Current through Register Vol. 54, No. 36, September 7, 2024
Section 77.462 - Postmining land uses and alternative restoration(a) An application shall contain a description and a map showing the proposed use, following reclamation of the land within the proposed permit area.(b) An application shall contain one of the following:(1) A description of the operator's plans to restore the area to be affected by surface mining to approximate original contour. The statement shall demonstrate that the operation will restore the affected land to a condition capable of supporting the uses it was capable of supporting prior to mining or higher or better uses.(2) A description of the operator's plans to achieve an alternative to approximate original contouring. The applicant shall: (i) Show that the alternative to contouring is likely to be achieved.(ii) Show that the alternative to contouring poses no actual or potential threat to public health or safety, or of water diminution, interruption, contamination or pollution.(iii) Do one of the following:(A) Describe the postmining land use and show that:(I) The proposed postmining land use is compatible with adjacent land use and consistent with applicable land use policies, plans and programs and Federal, State and local law.(II) The proposed operation will be long term.(III) The ratio of mineral deposit to overburden is such that AOC backfilling cannot be achieved.(B) Do the following:(I) Show that the alternative to contouring: (-a-) Will improve the watershed of the area.(-b-) Will leave no highwalls.(-c-) Has been approved by the landowner in a notarized written statement.(-d-) Will restore the land to a condition of supporting uses equal to or higher and better than the premining uses.(II) Describe the postmining land use and demonstrate that the proposed postmining land use has been designed and certified by a registered professional engineer in conformance with professional standards to assure the stability, drainage and configuration necessary for the intended use of the site.The provisions of this §77.462 adopted March 16, 1990, effective 3/17/1990, 20 Pa.B. 1643. This section cited in 25 Pa. Code § 77.126 (relating to criteria for permit approval or denial); 25 Pa. Code § 77.632 (relating to restoration); and 25 Pa. Code § 77.653 (relating to postmining land use).