorized boundaries of Pennsylvania Scenic River Systems
which have been legislatively designated as such under the Pennsylvania Scenic
Rivers Act (32 P. S. §§
820.21-820.29). Surface mining
operations may be permitted if the Department of Conservation and Natural
Resources and the Department find that significant land and water conservation
benefits will result when remining of previously mined lands is proposed, and
that the surface mining operation is consistent with the Scenic Rivers System
designation and will not adversely affect the values which the designation is
designed to protect.
(8) Within 100
feet (30.48 meters) measured horizontally of the outside right-of-way line of a
public road, except:
(i) For mine access
roads or haulage at the point where they join the right-of-way lines.
(ii) When the Department, with concurrence of
the agency with jurisdiction over the road, allows the public road to be
relocated or the area affected to be within 100 feet (30.48 meters) of the
road, after the following:
(A) Public notice
and opportunity for a public hearing in accordance with §
86.103(c)
(relating to procedures).
(B)
Making a written finding that the interests of the affected public and
landowners will be protected.
(9) Within 300 feet (91.44 meters) measured
horizontally from an occupied dwelling, unless one or more of the following
exist:
(i) The only part of the surface mining
operations which is within 300 feet (91.44 meters) of the dwelling is a haul
road or access road which connects with an existing public road on the side of
the public road opposite the dwelling.
(ii) The owner thereof has provided a written
waiver by lease, deed or other conveyance clarifying that the owner and
signatory had the legal right to deny surface mining operations and knowingly
waived that right and consented to surface mining operations closer than 300
feet (91.44 meters) of the dwelling as specified.
(A) A valid waiver shall remain in effect
against subsequent owners who had actual or constructive knowledge of the
existing waiver at the time of purchase.
(B) Subsequent owners shall be deemed to have
constructive knowledge if the waiver has been properly filed in public property
records or if the surface mining operations have proceeded to within the 300
foot (91.44 meters) limit prior to the date of purchase.
(iii) A new waiver is not required if the
applicant for a permit had obtained a valid waiver prior to August 3, 1977,
from the owner of an occupied dwelling to mine within 300 feet (91.44 meters)
of the dwelling.
(10)
Within 300 feet (91.44 meters) measured horizontally of a public building,
school, church, community or institutional building or public park.
(11) Within 100 feet (30.48 meters) measured
horizontally of a cemetery. Cemeteries may be relocated under the act of April
18, 1877 (P. L. 54, No. 54) (9 P. S. §§
41-52)).
(12) Within 100 feet (30.48 meters) measured
horizontally of the bank of a perennial or intermittent stream. The Department
may grant a variance from this distance requirement if the operator
demonstrates beyond a reasonable doubt that there will be no adverse hydrologic
impacts, water quality impacts or other environmental resources impacts as a
result of the variance. The variance will be issued as a written order
specifying the methods and techniques that shall be employed to prevent adverse
impacts. Prior to granting a variance, the operator is required to give public
notice of application thereof in two newspapers of general circulation in the
area once a week for 2 successive weeks. If a person files an exception to the
proposed variance within 20 days of the last publication thereof, the
Department will conduct a public hearing with respect thereto. The Department
will also consider information or comments submitted by the Fish and Boat
Commission prior to taking action on a variance request.
Notes
The
provisions of this § 86.102 adopted December 19, 1980, 10 Pa.B. 4789,
effective 7/31/1982, 12 Pa.B.
2382; amended July 30, 1982, 12 Pa.B. 2473, effective
7/31/1982, 12 Pa.B. 2382;
amended September 5, 1986, effective 9/6/1986, 16 Pa.B. 3288; amended June 15, 1990,
20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316; amended June 25,
1993, effective 6/26/1993, 23
Pa.B. 3075; amended December 13, 1996, effective
12/14/1996, 26 Pa.B. 5962;
amended October 8, 1999, effective 10/9/1999, 29 Pa.B.
5289.
The provisions of this § 86.102 amended under
the Surface Mining Conservation and Reclamation Act (52 P. S. §§
1396.1-1396.19a); the Coal Refuse
Disposal Control Act (52 P. S. §§
30.51-30.66); The Clean Streams Law
(35
P. S. §§
691.1-691.1001); sections 1920-A of
The Administrative Code of 1929 (71 P. S. §§
510-20 and
510-30).
This section cited in 25 Pa. Code §
86.37 (relating to criteria for
permit approval or denial); 25 Pa. Code §
86.103 (relating to procedures);
25 Pa. Code §
86.129 (relating to coal
exploration on areas designated as unsuitable for surface mining operations);
25 Pa. Code §
86.193 (relating to assessment of
penalty); 25 Pa. Code §
87.92 (relating to signs and
markers); 25 Pa. Code §
87.108 (relating to hydrologic
balance: sedimentation ponds); 25 Pa. Code §
87.160 (relating to haul roads and
access roads); 25 Pa. Code §
88.138 (relating to haul roads and
access roads: general); 25 Pa. Code §
88.231 (relating to haul roads and
access roads: general); 25 Pa. Code §
88.335 (relating to haul roads and
access roads: general); 25 Pa. Code §
90.49 (relating to stream buffer
zone variance); 25 Pa. Code §
90.92 (relating to signs and
markers); and 25 Pa. Code §
90.134 (relating to haul roads and
access roads: general).
