Section 1396.4e - Designating areas unsuitable for surface mining(a) Pursuant to the procedures set forth in subsection (b), the department shall designate an area as unsuitable for all or certain types of surface mining operations as such operations are defined in section 3 , if the department determines that reclamation pursuant to the requirements of this act is not technologically and economically feasible.(b) Pursuant to the procedures set forth in this subsection, the department may designate an area as unsuitable for all or certain types of surface mining operations if such operations will: (1) be incompatible with existing State or local land use plans or programs;(2) affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific and esthetic values and natural systems;(3) affect renewable resources lands in which such operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products and such lands to include aquifers and aquifer recharge areas; or(4) affect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.(c) The department shall forthwith develop a process to meet the requirements of this act. This process shall include:(1) a department review of surface mining lands;(2) a data base and an inventory system which will permit proper evaluation of the capacity of different land areas of the State to support and permit reclamation of surface mining operations;(3) a method or methods for implementing land use planning decisions concerning surface mining operations; and(4) proper notice, opportunities for public participation, including a public hearing prior to making any designation or redesignation, pursuant to this section.(d) Determinations of the unsuitability of land for surface mining, as provided for in this section, shall be integrated as closely as possible with present and future land use planning and regulation at the Federal, State and local levels.(e) The requirements of this section shall not apply to lands on which surface mining operations were being conducted on August 3, 1977 or are being conducted under a permit issued pursuant to this act, or where substantial legal and financial commitments as they are defined under § 522 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1201 et seq. if such operations were in existence prior to January 4, 1977.(f) Any person having an interest which is or may be adversely affected shall have the right to petition the department to have an area designated as unsuitable for surface mining operations, or to have such a designation terminated. Pursuant to the procedures set forth in this subsection, the department may initiate proceedings seeking to have an area designated as unsuitable for surface mining operations, or to have such a designation terminated. Such a petition shall contain allegations of facts with supporting evidence which would tend to establish the allegations. Within ten (10) months after receipt of the petition the department shall hold a public hearing in the locality of the affected area, after appropriate notice and publication of the date, time and location of such hearing. After a person having an interest which is or may be adversely affected has filed a petition and before the hearing, as required by this subsection, any person may intervene by filing allegations of facts with supporting evidence which would tend to establish the allegations. Within sixty (60) days after such hearing, the department shall issue and furnish to the petition and any other party to the hearing, a written decision regarding the petition and the reasons therefore. In the event that all the petitioners stipulate agreement prior to the requested hearing and withdraw their request, such hearing need not be held.(g) Prior to designating any land areas as unsuitable for surface mining operations, the department shall prepare a detailed statement on (i) the potential mineral resources of the area, (ii) the demand for mineral resources, and (iii) the impact of such designation on the environment, the economy and the supply of the mineral.(h) Subject to valid existing rights as they are defined under § 522 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1201 et seq., no surface mining operations except those which existed on August 3, 1977 shall be permitted: (1) on any lands within the boundaries of units of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act and National Recreation Areas designated by Act of Congress;(2) on any Federal lands within the boundaries of any national forest: Provided, however, That surface mining operations may be permitted on such lands if the Department of Interior and the department finds that there are no significant recreational, timber, economic, or other values which may be incompatible with such surface mining operations and such surface mining operations and impacts are incident to an underground coal mine;(3) which will adversely affect any public owned park or places included in the National Register of Historic Sites unless approved jointly by the department and the Federal, State, or local agency with jurisdiction over the park or the historic site;(4) within one hundred feet of the outside right-of-way line of any public road, except where mine access roads or haulage roads join such right-of-way line and except that the department may permit such roads to be relocated or the area affected to lie within one hundred feet of such road, if after public notice and opportunity for public hearing in the locality a written finding is made that the interests of the public and the landowners affected thereby will be protected; or(5) within three hundred feet from any occupied dwelling, unless waived by the owner thereof, nor within three hundred feet of any public building, school, church, community, nor institutional building, public park or within one hundred feet of a cemetery.(i) No operator shall conduct surface mining operations within one hundred feet of the bank of any stream. The department may, however, grant a variance from this distance requirement if the operator demonstrates beyond a reasonable doubt that there will be no adverse hydrologic or water quality impacts as a result of the variance. Such variance shall be issued as a written order specifying the methods and techniques that must be employed to prevent adverse impacts. Prior to granting any such variance, the operator shall be required to give public notice of his application thereof in two (2) newspapers of general circulation in the area once a week for two (2) successive weeks. Should any person file any exception to the proposed variance within twenty (20) days of the last publication thereof, the department shall conduct a public hearing with respect thereto. The department shall also consider any information or comments submitted by the Pennsylvania Fish Commission prior to taking action on any variance request.1945, May 31, P.L. 1198, § 4.5, added 1980, Oct. 10, P.L. 835, No. 155, § 8, imd. effective.