(a)
When the surface mining activities are being conducted on prime farmland
historically used for cropland, a permit for the mining and reclamation
operation may be granted by the Department if it first finds, in writing, and
after consultation with the Natural Resources Conservation Service, that the
applicant has demonstrated that:
(1) The
approved postmining land use of these prime farmlands will be
cropland.
(2) The applicant has the
technological capability to restore the prime farmland, within a reasonable
time, to equivalent or higher levels of yield as nonmined prime farmland in
surrounding areas under equivalent levels of management.
(3) The proposed operations will be conducted
in compliance with the requirements of this section and §§
87.178-
87.181.
(b) If a permit is granted under this
section, the permit shall be specifically conditioned as containing the plan
submitted under §
87.83 (relating to prime
farmlands), including any revisions to that plan suggested by the Natural
Resources Conservation Service.
(c)
Areas where mining was authorized by permits issued under SMCRA prior to August
4, 1977, are exempt from the prime farmland requirements.
Notes
The
provisions of this § 87.177 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 March 13, 2020, effective 3/14/2020, 50 Pa.B.
1508.
The provisions of this § 87.177 amended under
section 5 of The Clean Streams Law (35 P.S. §
691.5); sections 4(a) and 4.2 of the Surface
Mining Conservation and Reclamation Act (52 P.S.
§§
1396.4(a) and
1396.4b); section 3.2 of the
Coal Refuse Disposal Control Act (52 P.S. §
30.53b); section 7(b) of The Bituminous Mine
Subsidence and Land Conservation Act (52 P.S. §
1406.7(b)); and section
1920-A of The Administrative Code of 1929 (71 P.S. §
510-20).
This section cited in 25 Pa. Code §
86.159 (relating to self-bonding);
25 Pa. Code §
87.83 (relating to prime
farmlands); and 25 Pa. Code §
87.147 (relating to revegetation:
general requirements).
