Section 86.122. Criteria for designating lands as unsuitable

(a) Upon petition, an area shall be designated as unsuitable for all or certain types of surface mining operations if the Department determines that reclamation is not technologically and economically feasible.

(b) Upon petition, an area may be designated as unsuitable for all or certain types of surface mining operations if the surface mining operations will:

(1) Be incompatible with existing Commonwealth or local land use plans or programs.

(2) Affect fragile or historic lands in which the surface mining operations could result in significant damage to important historic, cultural, scientific or esthetic values or natural systems.

(3) Affect renewable resource lands in which the surface mining operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products.

(4) Affect natural hazard lands in which the surface mining operations could substantially endanger life and property, the lands to include areas subject to frequent flooding and areas of unstable geology.

The provisions of this § 86.122 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended December 13, 1996, effective December 14, 1996, 26 Pa.B. 5962. Immediately preceding text appears at serial page (198830).

Notation

Cross References

This section cited in 25 Pa. Code § 86.103 (relating to procedures); 25 Pa. Code § 86.121 (relating to areas designated unsuitable for mining); 25 Pa. Code § 86.123 (relating to procedures: petitions); 25 Pa. Code § 86.124 (relating to procedures: initial processing, recordkeeping and notification requirements); 25 Pa. Code § 86.127 (relating to data base and inventory system requirements); and 25 Pa. Code § 86.130 (relating to areas designated as unsuitable for mining).