(a) Surface land
areas affected by underground mining activities shall be restored, in a timely
manner, to conditions that are capable of supporting the use which the areas
were capable of supporting before any mining, or to higher or better uses
achievable under the criteria and procedures of subsection (c).
(b) The premining use of land to which the
postmining land use is compared shall be those uses which the land previously
supported, if the land had not been previously mined and had been properly
managed.
(c) Alternative land uses
may be approved by the Department after consultation with the landowner or the
land management agency having jurisdiction over the lands, if the following
apply:
(1) The proposed alternative land use
is compatible with adjacent land use and, when applicable, with existing local,
State or Federal land use policies and plans. When an alternative land use is
proposed, the Department will notify authorities with statutory responsibility
for land use policies and plans. These authorities shall have 60 days to submit
written statements on the proposed alternative land use. Any required approval
of local, State or Federal land management agencies, including any necessary
zoning or other changes required for the land use, is obtained and remains
valid throughout the mining activities.
(2) The proposed postmining land use is
reasonably likely to be achieved which may be demonstrated by the following or
other similar criteria: Specific plans are prepared and submitted to the
Department which show the feasibility of the alternative land use as related to
projected land use trends and markets, which include a schedule showing how the
proposed use will be developed and achieved within a reasonable time after
mining, and which show how the use will be sustained. The Department may
require appropriate demonstrations to show how the use 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.
(3) The proposed uses will neither present
actual nor probable hazard to public health, safety or water flow diminution or
pollution.
(4) The proposed uses
will not involve unreasonable delays in reclamation.
(5) Necessary approval of measures to prevent
adverse effects on fish, wildlife and related environmental values and
threatened or endangered plants are obtained from the Department and
appropriate State and Federal fish and wildlife management agencies.
(6) Proposals to change premining land uses
of range, fish and wildlife habitat, forest land, hayland or pasture to a
postmining cropland use, when the cropland would require continuous maintenance
such as seeding, plowing, cultivation, fertilization or other similar practices
to be practicable or to comply with applicable Federal, State and local laws,
have been reviewed by the Department to ensure that:
(i) There is a firm written commitment by the
operator or by the landowner or land manager to provide sufficient crop
management after release of applicable performance bonds under Chapter 86,
Subchapter F (relating to bonding and insurance requirements) to assure that
the proposed postmining cropland use remains practical and
reasonable.
(ii) There is
sufficient water available and committed to maintain crop production.
(iii) Topsoil quality and depth are
sufficient to support the proposed use.