(a) Prior to
the release of land from permit area in accordance with Chapter 86, Subchapter
F (relating to bonding and insurance requirements), all 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 coal refuse disposal
activities, or to higher or better uses achievable under criteria and
procedures of this section.
(b) The
predisposal use of land to which the postdisposal land use is compared shall be
determined by the following:
(1) The
postdisposal land use for land that has not been previously mined or had coal
refuse disposal activities and has been properly managed shall be judged on the
basis of those uses which the land previously supported.
(2) The postdisposal 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, including disposal, or the highest and best 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 postdisposal 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 coal refuse disposal 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
coal refuse disposal 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 postdisposal 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 coal refuse disposal activities are completed 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 coal refuse disposal activities, and that the plans will result
in successful reclamation.
(ii)
Provision for necessary public facilities is ensured as evidenced by letters of
commitment from parties other than the person who conducts coal refuse disposal
activities, as appropriate, to provide the public facilities in a manner
compatible with the plans submitted under §
86.34 (relating to informal
conferences). The letters shall be submitted to the Department before coal
refuse disposal activities begin.
(iii) Specific and feasible plans are
submitted to the Department which show that financing, attainment and
maintenance of the postdisposal land use are feasible and, if appropriate, are
supported by letters of commitment from parties other than the person who
conducts the coal refuse disposal activities.
(4) The proposed use will not present an
actual or potential threat to public health or safety or of water diminution,
interruption, contamination or pollution.
(5) The use will not involve unreasonable
delays in reclamation.
(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 to review the
plan before coal refuse disposal activities
begin.
Notes
The
provisions of this § 90.166 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 §
86.172 (relating to criteria for
release of bond); 25 Pa. Code §
86.174 (relating to standards for
release of bonds); 25 Pa. Code §
90.31 (relating to general
requirements); 25 Pa. Code §
90.34 (relating to reclamation:
postdisposal land use); 25 Pa. Code §
90.140 (relating to haul roads and
access roads: restoration); 25 Pa. Code §
90.154 (relating to revegetation:
agriculture crops); and 25 Pa. Code §
90.309 (relating to criteria and
schedule for release of bonds on pollution abatement
areas).
