25 Pa. Code § 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.