Section 87.159. Postmining land use

(a) Prior to the release of land from permit area in accordance with Chapter 86, Subchapter F (relating to bonding and insurance requirements), 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 and better uses achievable under criteria and procedures of this section.

(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 those 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 basis of the condition prior to any mining or to a higher or better 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 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 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 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.

(ii) Provision for necessary public facilities is ensured with 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 § 87.75 (relating to postmining land uses). The letters shall be submitted to the Department before surface mining activities begin.

(iii) The applicant presents specific plans for the proposed postmining land use and appropriate assurances that the use will be practicable with respect to private financial capability for completion of the proposed use.

(4) The proposed use will neither pose an actual 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.

The provisions of this § 87.159 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 May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (206847) to (206849).

Notation

Cross References

This section cited in 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); 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 § 86.174 (relating to standards for release of bonds); 25 Pa. Code § 87.62 (relating to operational information); 25 Pa. Code § 87.75 (relating to postmining land uses); 25 Pa. Code § 87.108 (relating to hydrologic balance: sedimentation ponds); 25 Pa. Code § 87.131 (relating to disposal of excess spoil); 25 Pa. Code § 87.144 (relating to backfilling and grading: final slopes); 25 Pa. Code § 87.166 (relating to haul roads and access roads: restoration); 25 Pa. Code § 87.175 (relating to variance to contouring); and 25 Pa. Code § 87.209 (relating to criteria and schedule for release of bonds on pollution abatement areas).