Current through Vol. 42, No. 1, September 16, 2024
(a)
General. All disturbed areas shall be restored in a timely manner
to conditions that are capable of supporting:
(1) The uses they were capable of supporting
before any mining; or
(2) Higher or
better uses.
(b)
Determining premining uses of land. The premining uses of land to
which the postmining land use is compared shall be those uses which the land
previously supported, if the land has not been previously mined and has been
properly managed. The postmining land use for land that has been previously
mined and not reclaimed shall be judged on the basis of the land use that
existed prior to any mining: Provided that, if the land cannot be reclaimed to
the land use that existed prior to any mining because of the previously mined
condition, the postmining land use shall be judged on the basis of the highest
and best use that can be achieved which is compatible with surrounding areas
and does not require the disturbance of areas previously unaffected by
mining.
(c)
Criteria for
alternative postmining land uses. Higher or better uses maybe approved
by the Department as alternative postmining land uses after consultation with
the landowner or the land management agency having jurisdiction over the lands,
if the proposed uses meet the following criteria:
(1) There is a reasonable likelihood for
achievement of the use.
(2) The use
does not present any actual or probable hazard to public health or safety, or
threat of water diminution or pollution.
(3) The use will not:
(A) Be impractical or unreasonable;
(B) Be inconsistent with applicable land use
policies or plans;
(C) Involve
unreasonable delay in implementation; or
(D) Cause or contribute to violation of
Federal, State, or local law.
(d)
Approximate original
contour. Criteria for variance. Surface coal mining operations that meet
the requirements of this Subsection may be conducted under a variance from the
requirement to restore disturbed areas to their approximate original contour,
if the following requirements are satisfied:
(1) The Department grants the variance under
a permit issued in accordance with Section
460:20-33-6
of this Chapter.
(2) The
alternative postmining land use requirements of Subsection (c) of this Section
are met.
(3) All applicable
requirements of the Act and the regulatory program, other than the requirement
to restore disturbed areas to their approximate original contour, are
met.
(4) After consultation with
the appropriate land use planning agencies, if any, the potential use is shown
to constitute an equal or better economic or public use.
(5) The proposed use is designed and
certified by a qualified registered professional engineer in conformance with
professional standards established to assure the stability, drainage, and
configuration necessary for the intended use of the site.
(6) After approval, where required, of the
appropriate State environmental agencies, the watershed of the permit and
adjacent areas is shown to be improved.
(7) The highwall is completely backfilled
with spoil material, in a manner which results in a static factor of safety of
at least 1.3, using standard geotechnical analysis.
(8) Only the amount of spoil as is necessary
to achieve the postmining land use, ensure the stability of spoil retained on
the bench, and meet all other requirements of the Act and this Chapter are
placed off the mine bench. All spoil not retained on the bench shall be placed
in accordance with Sections
460:20-43-24,
through
460:20-43-27.
(9) The surface landowner of the permit area
has knowingly requested, in writing, that a variance be granted, so as to
render the land, after reclamation, suitable for an industrial, commercial,
residential, or public use (including recreational facilities)
(10) Federal, State, and local government
agencies with an interest in the proposed land use have an adequate period in
which to review and comment on the proposed use.
(11) This section does not apply to non-steep
slope mining.
