(a)
When the entire permit area or a portion of a permit area has been backfilled
and regraded to the approximate original contour or approved alternative, and
when drainage controls have been installed in accordance with the approved
reclamation plan, Stage 1 reclamation standards have been met.
(b) When the entire
permit area or a portion
of the
permit area meets the following standards, Stage 2 reclamation has been
achieved:
(1) Topsoil has been replaced and
revegetation has been successfully established in accordance with the approved
reclamation plan.
(2) The reclaimed
lands are not contributing suspended solids to stream flow or runoff outside
the permit area in excess of the requirements of the acts, regulations
thereunder or the permit.
(3) If
prime farmlands are present, the soil productivity has been returned to the
required level when compared with nonmined prime farmland in the surrounding
area, to be determined from the soil survey performed under the reclamation
plan approved in Chapters 87-90.
(4) If a permanent impoundment has been
approved as an alternative postmining land use, the plan for management of the
permitted impoundment has been implemented to the satisfaction of the
Department.
(c) When the
entire
permit area or a portion of the
permit area meets the following
performance standards, State 3 reclamation has been achieved:
(1) The
permittee has successfully completed
mining and reclamation operations in accordance with the approved reclamation
plan so that the land is capable of supporting postmining
land use approved
under §§
87.159,
88.133,
89.88 and
90.166.
(2) The
permittee has achieved compliance
with the requirements of the acts, regulations thereunder, the conditions of
the
permit and the applicable
liability period under §
86.151 (relating to period of
liability) has expired.
(d) Additional standards for release of bonds
for underground mining operations are as follows: release of the bond posted
for mine subsidence, 10 years after completion of mining and reclamation.
Notes
The
provisions of this § 86.174 adopted June 15, 1990, 20
Pa.B. 3383, effective 7/27/1991,
21 Pa.B. 3316; amended November 14, 1997, effective
11/15/1997, 27 Pa.B. 6041;
amended May 8, 1998, effective 5/9/1998, 28 Pa.B. 2227; corrected January 16,
2004, effective 5/9/1998, 34
Pa.B. 388.
This section cited in 25 Pa. Code §
86.162b (relating to Land
Reclamation Financial Guarantees); 25 Pa. Code §
86.162c (relating to Bioenergy
Crop Bonding); 25 Pa. Code §
86.172 (relating to criteria for
release of bond); 25 Pa. Code §
86.175 (relating to schedule for
release of bond); 25 Pa. Code §
86.264 (relating to forfeiture);
25 Pa. Code §
86.284 (relating to forfeiture);
25 Pa. Code §
86.294 (relating to uses and
limitations); and 25 Pa. Code §
92a.76 (relating to cessation of
discharge).
