Section 87.175. Variance to contouring

(a) The Department may approve a variance from regrading the land to approximate original contour provided the applicant demonstrates and the Department finds in writing that:

(1) The owner of the surface requests, in writing, that a variance be granted to render the land, after reclamation, suitable for an industrial, commercial, residential or public use, including recreational facilities.

(2) The watershed of the area is improved.

(3) The highwall is completely backfilled with spoil material, in a manner which results in static factor of safety of at least 1.3—using standard geotechnical analyses—after mining and reclamation.

(4) The proposed use, after consultation with the appropriate land use planning agencies, if any, constitutes 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) Only the amount of spoil will be placed off the mine bench as is necessary to achieve the planned postmining land use, insure stability of the spoil retained on the bench and meet all other requirements of this chapter. All spoil not retained on the bench shall be placed in accordance with § § 87.131, 87.141, 87.142, 87.144 and 87.145.

(7) The requirements of § 87.159 (relating to postmining land use) for alternate postmining land use are met.

(8) Land above the highwall is disturbed only to the extent that is necessary to do one of the following:

(i) Blend the solid highwall and the backfilled material.

(ii) Control surface runoff.

(iii) Provide access to the area above the highwall.

(iv) Meet the requirements of this chapter.

(b) The watershed shall only be deemed improved if:

(1) There will be a reduction in the amount of total suspended solids or other pollutants discharged to ground or surface waters from the permit area as compared to the discharges prior to mining, so as to improve public or private uses or the ecology of such waters; or there will be reduced flood hazards within the watershed containing the permit area by reduction of the peak flow discharges from precipitation events or thaws.

(2) The total volume of flows from the proposed permit area, during every season of the year, will not vary in a way that adversely affects the ecology of any water or any existing or planned surface water or groundwater.

(c) If a variance is granted under this section, the permit shall be specifically conditioned as containing a variance from approximate original contour.

(d) Any permit incorporating a variance issued under this section shall be reviewed not more than 3 years from the date of issuance of the permit unless the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the variance.

The provisions of this § 87.175 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 February 17, 1984, 14 Pa.B. 524, effective August 4, 1984, 14 Pa.B. 2860. Immediately preceding text appears at serial pages (72171) to (72173).

Notation

Cross References

This section cited in 25 Pa. Code § 86.51 (relating to reviews of active permits); 25 Pa. Code § 87.81 (relating to steep slope operations); 25 Pa. Code § 87.141 (relating to backfilling and grading: general requirements); and 25 Pa. Code § 87.174 (relating to steep slope operations).