25 Pa. Code § 88.334 - Postdisposal land use
(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
refuse disposal, 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
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 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 mining or to a higher or
better use that can be achieved and is compatible with surrounding
areas.
(c) Alternative
land uses shall 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 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 shall request 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 refuse disposal 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 coal refuse disposal 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 will result in successful
reclamation.
(4) The
proposed use shall neither pose an actual or potential threat to public health
or safety or of water diminution or interruption, contamination or
pollution.
(5) The use may 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 coal refuse
disposal activities begin.
Notes
This section cited in 25 Pa. Code § 86.151 (relating to period of liability); 25 Pa. Code § 86.172 (relating to criteria for release of bond); 25 Pa. Code § 88.341 (relating to haul roads and access roads: restoration); and 25 Pa. Code § 88.509 (relating to criteria and schedule for release of bonds on pollution abatement areas).
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