(a) Upon petition, an area shall be
designated as unsuitable for all or certain types of surface mining operations
if the Department determines that reclamation is not technologically and
economically feasible.
(b) Upon
petition, an area may be designated as unsuitable for all or certain types of
surface mining operations if the surface mining operations will:
(1) Be incompatible with existing
Commonwealth or local land use plans or programs.
(2) Affect fragile or historic lands in which
the surface mining operations could result in significant damage to important
historic, cultural, scientific or esthetic values or natural systems.
(3) Affect renewable resource lands in which
the surface mining operations could result in a substantial loss or reduction
of long-range productivity of water supply or of food or fiber
products.
(4) Affect natural hazard
lands in which the surface mining operations could substantially endanger life
and property, the lands to include areas subject to frequent flooding and areas
of unstable geology.
Notes
The
provisions of this § 86.122 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 December 13, 1996, effective 12/14/1996, 26 Pa.B.
5962.
This section cited in 25 Pa. Code §
86.103 (relating to procedures);
25 Pa. Code §
86.121 (relating to areas
designated unsuitable for mining); 25 Pa. Code §
86.123 (relating to procedures:
petitions); 25 Pa. Code §
86.124 (relating to procedures:
initial processing, recordkeeping and notification requirements); 25 Pa. Code
§
86.127 (relating to data base and
inventory system requirements); and 25 Pa. Code §
86.130 (relating to areas
designated as unsuitable for
mining).
