Ill. Admin. Code tit. 62, § 1785.16 - Permits Incorporating Variances From Approximate Original Contour Restoration Requirements
a) The
Department may issue a permit for nonmountaintop removal steep slope mining
which includes a variance from the requirements of 62 Ill. Adm. Code
1816.102,
1816.104,
1816.105,
and
1816.107
or
1817.102
and
1817.107
to restore the disturbed areas to their approximate original contour. The
permit may contain such a variance only if the Department finds, in writing,
that the applicant has demonstrated, on the basis of a complete application,
that the following requirements are met:
1)
After reclamation, the lands to be affected by the variance within the permit
area will be suitable for an industrial, commercial, residential, or public
post-mining land use (including recreational facilities).
3) The watershed of
lands within the proposed permit and adjacent areas will be improved by the
operations when compared with the condition of the watershed before mining or
with its condition if the approximate original contour were to be restored. The
watershed will be deemed improved only if:
A)
The amount of total suspended solids or other pollutants discharged to ground
or surface water from the permit area will be reduced, so as to improve the
public or private uses or the ecology of such water, or flood hazards within
the watershed containing the permit area will be reduced by reduction of the
peak flow discharge from precipitation events or thaws;
B) The total volume of flow from the proposed
permit area, during every season of the year, will not vary in a way that
adversely affects the ecology of any surface water or any existing or planned
use of surface or ground water; and
C) The appropriate State environmental agency
approves the plan.
4)
The owner of the surface of the lands within the permit area has knowingly
requested, in writing, as part of the application, that a variance be granted.
The request shall be made separately from any surface owner consent given for
the operations under 62 Ill. Adm. Code
1778.15
of this chapter and shall show an understanding that the variance could not be
granted without the surface owner's request.
b) If a variance is granted under this
section:
1) The requirements of 62 Ill. Adm.
Code
1816.133(d)
or 62 Ill. Adm. Code
1817.133(d)
shall be included as a specific condition of
the permit; and
2) The permit shall
be specifically marked as containing a variance from approximate original
contour.
c) A permit
incorporating a variance under this section shall be reviewed by the Department
at least every thirty (30) months following the issuance of the permit to
evaluate the progress and development of the surface coal mining and
reclamation operations to establish that the operator is proceeding in
accordance with the terms of the variance.
d) If the permittee demonstrates to the
Department that the operations have been, and continue to be, conducted in
compliance with the terms and conditions of the permit, the requirements of the
Federal Act, 62 Ill. Adm. Code 1700-1850, and the regulatory program, the
review specified in subsection (c) need not be held.
e) The terms and conditions of a permit
incorporating a variance under this Section may be modified at any time by the
Department, if it determines that more stringent measures are necessary to
ensure that the operations involved are conducted in compliance with the
requirements of the Federal Act, and the regulatory program.
Notes
Amended at 11 Ill. Reg. 8416, effective July 1, 1987
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