(a) 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 mining, or to
higher or better uses achievable under criteria and procedures of this section
and prior to the release of land from the permit area in accordance with
Chapter 86, Subchapter F (relating to bonding and insurance
requirements).
(b) The premining
use of land to which the postmining land use is compared shall be determined by
the following:
(1) The postmining land use for
land that has not been previously mined and has been properly managed shall be
judged on the basis of uses which the land previously supported.
(2) The postmining land use for land that has
been previously mined and not reclaimed shall be judged on the basis of the
condition prior to mining or to a higher or better use that can be achieved and
is compatible with surrounding areas.
(c) Alternative land uses will be approved by
the Department after consultation with the landowner or the land management
agency having jurisdiction over the lands and after determining the following
criteria have been met:
(1) The proposed
postmining 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 surface
mining 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 surface
mining 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) Provision of any necessary public
facilities is ensured as evidenced by letters of commitment from parties other
than the person who conducts surface mining activities, as appropriate, to
provide the public facilities in a manner compatible with the plans submitted
under Subchapter A (relating to general provisions). The letters shall be
submitted to the Department before surface mining activities begin.
(ii) Specific plans are prepared and
submitted to the Department which show the feasibility of the postmining 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 mining 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 mining and reclamation,
and that the plans shall result in successful reclamation.
(4) The proposed use will neither pose 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 or implementation.
(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 in which to review the plan before surface mining
activities begin.