Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › PERFORMANCE STANDARDS › Section 89.88 - Postmining land use

Current through Register Vol. 54, No. 28, July 13, 2024
(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.