§ 3307. Mining permit; reclamation plan
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 52 P.S. Mines and Mining
52 P.S. § 3307
§ 3307. Mining permit; reclamation plan
(a) Permit required.--Except as provided in section 24,1 no person shall operate a surface mine or allow a discharge from a surface mine unless the person has first obtained a permit from the department in accordance with this act and unless the person is operating in accordance with the conditions provided in the permit as well as the applicable statutes and regulations. The department may impose such permit conditions as are necessary to carry out the purposes of this act. The department is authorized to charge and collect from persons a reasonable filing fee, which shall not exceed the cost of reviewing, administering and enforcing the permit.
(b) Map or plan required.--As a part of each application for a permit, the operator shall furnish an accurately surveyed map or plan, in quadruplicate, on a scale satisfactory to the department, but in no event less than 1:25,000, showing the location of the tract or tracts of land to be affected by the operation contemplated and cross sections at intervals as the department may prescribe. The surveyed map or plan and cross sections shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:
The map or plan shall also show the results of test borings which the operator has conducted or will conduct at the site of the proposed operation and shall include the nature and depth of the various strata, the thickness of any mineral seam, the crop line of any minerals to be mined, the location of test boring holes and, if required by the department, a complete analysis of the mineral seam or mineral to be mined and an overburden analysis. Aerial photographs of the tract or tracts of land to be affected by the operation shall also be provided if photographs are required by the department.
(2) A statement of the land use proposed for the affected area after surface mining and reclamation are completed, including a plan for restoring the area to approximate original contour or an alternative to approximate original contour such as terracing. The statement shall include one of the following:
(i) A description of the operator's plan to restore the area to be affected by surface mining to approximate original contour. The statement must demonstrate that the operation will restore the land affected to a condition capable of supporting the uses it was capable of supporting prior to any mining or any higher or better uses.
(ii) A demonstration that the proposed operation will be carried out over a substantial period of time, that the thickness of the mineral deposit proposed to be mined, relative to the volume of overburden, is very large and that the overburden and other spoil materials at the permit area are insufficient to restore the area to approximate original contour. Where the applicant makes that demonstration, he shall also include a description of his alternative to contouring, in conjunction with such proposed land uses as water impoundment, water-oriented real estate development, recreational development, industrial site development or solid waste disposal area development. The applicant must show that the alternative to contouring is likely to be achieved, poses no actual or potential threat to public health or safety or of water diminution, contamination, interruption or pollution and is consistent with applicable land use policies, plans and programs as well as Federal, State or local law. In addition, the applicant must demonstrate that the land affected will, after mining and reclamation has been completed, be capable of supporting the highest or best use it can reasonably support.
(iii) Where the applicant does not meet the requirements of subparagraph (ii), but seeks an alternative to contouring, a description of the operator's alternative to contouring, including a demonstration that the operation will restore the land affected to a condition capable of supporting the uses it was capable of supporting prior to any mining or to any higher or better use. The application must also demonstrate that the alternative is acceptable to the landowner, that no highwalls will remain after mining, that the watershed of the area will be improved and that the proposed use has been designed and certified by a registered professional engineer to assure the stability, drainage and configuration necessary for the intended use of the site. The description of the alternative to contouring shall include such proposed land uses as water impoundment, water-oriented real estate development, recreational development, industrial site development or solid waste disposal area development. The applicant must also demonstrate that the alternative to contouring is likely to be achieved and poses no actual or potential threat to public health or safety or of water diminution, interruption, contamination or pollution.
(3) A description of the manner in which the operation will segregate and conserve topsoil and, if necessary, suitable subsoil or an explanation that the area lacks topsoil and subsoil that can be segregated and conserved. Where the proposed postmining land use does not involve revegetation, the operator shall also state the manner in which he plans to use or sell the topsoil or subsoil to insure its continuing productivity.
(6) A plan for establishing a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area. However, introduced species may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan. Where the proposed postmining land use is a long-term, intensive, agricultural use, the department may waive the requirements of this paragraph, if the applicant demonstrates that the area will be restored to a condition capable of supporting that use. Where the proposed postmining land use does not involve any vegetation, the applicant shall demonstrate that the area will be stabilized to prevent and control erosion and siltation.
(7) If the permit application is based upon leases not in existence on January 1, 1972, the application shall include, upon a form prepared by the department, the written consent of the landowner to entry upon any land to be affected by the operation and by the Commonwealth and any of its authorized agents, prior to the initiation of surface mining operations, during surface mining operations and for a period of five years after the operation is completed or abandoned for the purpose of reclamation, planting and inspection or for the construction of any pollution abatement facilities as may be deemed necessary by the department for the purpose of this act. If the permit application is based upon leases in existence on or before January 1, 1972, the application for permit shall include, upon a form prescribed and furnished by the department, a notice of the existence of the lease and a description of the chain of title.
(9) The manner in which the operator plans to comply with the requirements of the act of January 8, 1960 (1959 P.L. 2119, No. 787), known as the Air Pollution Control Act;2 the act of June 22, 1937 (P.L. 1987, No. 394), known as The Clean Streams Law;3 and, where applicable, the act of September 24, 1968 (P.L. 1040, No. 318), known as the Coal Refuse Disposal Control Act;4 the act of July 31, 1968 (P.L. 788, No. 241), known as the Pennsylvania Solid Waste Management Act;5 or the act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act;6 the act of November 26, 1978 (P.L. 1375, No. 325), known as the Dam Safety and Encroachments Act;7 and the act of May 31, 1945 (P.L. 1198, No. 418), known as the Surface Mining Conservation and Reclamation Act.8
Credits
1984, Dec. 19, P.L. 1093, No. 219, § 7, effective in 60 days.
Footnotes
52 P.S. § 3324.
35 P.S. § 4001 et seq.
35 P.S. § 691.1 et seq.
52 P.S. § 30.51 et seq.
35 P.S. §§ 6001 to 6017 (repealed).
35 P.S. § 6018.101 et seq.
32 P.S. § 693.1 et seq.
52 P.S. § 1396.1 et seq.
52 P.S. § 3307, PA ST 52 P.S. § 3307
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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