Section 90.166. Postdisposal 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), 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 coal refuse disposal activities, or to higher or better uses achievable under criteria and procedures of this section.

(b) The predisposal use of land to which the postdisposal land use is compared shall be determined by the following:

(1) The postdisposal land use for land that has not been previously mined or had coal refuse disposal activities and has been properly managed shall be judged on the basis of those uses which the land previously supported.

(2) The postdisposal 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, including disposal, or the highest and best 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 postdisposal 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 coal refuse disposal 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 coal refuse disposal 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 postdisposal 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 coal refuse disposal activities are completed 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 coal refuse disposal activities, and that the plans will result in successful reclamation.

(ii) Provision for necessary public facilities is ensured as evidenced by letters of commitment from parties other than the person who conducts coal refuse disposal activities, as appropriate, to provide the public facilities in a manner compatible with the plans submitted under § 86.34 (relating to informal conferences). The letters shall be submitted to the Department before coal refuse disposal activities begin.

(iii) Specific and feasible plans are submitted to the Department which show that financing, attainment and maintenance of the postdisposal land use are feasible and, if appropriate, are supported by letters of commitment from parties other than the person who conducts the coal refuse disposal activities.

(4) The proposed use will not present 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.

(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 to review the plan before coal refuse disposal activities begin.

The provisions of this § 90.166 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 (208002) to (208004).

Notation

Cross References

This section cited in 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); 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 § 90.31 (relating to general requirements); 25 Pa. Code § 90.34 (relating to reclamation: postdisposal land use); 25 Pa. Code § 90.140 (relating to haul roads and access roads: restoration); 25 Pa. Code § 90.154 (relating to revegetation: agriculture crops); and 25 Pa. Code § 90.309 (relating to criteria and schedule for release of bonds on pollution abatement areas).