As used in this section the term "borrow area" means
an area where minerals are extracted solely for the purpose of solid waste site
development. The noncoal surface mining permit requirements of the act and this
chapter do not apply to the extraction of noncoal minerals within the permit
area of a valid solid waste permit issued under the Solid Waste Management Act
(35
P. S. §§ 6018.101-6018.1003) where
the solid waste permittee demonstrates to the Department's satisfaction that
the following exist:
(1) The noncoal
minerals will be used solely for purposes necessary to comply with solid waste
permit requirements.
(2) The solid
waste permittee maintains a valid noncoal surface mining operator's license
prior to the extraction of the noncoal minerals under Subchapter B (relating to
surface mining operator's license).
(3) Noncoal mineral extraction in the borrow
area will be conducted in accordance with an erosion and sedimentation control
plan or permit implemented under Chapter 102 (relating to erosion and sediment
control).
(4) The areas affected by
the extraction of noncoal minerals shall be graded and restored to a slope not
to exceed 35°, and will contain no depressions which will impound water.
The affected areas will be revegetated to provide a quick germinating,
fast-growing, effective and permanent vegetative cover of the same seasonal
variety native to the area of land to be affected and capable of
self-regeneration and plant succession at least equal to the extent of cover to
the natural vegetation of the area. Introduced species may be used in the
revegetation process where desirable and necessary to achieve the approved
postmining land use plan. Vegetative cover shall be considered of the same
seasonal variety when it consists of a mixture of species of equal or superior
utility for the land use, when compared with the utility of naturally-occurring
vegetation during each season of the year.
(5) The reclamation of the borrow area will
commence within 10 days of the last extraction of noncoal minerals and will be
completed within 30 days. Planting shall be completed by the first normal
period for favorable planting.