(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 resource 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.

(1) review by the department of surface coal refuse disposal 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 coal refuse disposal operations;

(3) a method or methods for implementing land use planning decisions concerning coal refuse disposal operations; and

(4) proper notice, opportunities for public participation, including a public hearing prior to making any designation or redesignation, pursuant to this section.

(1) on any lands within the boundaries of units of the National Park System, the National Wildlife Refuge Systems, 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 on Scenic Rivers Act 16 U.S.C. § 1274 et seq. and National Recreation Areas designated by act of Congress;

(2) on any Federal lands within the boundaries of any National forest: Provided, however, That coal refuse disposal operations may be permitted on such lands if the Department of the Interior and the department find that there are no significant recreational, timber, economic, or other values which may be incompatible with such coal refuse disposal operations;

(3) which will adversely affect any publicly 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 regulatory authority 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 of any occupied dwelling, unless waived by the owner thereof, nor within three hundred feet of any public park, public building, school, church, community or institutional building, nor within one hundred feet of a cemetery, nor within one hundred feet of the bank of any stream. Notwithstanding this one hundred foot stream buffer zone, if consistent with section 4.1 of this act,² the department may grant a variance to dispose of coal refuse and to relocate or divert streams in the stream buffer zone if the operator demonstrates to the satisfaction of the department that there will be no significant adverse hydrologic or water quality impacts as a result of the variance. The variance shall be issued as a written order specifying the methods and techniques that must be employed to prevent or mitigate adverse impacts. Prior to granting any such variance, the operator shall be required to give public notice of his application for the variance in two newspapers of general circulation in the area once a week for two successive weeks. Should any person file any exception to the proposed variance within twenty days of the last publication of the notice, the department shall conduct a public hearing with respect to the application within thirty days of receipt of the exception. The department shall also consider any information or comments submitted by the Pennsylvania Fish and Boat Commission prior to taking action on any variance request.

(1) as phases of the coal refuse disposal area reach capacity;

(2) as specified in the permit;

(3) when the operator temporarily ceases operation of the coal refuse disposal area for a period in excess of ninety days unless the department approves an operator's request for a longer period; or

(4) when the operator permanently ceases operation of the coal refuse disposal area.