Current through Register Vol. 55, No. 13, March 29, 2025
(a) 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 mining, or
to higher or better uses achievable under criteria and procedures of this
section, and prior to the release of land from permit area in accordance with
Chapter 86, Subchapter F (relating to bonding and insurance
requirements).
(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 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 condition prior
to mining or to a higher or better use that can be achieved and is compatible
with surrounding areas.
(c) Alternative land uses shall be approved
by the Department after consultation with the landowner or the land management
agency having jurisdiction over the lands and after determining 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 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)
Provision of any necessary public facilities is ensured as evidenced by 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 Subchapter A (relating to general
provisions). The letters shall be submitted to the Department before surface
mining activities begin.
(ii)
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.
(4) The proposed use will neither pose 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 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.
This section cited in 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 §
88.237 (relating to haul roads and
access roads: restoration); and 25 Pa. Code §
88.509 (relating to criteria and
schedule for release of bonds on pollution abatement
areas).
