| (a) General. All affected areas shall be restored in
a timely manner:
(1) to conditions that are capable of supporting the
uses which they were capable of supporting before any mining; or
(2) to higher or better uses achievable under criteria
and procedures of this section.
(b) Determining premining use of land. The premining
uses 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.
(1) The postmining land use for land that has been
previously mined and not reclaimed shall be judged on the basis of
the highest and best use that can be achieved and is compatible with
surrounding areas.
(2) The postmining land use for land that has received
improper management shall be judged on the basis of the premining
use of surrounding lands that have received proper management.
(3) If the premining use of the land was changed within
5 years of the beginning of mining, the comparison of postmining use
to premining use shall include a comparison with the historic use
of the land as well as its use immediately preceding mining.
(c) Alternative land uses. Prior to the release of
lands from the permit area in accordance with §12.313 of this
title (relating to Criteria and Schedule for Release of Performance
Bond), the permit area shall be restored, in a timely manner, either
to conditions capable of supporting the uses they were capable of
supporting before any mining, or to conditions capable of supporting
approved alternative land uses. Alternative land uses may be approved
by the Commission after consultation with the landowner or the land
management agency having jurisdiction over the lands, if the following
criteria are met:
(1) the proposed postmining land use is compatible
with adjacent land use and, where applicable, with existing local,
state, or federal land-use policies and plans: A written statement
of the views of the authorities with statutory responsibilities for
land use policies and plans is submitted to the Commission within
60 days of notice by the Commission and before surface mining 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 surface mining
activities;
(2) specific plans are prepared and submitted to the
Commission which show the feasibility of the postmining land use as
related to projected land-use trends and markets and that include
a schedule showing how the proposed use will be developed and achieved
within a reasonable time after mining and will be sustained. The Commission
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) provision of any necessary public facilities is
ensured as evidenced by letters of commitment from parties other than
the person who conducts surface mining activities, as appropriate,
to provide the public facilities in a manner compatible with the plans
submitted under §12.147 of this title (relating to Reclamation
Plan: Postmining Land Uses). The letters shall be submitted to the
Commission before surface mining activities begin;
(4) specific and feasible plans are submitted to the
Commission which show that financing, attainment and maintenance of
the postmining land use are feasible and, if appropriate, are supported
by letters of commitment from parties other than the person who conducts
the surface mining activities;
(5) plans for the postmining land use are designed
under the general supervision of qualified professional engineer,
who will ensure that the plans conform to applicable accepted standards
for adequate land stability, drainage, vegetative cover, and aesthetic
design appropriate for the postmining use of the site;
(6) the proposed use will present neither actual nor
probable hazard to public health or safety, nor will it pose any actual
or probable threat of water flow-diminution or pollution;
(7) the use will not involve unreasonable delays in
reclamation;
(8) 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 Commission
and appropriate state and federal fish and wildlife management agencies
have been provided a 60-day period in which to review the plan before
surface mining activities begin; and
(9) proposals to change premining land uses of range,
fish and wildlife habitat, forestland, hayland, or pasture to a postmining
cropland use, where 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, are reviewed by the Commission to ensure that:
(A) there is a firm written commitment by the person
who conducts surface mining activities or by the landowner or land
manager to provide sufficient crop management after release of applicable
performance bonds under Subchapter J of this Chapter (relating to
Bond and Insurance Requirements for Surface Coal Mining and Reclamation
Operations) and §§12.390-12.393 and 12.395 of this title
(relating to Revegetation: General Requirements, to Revegetation:
Use of Introduced Species, to Revegetation: Timing, to Revegetation:
Mulching and Other Soil Stabilizing Practices, and to Revegetation:
Standards for Success), to assure that the proposed postmining cropland
use remains practical and reasonable;
(B) there is sufficient water available and committed
to maintain crop production; and
(C) topsoil quality and depth are sufficient to support
the proposed use.
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