(a) Prior to the
release of land from permit area in accordance with Chapter 86, Subchapter F
(relating to bonding and insurance requirements), affected areas shall be
restored in a timely manner to conditions that are capable of supporting the
uses which they were capable of supporting before any mining, or to higher and
better uses achievable under criteria and procedures of this section.
(b) The premining use of land to which the
postmining
land use is compared shall be determined by the following:
(1) The postmining land use for land that has
not been previously mined and has been properly managed shall be judged on the
basis of those uses which the land previously supported.
(2) The postmining land use for land that has
been previously mined and not reclaimed shall be judged on the basis of the
condition prior to any mining or to a higher or better use that can be achieved
and is compatible with surrounding areas.
(c) Alternative land uses may be approved by
the
Department after consultation with the landowner or the land management
agency having jurisdiction over the lands and after determining that the
following criteria are met:
(1) The proposed
postmining land use is compatible with adjacent land use and applicable land
use policies, plans, and programs and Federal, State and local law. A written
statement of the views of the authorities with statutory responsibilities for
land use policies and plans is submitted to the Department before surface
mining activities begin. Any required approval, including any necessary zoning
or other changes required for land use by local, State or Federal land
management agencies, is obtained and remains valid throughout the surface
mining activities.
(2) The owner of
the surface requests in a notarized written statement that the alternative land
use be approved.
(3) The proposed
postmining
land use is reasonably likely to be achieved which may be
demonstrated by one or more of the following or other similar criteria:
(i) Specific plans are prepared and submitted
to the Department which show the feasibility of the postmining land use as
related to projected land use trends and markets. The plan shall include a
schedule showing how the proposed use will be developed and achieved within a
reasonable time after mining and how the development will be sustained. The
Department may require appropriate demonstrations to show that the planned
procedures are feasible, reasonable and integrated with mining and reclamation,
and that the plans will result in successful reclamation.
(ii) Provision for necessary public
facilities is ensured with letters of commitment from parties other than the
person who conducts
surface mining activities, as appropriate to provide the
public facilities in a manner compatible with the plans submitted under §
87.75 (relating to postmining land
uses). The letters shall be submitted to the
Department before
surface mining
activities begin.
(iii) The
applicant presents specific plans for the proposed postmining land use and
appropriate assurances that the use will be practicable with respect to private
financial capability for completion of the proposed use.
(4) The proposed use will neither pose an
actual threat to public health or safety or of water diminution, interruption,
contamination or pollution.
(5) The
use will not involve unreasonable delays in reclamation or
implementation.
(6) Necessary
approval of measures to prevent or mitigate adverse effects on fish, wildlife
and related environmental values and threatened or endangered plants is
obtained from the Department, and appropriate State and Federal fish and
wildlife management agencies have been provided a 30-day period in which to
review the plan before surface mining activities begin.
Notes
The
provisions of this § 87.159 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 May 8, 1998,
effective 5/9/1998, 28 Pa.B.
2227.
This section cited in 25 Pa. Code §
86.37 (relating to criteria for
permit approval or denial); 25 Pa. Code §
86.151 (relating to period of
liability); 25 Pa. Code §
86.172 (relating to criteria for
release of bond); 25 Pa. Code §
86.174 (relating to standards for
release of bonds); 25 Pa. Code §
87.62 (relating to operational
information); 25 Pa. Code §
87.75 (relating to postmining land
uses); 25 Pa. Code §
87.108 (relating to hydrologic
balance: sedimentation ponds); 25 Pa. Code §
87.131 (relating to disposal of
excess spoil); 25 Pa. Code §
87.144 (relating to backfilling
and grading: final slopes); 25 Pa. Code §
87.166 (relating to haul roads and
access roads: restoration); 25 Pa. Code §
87.175 (relating to variance to
contouring); and 25 Pa. Code §
87.209 (relating to criteria and
schedule for release of bonds on pollution abatement
areas).
